A wrongful-death lawsuit against Des Plaines and a city police officer over the fatal shooting of an ax-wielding man is moving to federal court.
Scott J. MacDonald, 55, was fatally shot by police in a hallway outside his condominium on May 24, 2023.
Police went to MacDonald’s building on the 1400 block of Thacker Street after receiving a complaint of a man having a “psychotic break,” documents indicate. The mother of a friend of MacDonald’s made the call, according to the court case, and she pointed out MacDonald’s unit when officers arrived.
As officers approached the condominium, MacDonald appeared in the hall with an ax and walked toward them, according to the court case. Officers shouted at him to drop the ax and stop walking, but he refused and was shot by officer Edwin Rios, who was standing at a stairwell door, the complaint indicates.
MacDonald was pronounced dead at a hospital, authorities said at the time.
The confrontation was recorded by police body-worn video cameras. Footage was shared with the Daily Herald.
The lawsuit was filed this past May in Cook County circuit court by MacDonald’s mother as a representative of his estate. It claims Rios used excessive force and alleges the city failed to implement annual crisis intervention training that includes information about recognizing mental illness and de-escalation techniques.
Rios remains with the department.
“The Des Plaines Police Department stands behind Officer Rios, who performed his duties bravely under challenging circumstances,” Chief David Anderson said in a statement prepared for the Daily Herald. “While it is always a tragedy whenever there is a loss of life, we strongly believe that the legal process will find that Officer Rios’ actions were necessary given the threat posed by Mr. MacDonald to Officer Rios, his fellow officers, and others in the building.”
The Major Case Assistance Team’s investigation of the shooting continues, officials said.
Lawyers for the city and Rios last week formally requested the case be removed from the Cook County court docket and heard in federal court. The plaintiff doesn’t object, said her attorney, Frank Difranco.
The next court date is scheduled for Oct. 10, Difranco said.