$1.2M settlement to family of man who died in police custody is ‘hush money’ for gangs, alderman says

Heriberto Godinez, 24, died in 2015 after being arrested while burglarizing a Brighton Park garage.

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Heriberto Godinez is seen here in a Facebook photo. He died in police custody in July 2015 at the age of 24. Facebook photo

Heriberto Godinez died in police custody in July 2015 at the age of 24.

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The City Council’s Finance Committee on Wednesday authorized a settlement to the family of a man who died in police custody amid claims the $1.2 million payment amounted to “hush money” for gang members.

The second time was the charm for settling the case triggered by the July 2015 death of 24-year-old Heriberto Godinez, who died in police custody after being arrested while burglarizing a Brighton Park garage.

While the medical examiner’s office found evidence of cocaine and ethanol toxicity in Godinez’s system, “physical stress associated with restraint” was a “significant contributing factor” to his death.

First Deputy Corporation Counsel Renai Rodney told aldermen earlier this week the Godinez family’s original demand was for $7 million and the case was unwinnable because one of the officers had his foot on Godinez’s upper body for 90 seconds.

None of that was enough to persuade Ald. Ray Lopez (15th) to go along with the settlement two days after his opposition helped stall it in committee.

Lopez, who represents gang-plagued Brighton Park, Back of the Yards and parts of Englewood, cast one of four “no” votes. The others were cast by Aldermen Marty Quinn (13th), Matt O’Shea (19th) and Brendan Reilly (42nd).

“What we … just did in the hopes of saving money is told [law-abiding residents] that, when these neighborhood terrorists continue to terrorize their communities and are caught, and if anything happens, we’re willing to pay them hush money to go away. That is unacceptable. We have told these neighborhoods that, ‘You are on your own,’” Lopez said.

“It is disgusting to me as an alderman. It is disgusting to me as a member of the Brighton Park community — and more so as a [resident of] the city of Chicago that we would even consider paying a family that has so terrorized the neighborhood a single dollar — let alone $1.2 million.”

O’Shea, whose Southwest Side ward is home to scores of Chicago police officers, agreed the city should not “reward this individual’s family for his criminal life.”

“There’s definitely a component of this where lawyers know they can sue the city on these types of cases and the city is gonna want to settle,” O’Shea said.

“If this went to court [with] a sympathetic jury, there could be a significant number the city would have to pay. But I just can’t in good conscience look at this case and vote to offer a financial settlement.”

Ald. Patrick Daley Thompson (11th) said he “struggled” with the Godinez settlement. But he ultimately determined his “fiduciary responsibility” to protect beleaguered Chicago taxpayers from further risk demanded the settlement be approved.

“This isn’t hush money. The only guarantee of paying $1.2 million is that there’s no more exposure to the taxpayers of Chicago,” Daley Thompson said.

Also Wednesday, the Finance Committee signed off on Mayor Lori Lightfoot’s plan to abolish the Irving Park/Elston tax increment financing district.

Local Ald. Samantha Nugent (39th) withdrew her earlier objections after being assured the city would find the money to install ornamental metal signposts to identify the Old Irving Park neighborhood she represents.

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