David Malito, Joliet, IL man, dies in police custody after encounter caught on bodycam video at Shell gas station: 'Don't kill me'
Share this @internewscast.com

JOLIET, Ill. (WLS) — David Malito died shortly after being restrained by Joliet police during an encounter with them early on Christmas morning.

Investigators reported that Malito made three urgent calls to 911, seeking assistance as he believed he was being confronted by someone armed. Upon the officers’ arrival, Malito was found to be in a delirious state, likely due to drug use.

ABC7 Chicago is now streaming 24/7. Click here to watch

What happened next was captured by police bodycam. ABC7 has obtained a redacted copy of that video.

It was Christmas Day when David Malito’s mother, Kimberly Malito, got the news that her son was dead.

“He left me on Christmas. It was horrible, like a nightmare,” she said. “I miss him. I have an image in my head that won’t go away.”

Footage from the Joliet Police Department’s body cameras depicts the 39-year-old seemingly experiencing a delusion, initially fleeing from the police before turning aggressive.

It was horrible, like a nightmare

“He’s definitely on something,” an officer in the video says.

“I’m scared,” Malito can be heard saying.

“What’s your name? What’s your name? We’re going to have somebody check you out. Just relax,” an officer says.

“Let me see your phone, buddy. I got it. I got it,” another officer says.

“Please. Please, don’t kill me. Please. I love you. Help!” Malito says.

During the encounter, Malito attempted to flee again, causing a fall that brought another officer down with him. Officers quickly intervened, subduing Malito by pinning him face-down on the ground. In their effort to restrain him, they handcuffed Malito, with an officer placing a knee on his back. The entire sequence unfolded in approximately 90 seconds.

“He’s turning purple. He’s turning purple. He’s turning purple,” one officer in the video says. “Roll him on his back… Yeah, he’s overdosing.”

“I got Narcan. I got Narcan,” another officer says.

A man who went down screaming for his life. ‘Please don’t kill me,’ and he died

Paramedics arrived shortly after officers administered the Narcan. But Malito died at the hospital about an hour later.

Joliet Police Chief Bill Evans issued a statement on Malito’s death, saying, “A thorough and independent investigation conducted by the Will-Grundy Major Crimes Task Force, along with findings from the Will County Coroner’s Office, determined that Mr. Malito’s cause of death was from cocaine toxicity. The Will County State’s Attorney Office reviewed the case and found no evidence of wrongdoing or misconduct by the Joliet Police Department officers involved.”

But Malito’s family blames police.

“It was a terrible video. Terrible. A man who went down screaming for his life. ‘Please don’t kill me,’ and he died,” said Anthony Malito, the man’s twin brother.

The Will County State’s Attorney’s Office has cleared the officers of any wrongdoing.

Evans said, in part, “Any loss of life is a tragedy, and we recognize the pain that accompanies losing a loved one… My officers face unpredictable and emotionally charged situations daily, and I support their unwavering commitment and courage to provide the highest quality of police services that this city expects and deserves… The video and forensic evidence in this case clearly indicate that my officers acted with compassion and urgency to assist Mr. Malito and try to save his life.”

Malito’s death took place just two weeks after the Illinois attorney general issued a three-year-long report finding that Joliet police have a pattern of engaging of excessive force.

The probe was requested following the in-custody death of Eric Lurry in 2020. Lurry was found to have died from a Fentanyl overdose. Police, at the time, said they were trying to remove drugs from his mouth and were not responsible for his death.

Malito’s loved ones gathered for a vigil at 6:30 p.m. Monday at the Shell gas station where the ultimately fatal encounter took place.

“It’s painful, and my son did not deserve this at all,” Malito’s mother said.

“That’s my son, and then he will never come back. That’s an awful feeling,” his father, David Palacios, said.

They are calling for an independent investigation and for the officers involved to face discipline.

“Justice will prevail for him, and I hope this never happens to anyone else. Mental health matters. Substance abuse matters, and our police need to do better,” said Malito’s sister-in-law, Chelsea Thean.

The family also calling for changes in officer training.

Copyright © 2025 WLS-TV. All Rights Reserved.

Share this @internewscast.com
You May Also Like
Woman reported missing in New Haven last year arrested for bank fraud in California

Missing New Haven Woman Resurfaces with Shocking Twist: Arrested for California Bank Fraud

A woman who vanished in New Haven last year has resurfaced in…
Asking Eric: Longtime friends leave couple out of annual vacation

Left Out of the Fun: What to Do When Friends Exclude You from Their Annual Vacation

Dear Eric, For several years now, our family has enjoyed the tradition…
Trump Breaks Own Record with Longest State of the Union Speech Ever

Trump Sets New Benchmark with Lengthiest State of the Union Address to Date

WASHINGTON — President Donald Trump set a new benchmark with his State…
Iranian diplomats believed to have arrived in Geneva for indirect US nuclear talks

Iranian Diplomats Reportedly Arrive in Geneva for Indirect Nuclear Negotiations with the US

A convoy, thought to be carrying Iranian diplomats, arrived at the Omani…
DOJ sought to 'brief' Biden on Mar-a-Lago raid before search -- didn't 'give a damn about the optics'

DOJ Prioritized Justice Over Optics: Sought to Inform Biden on Mar-a-Lago Raid Plans Pre-Search

In a revealing twist, recently unearthed emails suggest that the Department of…
Rock & Roll Hall of Fame unveils "diverse list" of 2026 nominees

2026 Rock & Roll Hall of Fame Nominees Highlight Exciting Diversity

The Rock & Roll Hall of Fame has announced its latest batch…
Chicago Bears news: Illinois lawmakers file amended bill, Indiana House approves bill to invest $1B into Hammond NFL stadium

Illinois Lawmakers Revise Bill as Indiana Greenlights $1B Investment for Hammond NFL Stadium

CHICAGO (WLS) — Significant progress unfolded late Wednesday concerning the Chicago Bears’…
Sean "Diddy" Combs may testify at Tupac Shakur's murder trial

Sean ‘Diddy’ Combs Set to Testify in High-Profile Tupac Shakur Murder Trial: A Pivotal Moment in Hip-Hop History

LAS VEGAS – The impending murder trial concerning rap legend Tupac Shakur…
Cuba says it killed 4 people aboard Florida-registered speedboat that opened fire on soldiers

Cuban Authorities Report Fatal Incident Involving Florida-Registered Speedboat and Military Personnel

HAVANA (AP) — On Wednesday, Cuba’s government reported that its military forces…
Today in History: February 26, Trayvon Martin shot to death

Remembering Trayvon Martin: Reflecting on the Impact of February 26, 2012, Tragedy

Today marks Thursday, February 26, 2026—day 57 of the year, leaving 308…
NJ Gov Mikie Sherrill booed at Devils game honoring Jack Hughes Olympic gold medal

NJ Governor Mikie Sherrill Faces Boos During Jack Hughes Olympic Gold Medal Ceremony at Devils Game

Governor Mikie Sherrill of New Jersey found herself in the midst of…
'Scream 7' premiere crashed by angry pro-Palestine protesters at Paramount Studios two years after Melissa Barrera was fired

Pro-Palestine Demonstrators Disrupt ‘Scream 7’ Premiere at Paramount Studios, Marking Two Years Since Melissa Barrera’s Departure

On Wednesday, Paramount Studios turned the spotlight on their latest horror film,…