Rifle Malfunction By Sheriff's Sniper May Have Caused Death: Tomczak

JOLIET ? The Will County Sheriff's Office SWAT team no longer uses the Accuracy International rifles that were brought to the Romeoville bank on Weber Road on May 10,2022, the day when Crest Hill resident Gregory Walker was fatally shot by sheriff's Lt. John Allen while peacefully surrendering.

Allen's lawyer, Joliet criminal defense lawyer Jeff Tomczak, told Joliet Patch on Monday night that his client did not intend to fatally shoot Walker as the 65-year-old man notified the huge police presence at the Fifth Third Bank that he was surrendering.

When asked if he would call Lt. Allen's shooting an accidental discharge, Tomczak responded that the better explanation is "unexplained discharge."

Police said Walker took hostages inside the bank that afternoon, and surveillance video shows that he fired several gunshots into the bank's ceiling. No one was hurt inside the bank, and none of the bank employees were harmed by Walker.

In the video released Monday by Illinois State Police, after Walker began to surrender to the Will County Sheriff's SWAT team and Romeoville police waiting outside, he entered the vestibule of the bank. He can be seen complying with the police's orders. Walker showed the police he was no longer armed with his handgun. He also knelt down and put both of his hands behind his back, and then he slowly got up and approached the exit door of the bank. When he went to open the exit door, Will County Sheriff's Lt. John Allen immediately shot Walker once in the chest with his sniper rifle, ending Walker's life.

On Monday, the Will County State's Attorney's Office announced that a three-month-long grand jury investigation determined that Allen's fatal shooting was negligent, but that it did not rise to the level of warranting criminal charges against the Will County sheriff's supervisor.

The grand jury decided not to issue a criminal indictment against Allen, who remains a defendant in a 2023 federal civil rights lawsuit filed by Chicago lawyer Ian Barney on behalf of Walker's sister, who lives in Florida.

"I agree with the grand jury's determination," Tomczak remarked. "Based on my understanding of the evidence in this case, the evidence was not there nor was the probable cause there to prove that he had a criminal mental state."

Tomczak said it's almost unheard of for people who are targets of a criminal grand jury to volunteer to testify on their own behalf, yet that is what Lt. Allen chose to do earlier month, sitting through at least seven hours of questions from Will County State's Attorneys and grand jurors themselves.

"Lt. Allen requested to appear before the grand jury being asked to explain tough questions from top Will County prosecutors and many of the grand jurors until they had no more questions to ask," Tomczak explained.

When Joliet Patch asked Tomczak if it's his belief that Lt. Allen's sniper rifle malfunctioned, causing the lone gunshot that ended Walker's life, Tomczak answered, "yes, I think it's a possibility that that could have happened."

SWAT team snipers are trained to shoot at the suspect's head, Tomczak said. In this instant, the lone gunshot from Lt. Allen's rifle struck Walker in the chest, Tomczak pointed out, arguing that was further evidence the shooting was not intentional nor criminal in nature by Lt. Allen.

In 2022, the Will County Sheriff's Office used high-powered rifles manufactured by Accuracy International, but that is no longer the case, Tomczak said. "They're in storage, and the sheriff's department has shifted away from bolt-action sniper rifles."

On Tuesday, Will County Sheriff's Chief Deputy Dan Jungles agreed with Tomczak's statement.

"They have been taken out of service since this incident," Jungles wrote Joliet Patch.

In the aftermath of the fatal shooting at the Romeoville bank, the administration of Will County Sheriff Mike Kelley also stood behind Lt. Allen. For more than two years, he remained on regular duty, serving as a night shift watch commander, according to Tomczak.

It was only in recent months, after the Will County grand jury convened, that Allen was put on paid administrative leave, according to Tomczak.

As for the deadly bank shooting in Romeoville of the surrendering hostage taker, Tomczak had this to say on Monday: "There are no winners here. Lt. Allen is one of the most remorseful clients that I have ever represented. Mr. Walker's family has lost him. Regardless of the results today, my client will have to live with this the rest of his life."

Tomczak said he cannot say with certainty the Will County's sheriff's-issued rifle malfunctioned.

The Joliet criminal defense attorney maintains that Lt. Allen was not intending to shoot Walker as the Crest Hill man tried to surrender in peace that May afternoon nearly three years ago.

"As to how this happened, I can honestly say no one has a clear answer," Tomczak explained.

Related Joliet Patch coverage:

SWAT Sniper Won't Be Charged In 2022 Bank Shooting Death