Daniel J. Smith

Case #: 17PB2926
Police badge #: 13941
Download original case files
- 17PB2926_Decision.pdf

Recommendation Termination
Decision Return to duty
Length of process 29 days January 19, 2017 to February 17, 2017 Closed

Investigative Agency Not Specified

Charged with violating 4 rules on 8 counts


Rule 2	2 counts	Any action or conduct which impedes the Department's efforts to achieve its policy and goals or brings discredit upon the Department. Count 1 Not Guilty On or about March 19, 2013, at approximately 2150 hours, at or around 1905 West 171st Street in East Hazel Crest, Illinois, Officer Smith used deadly force without justification in that he fired one and/or more shots at Ryan G. Rogers hitting him in the back with one shot when such force was not necessary and could not reasonably be believed to be necessary to prevent death or bodily harm or unreasonable endangerment to Officer Smith or another person and when such force was not necessary and could not reasonably be believed necessary to prevent an arrest as described in General Order 03-02-03(A)(2), thereby engaging in action or conduct which impedes the Department’s efforts to achieve its policy and goals or brings discredit upon the Department Count 2 Not Guilty On or about March 19, 2013, at approximately 2150 hours, at or around 1905 West 171st Street in East Hazel Crest, Illinois, Officer Smith fired at or into a moving vehicle without authorization in that he fired one and/or more shots at or into a moving vehicle driven by Ryan G. Rogers when the moving vehicle was the only force used against Officer Smith and when firing at or into the vehicle was not necessary to prevent death or great bodily harm or unreasonable endangerment to Officer Smith or another person, thereby engaging in action or conduct which impedes the Department’s efforts to achieve its policy and goals or brings discredit upon the Department.
Rule 3	2 counts	Any failure to promote the Department's efforts to implement its policy or accomplish its goals. Count 1 Not Guilty On or about March 19, 2013, at approximately 2150 hours, at or around 1905 West 171st Street in East Hazel Crest, Illinois, Officer Smith used deadly force without justification in that he fired one and/or more shots at Ryan G. Rogers hitting him in the back with one shot when such force was not necessary and could not reasonably be believed to be necessary to prevent death or bodily harm or unreasonable endangerment to Officer Smith or another person and when such force was not necessary and could not reasonably be believed necessary to prevent an arrest as described in General Order 03-02-03(A)(2), thereby failing to promote the Department’s efforts to implement its policy or accomplish its goals. Count 2 Not Guilty On or about March 19, 2013, at approximately 2150 hours, at or around 1905 West 171st Street in East Hazel Crest, Illinois, Officer Smith fired at or into a moving vehicle without authorization in that he fired one and/or more shots at a moving vehicle driven by Ryan G. Rogers when the moving vehicle was the only force used against Officer Smith and when firing at or into the vehicle was not necessary to prevent death or great bodily harm or unreasonable endangerment to Officer Smith or another person, thereby failing to promote the Department’s efforts to implement its policy or accomplish its goals.
Rule 6	2 counts	Disobedience of an order or directive, whether written or oral. Count 1 Not Guilty On or about March 19, 2013, at approximately 2150 hours, at or around 1905 West 171st Street in East Hazel Crest, Illinois, Officer Smith used deadly force without justification in violation of General Order 03-02-03 in that he fired one and/or more shots at Ryan G. Rogers hitting him in the back with one shot when such force was not necessary and could not reasonably be believed to be necessary to prevent death or bodily harm or unreasonable endangerment to Officer Smith or another person and when such force was not necessary and could not reasonably be believed necessary to prevent an arrest as described in General Order 03-02-03(A)(2). Count 2 Not Guilty On or about March 19, 2013, at approximately 2150 hours, at or around 1905 West 171st Street in East Hazel Crest, Illinois, Officer Smith fired at or into a moving vehicle without authorization in violation of General Order 03-02-03 in that he fired one and/or more shots at or into a moving vehicle driven by Ryan G. Rogers when the moving vehicle was the only force used against Officer Smith and when firing at or into the vehicle was not necessary to prevent death or great bodily harm or unreasonable endangerment to Officer Smith or another person.
Rule 38	2 counts	Unlawful or unnecessary use or display of a weapon. Count 1 Not Guilty On or about March 19, 2013, at approximately 2150 hours, at or around 1905 West 171st Street in East Hazel Crest, Illinois, Officer Smith unlawfully and/or unnecessarily used a weapon in that he fired one and/or more shots at Ryan G. Rogers hitting him in the back with one shot when such force was not necessary and could not reasonably be believed to be necessary to prevent death or bodily harm or unreasonable endangerment to Officer Smith or another person and when such force was not necessary and could not reasonably be believed necessary to prevent an arrest as described in General Order 03-02-03(A)(2). Count 2 Not Guilty On or about March 19, 2013, at approximately 2150 hours, at or around 1905 West 171st Street in East Hazel Crest, Illinois, Officer Smith unlawfully and/or unnecessarily used a weapon in that he fired one and/or more shots at or into a moving vehicle driven by Ryan G. Rogers when the moving vehicle was the only force used against Officer Smith and firing at or into the vehicle was not necessary to prevent death or great bodily harm or unreasonable endangerment to Officer Smith or another person.

Board Member Votes & Decisions

Majority Decision

3 agreed

Agreed with the final decision of the board

2 disagreed

Disagreed with the final decision of the board

0 did not vote

Did not vote or were not present for voting

The Police Board of the City of Chicago, having read and reviewed the record of proceedings in this case, having viewed the video-recording of the testimony of the witnesses, having received the oral report of the Hearing Officer,and having conferred with theHearing Officer on the credibility of the witnesses and the evidence, hereby adopts the findings set forth herein by the following votes:By votes of 3in favor (Steve Flores, John P. O’Malley Jr., and John H. Simpson) to 2 opposed (Lori E. Lightfoot and Michael Eaddy), the Board finds the Respondent not guiltyof violating Rule 2, Rule 3, Rule 6, and Rule 38. NOW THEREFORE, IT IS HEREBY ORDERED that the Respondent,Police Officer Daniel J. Smith, Star No. 13941, as a result of having been found not guilty of all charges in Police Board Case No. 17 PB 2926, be and hereby is restored to his position as a police officer with the Department of Police, and to the services of the City of Chicago, with all rights and benefits, effective February 17, 2017.This disciplinary action is adopted and entered by a majority of the members of the Police Board who participated in the case: Steve Flores, John P. O’Malley Jr., and John H. Simpson.Board Members Eva-Dina Delgado, Ghian Foreman, and Rhoda D. Sweeney recused themselves from this case pursuant to §2-57-060(c) of the Municipal Code of Chicago.DATED AT CHICAGO, COUNTY OF COOK, STATE OF ILLINOIS, THIS 16th DAY OF NOVEMBER, 2017.