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

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.

You May Also Like
American couple chasing retirement dream in Bahamas boating mystery were 'inexperienced': Friend

Fox News True Crime Newsletter: New Developments in Lynette Hooker Case, Controversy Over Alex Murdaugh Clerk, and Unveiling the Fake Tom Selleck Scam

MISSING AMERICAN IN THE BAHAMAS:  A recent picture captures Lynette Hooker and…
Eight riders left dangling atop 100-foot roller coaster for over three hours at Texas amusement park

Thrilling Rescue: Roller Coaster Riders Stranded 100 Feet High for Hours at Texas Park

In a dramatic turn of events at a Texas amusement park, eight…
Sheridan Gorman’s alleged illegal immigrant killer caught with weapon while in jail custody, police say

Breaking: Alleged Killer of Sheridan Gorman Found with Weapon in Jail—Police Reveal Shocking Details

An individual from Venezuela, facing charges in the March murder of Loyola…
Booker: Iran's Leader Had Fatwa Against Nukes Until Trump Blew Things Up, They Still Have Enriched Uranium

How Trump’s Actions Dismantled Iran’s Nuclear Stance: The Untold Story of Enriched Uranium and Fatwas

During a recent segment on CNN’s “Situation Room,” Senator Cory Booker from…
‘Designated target’ Mojtaba Khamenei to sign Trump deal in ‘unprecedented’ courier setup

Breaking: Secret Courier Mission Set to Seal Trump Deal with ‘Designated Target’ Mojtaba Khamenei

Experts in counterterrorism have indicated that any ultimate agreement between Iran and…
Trump in excellent health after physical at Walter Reed, White House doctor memo

Trump Declared in Peak Health Following Walter Reed Physical, Reveals White House Memo

President Trump is reportedly in “excellent health” and fully capable of executing…
Horrifying details emerge after Napa Valley mom survives execution-style shooting — as suspect tied to separate slaying

Shocking Revelations: Napa Valley Mom Survives Point-Blank Shooting, Suspect Linked to Another Murder

A courageous mother from Napa Valley is fighting for her life after…
Virginia bus crash that killed 5 involved non-English speaking driver who got license in NY, says Sean Duffy

Virginia Bus Tragedy Involving Non-English Speaking Driver Licensed in NY Claims 5 Lives, Reports Sean Duffy

The bus driver involved in a tragic accident in Virginia that resulted…
FBI and Texas authorities arrest 276 suspected child predators, rescue 89 children in sweeping operation

Massive Child Predator Bust: FBI and Texas Authorities Rescue 89 Children and Arrest 276 Suspects

A collaborative effort between the FBI and Texas law enforcement agencies has…
LA 'Peace Ambassador' known as 'Diablo' arrested with military-grade body armor after city paid convicted gang killer $58K

LA’s Controversial ‘Peace Ambassador’ Arrested with Military Armor Amid $58K City Payment Scandal

Federal agents recently apprehended a Los Angeles “Peace Ambassador” known as “Diablo”…
US judge temporarily blocks Trump's $1.8 billion 'weaponization' fund

Judge Puts Temporary Hold on Trump’s $1.8 Billion Fund Over ‘Weaponization’ Concerns

WASHINGTON — On Friday, a U.S. judge intervened to halt the Trump…
National Geographic's 'Time and Water' is a love letter to Iceland's melting glaciers

Discover Iceland’s Melting Glaciers in National Geographic’s ‘Time and Water’ Tribute

Acclaimed director Sara Dosa, who received an Academy Award nomination, has partnered…