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
Nonprofit I Am A Gentleman gifts new clothes to those living at Chicago's Pacific Gardens Mission shelter in South Loop

Empowering Change: I Am A Gentleman Provides New Wardrobes to Pacific Gardens Mission Residents in Chicago’s South Loop

CHICAGO (WLS) — An early dose of holiday cheer arrived for over…
'Person of Interest' Identified in Brown University Shooting Investigation

Key Suspect Emerges in Brown University Shooting Case

The investigation into the recent shooting at Brown University has identified a…
Harvard scientist slams study claiming 3I/ATLAS is a comet

Harvard Scientist Critiques Study Identifying 3I/ATLAS as a Comet

Theories about the interstellar object 3I/ATLAS are causing quite a stir in…
Chicago Bears news: Northwest Indiana leaders hope to lure NFL team as it expands stadium search beyond city, Illinois suburbs

Northwest Indiana Eyes Chicago Bears as Team Explores New Stadium Locations

HAMMOND, Ind. (WLS) — The Chicago Bears have stirred up a storm…
Pete Davidson, Elsie Hewitt expecting first child together

Pete Davidson and Elsie Hewitt Celebrate Arrival of Their First Child

In July, Pete Davidson and Elsie Hewitt joyously revealed they were expecting…
'Avatar: Fire and Ash' press tour wraps with final stops in Mexico City and Toronto 

Avatar: Fire and Ash Press Tour Concludes with Spectacular Finales in Mexico City and Toronto

The “Avatar” world press tour is drawing to a close, paving the…
Vatican confirms resignation of Cardinal Timothy Dolan, announces new archbishop of New York

Vatican Confirms Cardinal Timothy Dolan’s Resignation; Announces New Archbishop for New York

The Vatican announced on Thursday the acceptance of Cardinal Timothy Dolan’s resignation…
Haitian men charged with $7 million fraud scheme in Massachusetts

Massive $7 Million Fraud Scheme in Massachusetts: Haitian Men Indicted

In a significant development out of Massachusetts, two Haitian nationals have been…
Sports reporter’s 3-year-old opened door for grandpa who then found couple dead in home: report

Tragic Discovery: How a Child’s Innocent Act Led to a Heartbreaking Family Revelation

The tragic discovery of a beloved Alabama sports reporter and her husband,…
'Just heartless': Ponte Vedra grandmother scammed out of $200K she saved for grandson with autism

Heartbreak in Ponte Vedra: Scammers Steal $200K Meant for Grandson’s Future

In a heartbreaking turn of events, an 82-year-old grandmother from Ponte Vedra…
NAS Jacksonville sailor arrested after two women killed at Clay County home

Shocking Tragedy at NAS Jacksonville: Sailor Arrested in Double Homicide Case

The Clay County Sheriff’s Office has reported the arrest of Taylor Lomax,…
US prisons battle evolving drone technology used to smuggle contraband to inmates

U.S. Prisons Confront Advancements in Drone Technology Used for Smuggling Contraband to Inmates

COLUMBIA, S.C. – The frequency of drones flying over U.S. prisons is…