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

JOLIET, IL ? After a long investigation by the office of Will County State's Attorney Jim Glasgow, a grand jury decided not to indict Will County Sheriff's Lt. John Allen in the May 2022 death of Gregory Walker, a Crest Hill man who was coming out of a bank in Romeoville after surrendering to the police.

"The Grand Jurors were provided a legal memorandum prepared by the Will County State's Attorney's Office discussing the role of the Grand Jury, the role of the State's Attorney, the legal definitions of 'recklessness,' 'negligence,' and 'intentional act,'" before prosecutors were summoned back to speak to grand jurors, according to court filings.

"It was at this time the Will County State's Attorney's Office was advised by the Grand Jury the actions of the sniper involved in the shooting of Gregory Walker were negligent as the gun was discharged," Monday's court filing from the Will County State's Attorney Office pointed out, regarding the grand jury's examination of the evidence on Jan. 16.

Will County prosecutor Pete Wilkes noted in his filing on Monday that, "In the present case, the Special Grand Jury unanimously determined the evidence presented to them did not constitute probable cause that (Allen) committed a criminal offense. Accordingly, the State's Attorney cannot present a Bill of Indictment for the shooting death of Gregory Walker."

Walker Family Lawsuit Still Pending

Meanwhile, a civil wrongful death case was filed in Chicago's federal court system in early 2023 by Walker's family.

Last year, Walker family attorney Ian Barney filed his updated federal lawsuit complaint against Allen and Sheriff Mike Kelley surrounding the May 10, 2022, shooting. The 65-year-old Crest Hill man was surrendering peacefully at the Fifth Third Bank in Romeoville after officials said he had taken hostages at the bank ? with his hands raised high into the air and no weapon ? when the sheriff's sniper killed him, according to the updated lawsuit.

At the time, police said Walker had also fired a gun inside the bank but did not injure anyone and released the hostages after negotiations with Romeoville police.

"At the time he approached the exit, Mr. Walker was not in possession of a firearm or any other weapon or device that could have caused harm to others," Barney's lawsuit noted. "At the time he approached the exit, Mr. Walker posed no threat to any individual. At the time he approached the exit, Mr. Walker?s hands were raised in the air, demonstrating that he was not in possession of any weapon."

In 2024, Joliet Patch reported that the federal lawsuit filed against the Will County Sheriff's Office and Lt. Allen noted that Walker was a customer at the Fifth Third Bank in Romeoville. According to the suit, "while in the bank branch, Mr. Walker was upset and made certain complaints of the bank. Mr. Walker was initially armed with a firearm. At no point did Mr. Walker harm another person or threaten to harm another person."

Police from Romeoville and Will County Sheriff's Department responded to the Weber Road bank, including a crisis negotiator from Romeoville's police force; Lt. Allen also responded as one of several Will County Sheriff's SWAT snipers deployed around the Romeoville bank and, according to the lawsuit, Allen "took up a position in proximity to the bank which allowed him to see the front door to the bank."

Meanwhile, Romeoville Police Department's crisis negotiator talked with Walker while Walker remained in the bank; "after speaking with the negotiator, Mr. Walker allowed everyone inside the bank to leave the bank and agreed to peaceably exit the bank branch and surrender to police," Barney's lawsuit informed the federal judge.

"Mr. Walker then put down the firearm he previously possessed while inside the bank. After putting down the firearm, and in compliance with orders issued by police officers, Mr. Walker put his hands up and approached the main front exit of the bank."

The updated lawsuit in U.S. District Court suggests that Allen, who was a SWAT team sniper, recklessly discharged his gun or accidentally discharged his gun, resulting in the death Walker's death.

"Lieutenant Allen?s conduct was undertaken within the scope of his employment such that his employer, Defendant Mike Kelley, in his official capacity as Sheriff of Will County, Illinois, is liable for his actions," Barney's lawsuit reads.

The lawsuit was filed in February 2023 on behalf of Brenda Nash-Milton, a Florida resident and Walker's sister.

Related Patch coverage of John Allen:

• Did Will County Sniper Accidentally Kill Surrendering Man At Bank?: Lawsuit
• Charges For Sheriff's Sniper In Romeoville Bank Surrender Shooting?
• Glasgow: No Decision On Charges In Sheriff's Deadly Shooting At Bank
• Will Co. Sheriff's Sniper Killed Man, 65, Who Surrendered: Lawsuit