The DuPage County State’s Attorney’s Office has ruled that an Elmhurst police officer was justified in shooting a man who allegedly drove at him during a traffic stop in February.
An investigation determined that Officer Alexander Kefaloukos was “completely justified in his actions and that no criminal charges will be filed” against him in connection with the Feb. 27 shooting of 33-year-old Byron Auterberry, State’s Attorney Robert Berlin said in a statement.
About 4:45 p.m., officers stopped a vehicle near the intersection of York Street and Crestview Avenue, according to a statement from Elmhurst Police Chief Michael Ruth.
During the stop, Kefaloukos was walking up to the vehicle from the front when Auterberry hit the gas, according to prosecutors and police. Kefaloukos fired shots into the vehicle, striking Auterberry in the left forearm and right thigh.
Auterberry’s vehicle crashed into another vehicle as he drove away, police and prosecutors said. The officers involved in the incident were not injured.
“Given the violent actions of Mr. Auterberry, his refusal to obey repeated police commands along with his actions of accelerating quickly in the direction of Officer Kefaloukos, Officer Kefaloukos acted lawfully and was justified in discharging his weapon in order to prevent imminent death or great bodily harm to himself or others,” Berlin said in the statement.
The vehicle was later found in the 1000 block of North Parkside in Chicago’s Austin neighborhood on the West Side, according to Ruth and Chicago Police. Auterberry was taken into custody Feb. 28 at a relative’s home in Chicago.
Auterberry, 33, was charged with two counts of aggravated assault and one count of aggravated fleeing or attempting to elude a peace officer, prosecutors said.
His bail was set at $100,000 and he remained in custody Monday, according to the DuPage County Sheriff’s Office. His next court date was scheduled for May 30.
