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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.
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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.
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