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Oswego Police Justified in August Shooting: Weis

Oct 29, 2015 05:16PM ● By Steven Jack

Taylor Cano is being held on $1 million bail.

An investigation by Kendall County State's Attorney Eric Weis into the Aug. 29 shooting of an Oswego man shot by Oswego Police has found the officers were justified in their actions, and no criminal charges will be filed against them.

According to a letter issued Wednesday by Weis, his investigation is based on an Illinois State Police investigation, witness and police statements and the statements of the suspect in the case — Taylor Cano. Weis said the officers' actions were "reasonable" and "appropriate" after Cano, 24, allegedly fired at the officers shortly after midnight Aug. 29.

"The officers were justified in the use of deadly force based upon a reasonable belief that it was necessary to prevent imminent death or great bodily harm to themselves, other officers at the scene, or other individuals," Weis said. 

Cano had called 911 several times around midnight saying he was going to shoot everyone at a party taking place down the street from where he was staying in the 100 block of Ashlawn Avenue, police have said.

Cano also had told 911 dispatchers he believed a motorcycle gang had surrounded his home, and he felt as if he were going to die that evening. He allegedly told police he planned on "drawing headlines" to his murder by shooting people at the nearby party. 

When they arrived, officers found Cano walking toward the party. When stopped by police, he turned toward them and fired one shot, police said.  Officers then returned fire, hitting him in the torso. 

Police said they believe Cano would have shot several people at the party if he had not been stopped. Police also said they could find no evidence that anyone at the party had been in contact with Cano that evening.

Cano spent three weeks in the hospital, and was charged in September with two counts of attempted first-degree murder, aggravated discharge of a firearm, aggravated unlawful use of a weapon and unlawful possession of a weapon by a felon. He is being held on $1 million bail. 

Following the incident and per Oswego Police protocol, the officers were put on administrative duty pending the outcome of the State Police investigation. Chief Jeff Burgner said this week the officers have returned to patrol duty.

"They are back on patrol and out in the field now," Burgner said. "They were anxiously awaiting the outcome of the investigation, and are happy to return to their regular duties."

While the state may have concluded its investigation into the officers' actions, Burgner said the department will continue to analyze the incident to determine if anything could have been done differently. 

"At this point based on what I've heard and read, I don't see anything that needs to be addressed immediately regarding our procedures," he said. "If anything, I think this just proves to us how important all the training that we go through really is."