| Rule 1 |
5 counts
|
Violation of any law or ordinance.
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Count 1
Not Guilty
The Superintendent did not prove by a preponderance of the evidence that on or
about March 24, 2006, while patronizing Taco Burrito King, located at 5509 North Harlem
Avenue, Chicago, Police Officer Daniel McNamara punched and/or kicked Obed DeLeon
about the head and/or body, thereby impeding the Department's efforts to achieve its policy
and goals and/or bringing discredit upon the Department.
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Count 2
Not Guilty
On or about March 24, 2006, while patronizing Taco Burrito King, located at 5509
North Harlem Avenue, Chicago, Police Officer Daniel McNamara failed to take proper police
action when he failed to identify himself as an off-duty Chicago police officer to responding
officers, and/or he failed to inform the responding officers of the physical actions he took
against Obed DeLeon, and/or he left the premises without reporting his involvement in the
physical altercation involving Obed DeLeon, thereby impeding the Department's efforts to
achieve its policy and goals and/or bringing discredit upon the Department.
-
Count 3
Not Guilty
The Superintendent did not prove by a preponderance of the evidence that on or
about March 24, 2006, white patronizing Taco Burrito King, located at 5509 North Harlem
Avenue, Chicago, Police Officer Daniel McNamara failed to take proper police action when
he failed to stop Police Officer Jason Orsa and Police Officer Brian Murphy from kicking
and/or punching Obed DeLeon about the head and/or body, thereby impeding the
Department's efforts to achieve its policy and goals and/or bringing discredit upon the
Department.
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Count 4
Not Guilty
On or about March 24, 2006, Police Officer Daniel McNamara failed to report to
a supervisory member or to the Department his involvement in the altercation involving Obed
DeLeon at the Taco Burrito King, located at 5509 North Harlem Avenue, Chicago, and/or he
failed to report Police Officer Jason Orsa's involvement in the altercation involving Obed
DeLeon, and/or he failed to report Police Officer Brian Murphy's involvement in the altercation involving Obed DeLeon, thereby impeding the Department's efforts to achieve its
policy and goals and/or bringing discredit upon the Department.
-
Count 5
Not Guilty
On or about March 24, 2006, Police Officer Daniel McNamara disobeyed
an order or directive, whether written or oral, in that he observed misconduct of other officers
and failed to immediately notify a supervisor and prepare a written report to the commanding
officer, thereby impeding the Department's efforts to achieve its policy and goals and/or
bringing discredit upon theDepartment.
|
| Rule 6 |
2 counts
|
Disobedience of an order or directive, whether written or oral.
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Count 1
Not Guilty
On or about March 24, 2006, Police Officer Daniel McNamara disobeyed an order
or directive, whether written or oral, in that he failed to complete and/or submit a Tactical
Response Report, in violation of General Order 02-08-05, Section III-A.
-
Count 2
Not Guilty
On or about March 24, 2006, Police Officer Daniel McNamara disobeyed an order
or directive, whether written or oral, in that he observed misconduct of other officers and
failed to immediately notify a supervisor and prepare a written report to the commanding
officer, in violation of General Order 93-03-02B, Section II-B.
|
| Rule 8 |
1 count
|
Disrespect to or maltreatment of any person, while on or off duty.
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Count 1
Not Guilty
The Superintendent did not prove by a preponderance of the evidence that on or about March
24, 2006, at the Taco Burrito King, located at 5509 North Harlem Avenue, Chicago, while
off duty, Police Officer Daniel McNamara punched and/or kicked Obed DeLeon about the
head and/or body, thereby disrespecting and/or maltreating any person, while on or off duty.
|
| Rule 10 |
2 counts
|
-
Count 1
Not Guilty
On or about March 24, 2006, at the Taco Burrito King, located at 5509 North
Harlem Avenue, Chicago, while off duty, Police Officer Daniel McNamara failed to take
proper police action when he failed to identify himself as an off-duty Chicago police officer
to responding officers, and/or he failed to inform the responding officers of the physical actions he took against Obed DeLeon, and/or he left the premises without reporting his
involvement in the physical altercation involving Obed DeLeon, thereby being inattentive to
duty.
-
Count 2
Not Guilty
The Superintendent did not prove by a preponderance of the evidence that on or
about March 24, 2006, at the Taco Burrito King, located at 5509 North Harlem Avenue,
Chicago, while off duty, Police Officer Daniel McNamara failed to take proper police action
when he failed to stop Police Officer Jason Orsa and Police Officer Brian Murphy from
beating and/or kicking and/or punching Obed DeLeon about the head and/or body, thereby
being inattentive to duty.
|
| Rule 14 |
3 counts
|
Making a false report, written or oral.
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Count 1
Not Guilty
The Superintendent did not prove by a preponderance of the evidence that on or
about August 15, 2007, in the Office of Professional Standards (now known as the
Independent Police Review Authority), and/or on or about May 19, 2009, in the office of the
Independent Police Review Authority, located at or near 10 West 35 th Street, Suite 1300,
Chicago, Police Officer Daniel McNamara falsely stated that he did not kick and/or punch
Obed DeLeon about the head and/or body, and/or falsely stated that his involvement in the
altercation ended after "he pulled [Obed DeLeon] away from continuing his attack on the
group of people," or words to that effect, and/or falsely stated that he did not use any other
force against Obed DeLeon, or words to that effect, thereby making a false report, written or
oral.
-
Count 2
Not Guilty
The Superintendent did not prove by a preponderance of the evidence that on or
about August 15, 2007, in the Office of Professional Standards (now known as the
Independent Police Review Authority), and/or on or about May 19, 2009, in the office of the
Independent Police Review Authority, located at or near 10 West 35 th Street, Suite 1300,
Chicago, Police Officer Daniel McNamara falsely stated that he did not kick and/or punch
Obed DeLeon about the head and/or body, and/or falsely stated that his involvement in the
altercation ended after "he pulled [Obed DeLeon] away from continuing his attack on the
group of people," or words to that effect, and/or falsely stated that he did not use any other
force against Obed DeLeon, or words to that effect, thereby making a false report, written or
oral.
-
Count 3
Not Guilty
On or about August 15, 2007, in the Office of Professional Standards (now known
as the Independent Police Review Authority), and/or on or about May 19, 2009, in the office
of the Independent Police Review Authority, located at or near 10 West 3.5 th Street, Suite
1300, Chicago, Police Officer Daniel McNamara falsely stated that he did not know how
Obed DeLeon got on the ground, or words to that effect, and/or Officer McNamara falsely
stated that Obed DeLeon tripped and fell to the ground, or words to that effect, and/or Officer
McNamara falsely stated that he did not have the opportunity and/or the time to speak to
responding officers at the scene, or words to that effect, thereby making a false report, written
or oral. .
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| Rule 22 |
1 count
|
Failure to report to the Department any violation of Rules and Regulations or any other improper conduct which is contrary to the policy, orders or directives of the Department.
-
Count 1
Not Guilty
On or about March 24, 2006, at the Taco Burrito King, located at 5509 North Harlem
Avenue, Chicago, while off duty, Police Officer Daniel McNamara failed to report to a
supervisory member or to the Department his involvement in the altercation involving Obed
DeLeon, and/or he failed to report Police Officer Brian Murphy's involvement in the
altercation involving Obed DeLeon, and/or he failed to report Police Officer Jason Orsa's
involvement in the altercation with Obed DeLeon.
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From the Chicago Justice Project, dedicated to bringing transparency to Chicago's justice system.
