Family of woman critically injured in expressway shooting involving off-duty cop files lawsuit against city

Lizbeth Urbina, a 24-year-old mother of a 3-year-old and 1-year-old, has been on a ventilator at Northwestern Memorial Hospital for almost a week.

An off-duty police officer allegedly exchanged gunfire with a man in Urbina’s vehicle in the northbound lanes of the Stevenson Expressway near Archer Avenue on Thursday night, which left her with life-threatening injuries. Authorities have said it was not clear who fired the round that hit Urbina.

Urbina is still in critical condition, her sister Lizeth Urbina, 27, confirmed to the Tribune.

“She’s literally just going day by day,” she said.

On a sunny Wednesday, a group of 10 people including Urbina’s sister, friends and supporters gathered at the Illinois State Police District Chicago headquarters in Des Plaines to demand authorities release video of the shooting and conduct a fair investigation.

Urbina’s family also filed a lawsuit Wednesday in Cook County Circuit Court against the city of Chicago and the Chicago police officer involved, per the family’s attorney, Richard Dvorak. Community organizers also were demanding answers.

“We’re really looking for a very fair investigation,” Baltazar Enriquez told reporters in front of the state police headquarters.

Enriquez is president of Little Village Community Council, which organized the news conference and prepared a public records request for state police to release any video they may have of the incident.

“We’re here as a family, as a community to support Ms. Urbina, to make sure that she gets justice, and make sure that the truth comes out,” he said. “The family deserves this. The community deserves this.”

A friend tightly held Lizeth Urbina’s hand, standing behind Dvorak as he detailed the lawsuit, which he said was based on the police officer’s version of events outlined in bond court.

“And based on the officer’s version of events, this was a completely unjustifiable, reckless shooting,” he added.

The lawsuit alleges Urbina was in her vehicle, stopped at a red light on Kedzie Avenue right before the ramp to the northbound lanes of I-55, when the officer’s car approached and stopped behind her. He was on his way to work, Dvorak said.

When the light turned green, Urbina did not immediately move her car, at which point the officer allegedly honked his horn at her.

“This then led to some back-and-forth interactions between the vehicles,” the lawsuit reads. The argument continued as both vehicles got onto I-55, Dvorak said.

“(The officer) had a whole host of things he could have done to de-escalate the situation, and instead he escalated it, and the result is a young woman who’s in the ICU right now, fighting for her life,” he said.

The officer could have called 911, slowed down, exited the highway or pulled over, Dvorak said.

At one point, Dvorak said, the passenger in Urbina’s vehicle, David Abarca, allegedly pointed a green laser at the officer. He said the officer shot into Urbina’s vehicle as a result of the laser being pointed at him.

The lawsuit alleges Urbina was unarmed at the time of the shooting. Abarca has since been charged with attempted murder in what authorities have described as the trading of gunfire that followed the confrontation.

According to the lawsuit, the officer admitted to firing the first shot and to firing multiple shots at Urbina’s vehicle. A bullet struck the left side of Urbina’s head.

Urbina is currently unable to speak, according to her family. Her sister Lizeth told the Tribune “if she makes it, she’s gonna need a second surgery. So, pretty unclear how things are going to be in the next few days.”

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“Lizbeth is not out of the woods,” Dvorak said. “We do not know what lies ahead of her, but she is a fighter, and we are hopeful she recovers. Until then, however, my law firm and her family must speak on her behalf to get her justice.”

He said that prosecutors repeatedly referred to Urbina as “co-offender” during a bond hearing for Abarca on Sunday.

“She is a victim and nothing more,” he said.

After the news conference, Enriquez led the group to the steps of the state police headquarters to try to meet with someone and make their demands known. Capt. David Keltner talked briefly with Enriquez in front of the building’s glass doors.

“All we want to know is the truth,” Enriquez said earlier. “What really happened.”

adperez@chicagotribune.com