Ediberto Diaz

Case #: 19PB2960
Police badge #: 10299
Download original case files
- 19PB2960_Charges.pdf

Recommendation Termination
Decision Termination
Length of process 8 months July 25, 2019 to March 19, 2020 Closed

Investigative Agency Not Specified

Charged with violating 5 rules on 11 counts


Rule 1	1 count	Violation of any law or ordinance. Count 1 On or about April 17, 2015, at approximately 10:55 p.m. in the vicinity of 1210 N. 23rd Avenue, Melrose Park, Illinois, while off-duty, Officer Diaz drove a vehicle while under the influence of alcohol and/or drove a vehicle while intoxicated.
Rule 2	5 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 On or about April 18, 2015, at approximately 3 :4 7 a.m. in the vicinity of 1 N. 19th Avenue, Melrose Park, Illinois (Melrose Park Police Department), while off-duty, Officer Diaz was intoxicated and/or had a Blood Alcohol Concentration reading of approximately .185. Count 2 On or about April 17, 2015, at approximately 10:55 p.m. in the vicinity of 1210 N. 23rd Avenue, Melrose Park, Illinois, while off-duty, Officer Diaz possessed a firearm while knowing there was a likelihood that he would consume alcoholic beverages, and/or possessed a firearm while consuming alcoholic beverages. Count 3 On or about April 17, 2015, at approximately 10:55 p.m. in the vicinity of 1210 N. 23rd Avenue, Melrose Park, Illinois, while off-duty and under the influence of alcohol, Officer Diaz discharged his service weapon one or more times into a vehicle. Count 4 On or about April 17, 2015, at approximately 10:55 p.m. in the vicinity of 1210 N. 23rd Avenue, Melrose Park, Illinois, while off-duty, Officer Diaz failed to properly secure his service weapon (a Springfield Arms XDM 9 mm semi-automatic handgun), when he removed the service weapon from his person, placed it in a vehicle in a garage, and left the garage without retrieving his service weapon. Count 5 On or about April 17, 2015, at approximately 10:55 p.m. in the vicinity of 1210 N. 23rd Avenue, Melrose Park, Illinois, while off-duty, Officer Diaz drove a vehicle while under the influence of alcohol and/or drove a vehicle while intoxicated.
Rule 6	2 counts	Disobedience of an order or directive, whether written or oral. Count 1 On or about April 17, 2015, at approximately 10:55 p.m. in the vicinity of 1210 N. 23rd Avenue, Melrose Park, Illinois, while off-duty, Officer Diaz possessed a firearm while knowing there was a likelihood that he would consume alcoholic beverages, and/or possessed a firearm while consuming alcoholic beverages. Count 2 On or about April 17, 2015, at approximately 10:55 p.m. in the vicinity of 1210 N. 23rd Avenue, Melrose Park, Illinois, while off-duty, Officer Diaz failed to properly secure his service weapon (a Springfield Arms XDM 9 mm semi-automatic handgun), when he removed the service weapon from his person, placed it in a vehicle in a garage, and left the garage without retrieving his service weapon.
Rule 15	2 counts	Intoxication on or off duty. Count 1 On or about April 18, 2015, at approximately 3 :4 7 a.m. in the vicinity of 1 N. 19th Avenue, Melrose Park, Illinois (Melrose Park Police Department), while off-duty, Officer Diaz was intoxicated and/or had a Blood Alcohol Concentration reading of approximately .185. Count 2 On or about April 17, 2015, at approximately 10:55 p.m. in the vicinity of 1210 N. 23rd Avenue, Melrose Park, Illinois, while off-duty, Officer Diaz drove a vehicle while under the influence of alcohol and/or drove a vehicle while intoxicated.
Rule 38	1 count	Unlawful or unnecessary use or display of a weapon. Count 1 On or about April 17, 2015, at approximately 10:55 p.m. in the vicinity of 1210 N. 23rd Avenue, Melrose Park, Illinois, while off-duty and under the influence of alcohol, Officer Diaz discharged his service weapon one or more times into a vehicle.

Board Member Votes & Decisions

Majority Decision

7 agreed

Agreed with the final decision of the board

0 disagreed

Disagreed with the final decision of the board

0 did not vote

Did not vote or were not present for voting

The Board finds the Respondent guilty of violating Rule 1, Rule 2, Rule 6, Rule 15, and Rule 38, as set forth in paragraph nos. 5–9 above. As a result of the foregoing, the Board, hereby determines that cause exists for discharging the Respondent from his position as a police officer with the Department of Police and from the services of the City of Chicago. Respondent Police Officer Ediberto Diaz, Star No. 10299, as a result of having been found guilty of all charges in Police Board Case No. 19 PB 2960, be and hereby is discharged from his position as a police officer with the Department of Police and from the services of the City of Chicago. This disciplinary action is adopted and entered by a majority of the members of the Police Board.