His White Skin Was His Authority: Off-Duty Chicago Cop Fatally Shot Joshua Beal After He Put His Gun Away - Suit Filed

911 callers reported a man with a gun: 

Caller: "He is a white Caucasian male, probably mid-30s, oh my god"

911 Operator: "Ma'am?"

Caller: "He's shooting!" [MORE] and [MORE]

From [HERE] and [HERE] The fiancé of a 25-year-old Black man shot to death by an off-duty white Chicago Police officer last fall has filed a lawsuit against the department and the officer, saying that she wants to set the record straight on what happened that day.

The incident, which occurred on Nov. 5 last year, sparked outrage and protests after an off-duty white officer in plain clothes with no badge shot and killed Joshua Beal. The lawsuit, filed by Beal’s fiancé Ashley Phifer, alleges that the officer failed to properly identify himself as a police officer during a confrontation with Beal. Although the complaint acknowledges that Beal had drawn his own gun, he had already put his weapon away when he was shot 18 times.

The lawsuit maintains that the individual officers, both off duty at the time of the shooting “were acting within the scope of their employment” when they allegedly shot Beal. Derouin was in uniform and on his way to work when he came upon the altercation; Treacy was not in uniform.

“An off-duty officer wearing a red t-shirt like a crazy man came out of a car,” Phifer’s attorney Blake Horwitz said. “No one had any weapons. This officer started pointing his gun at a group of African-Americans and they fled.”  Horwitz says that the 25-year-old was acting within his rights as a legal gun owner because he felt threatened by the white man's actions.

The 25-year-old man was killed on Nov. 5, 2016, near a Chicago fire station at 111th and Troy streets in the city's Mount Greenwood neighborhood.

Police said an off-duty [white] firefighter got into an argument with people who were driving by the station as part of a funeral procession. The off duty firefighter said they were blocking a fire lane and apparently wanted them to move their cars out of the funeral procession. 

According to police a fight ensued, and a police sergeant on his way to work at the Morgan Park District took notice of the brawl that had moved into the street. Police said the sergeant got out of his car, took out his gun and identified himself as a police officer. But the "incident continued to escalate."

Beal and his family were in the area attending the family funeral. After the funeral, Beal and Phifer went to visit a sick relative in the hospital. When Beal and his fiance were on their way to the hospital near Troy and 111th Street, the lawsuit states that Officer Treacy “exited a vehicle that he was traveling in and drew his weapon.”

Treacy is said to have pointed his gun at “many African-American individuals,” described in the complaint as unarmed civilians. The complaint claims that none of the persons present had pulled out any guns while thje white cop was pointing his gun at them. Apparently, pulling his gun out and pointing it at people was teh way he chose to stop a fight [s] that was going on. When the off-duty officer pointed his weapon at the funeral party, “he did so aggressively, shouting obscenities.”

The complaint further states that prior to Treacy taking out his gun he was “not reasonably in fear of the life of another.” Treacy pointed his gun at “multiple African-American citizens,” yelling “get the [expletive] back” on “multiple occasions,” the complaint said.

In fear of his safety Beal pulled his own gun out, which he allegedly was carrying lawfully. The complaint describes Beal as being in “fear for his life and the lives of others,” as Treacy continued to “aggressively” shout obscenities.

The funeral attendees, who claimed they saw Treacy yelling and screaming, did not know that he was a police officer. Witnesses said Treacy only announced his office once, but it was a “short and brief comment few individuals heard and not by Joshua Beal.”

Beal had already put his gun away when he was shot several times by Treacy and Derouin, the complaint stated. Beal was pronounced dead at Advocate Christ Medical Center, despite the life-saving efforts of a bystander, who attempted to give Beal CPR before paramedics arrived. The complaint further states that multiple witnesses called 911 when they saw Treacy drawing his gun.

According to the documents released by the Independent Police Review Authority, the sergeant fired his weapon seven times. The other police officer on the scene fired 11 times. Beal was 10-15 feet away from the officers when he was shot in the abdomen, back, chest, groin, shoulder and thigh. He also had graze wounds on his forearm and head, the reports state. [MORE]

Police reports publicly identified the officers who fired at Beal, who died of multiple gunshot wounds. Sgt. Thomas Derouin, a 14-year veteran, reported firing his 9 mm pistol seven times, while Joseph Treacy, a 10-year veteran, reported shooting his 9 mm handgun 11 times.

The lawsuit, which claims that the officers used excessive force and their actions were "severe and outrageous," named the city of Chicago, Treacy and an unnamed second officer as defendants.

"The actions of Officer Treacy and unknown officer created a chain of events which gave rise to an excessive and unreasonable use of force and ultimate battery upon Joshua Beal," according to the suit.

The city’s law department did not have comment on the lawsuit when contacted by NBC 5. Phifer is seeking an excess of $50,000 in damages.