October 1 , 2019, I received the Illinois State Police investigative file regarding the officer involved shooting of Daryl Perkins which occurred on August 23, 2019 at the Rita B. Garman Vermilion County Courthouse, Danville, Vermilion County, Illinois. I have conducted a review of the events and circumstances which ultimately lead to the shooting death of Daryl Perkins. My review was to determine if Deputy Kyle Janesky's actions, which resulted in the death of Daryl Perkins, warranted criminal charges. I have reviewed all the police reports, witness statements, courthouse security video, 911 recordings, autopsy report, as well as all photographs of the scene and autopsy. After a review of all the materials provided, and in discussions with Illinois State Police investigator assigned to the investigation, I have concluded that no criminal charges are warranted in this matter.
The following is a summary of the investigation from which I based my opinion. The investigation Shows that Daryl Perkins (hereinafter Perkins) was an inmate in the custody of the Vermilion County Sheriffs Department. Perkins was transported from the Public Safety Building to the Courthouse for a court appearance in a felony case. During the time prior to his court appearance and after his court appearance Perkins was held in a holding cell on the first floor of the courthouse. Perkins while in the holding cell was not handcuffed. The width of the hallway outside the holding cells is approximately four feet and the length of the hallway is about twenty feet.
As seen on the security video in summary, at approximately 10:05 a.m. Perkins requested to use the bathroom in the holding cell area. The bathroom cell is separated from all of the holding cells, but in the same hallway. The bathroom cell has no window. The holding cells do have Daryl Perkins Officer Involved Shooting— #19-39121300020, page two
windows for inmate checks. Deputy Janesky (hereinafter Janesky) was alone in the security office just across the hallway from the holding cells. Other Deputies were at the front door and escorting other defendants to their court appearances. Janesky granted Perkins' request to use the bathroom and escorted Perkins from the holding cell to the bathroom cell and locked the door.
Just after 10:06 a.m., Janesky can hear that Perkins is done using the restroom and opens the cell door. Perkins immediately begins stabbing Janesky with several Bic pens. Janesky then fell on his back on the floor using his legs to kick Perkins and knock the pens out of Perkins' right hand. Perkins continues to fight Janesky and attempts to reach Janesky's firearm and/or taser.
Janesky's jail key and other items fall to the floor. Perkins continues to fight Janesky reaching for his firearm, while he has his full body weight on Janesky and has his left knee holding Janesky down by his neck. Janesky continues to protect his firearm and taser while also fighting off Perkins. Perkins grabs Janesky's letterman multi-tool and begins to stab Janesky in the face and neck area. Janesky continues to defend himself using his hands to avoid being stabbed and fighting for control of the multi-tool. Both Perkins and Janesky are now in a semi-standing position with Perkins having his arms wrapped around Janesky and they continue to wrestle. Perkins again reaches for Janesky's firearm and is able to remove Janesky's taser. Perkins aims the taser at Janesky while facing Janesky and attempts to pull the trigger. Janeksy then unholsters and fires his service weapon at Perkins. The entire physical struggle lasted over 70 seconds.
Deputy Jeff Bozarth (hereinafter Bozarth) was the first to arrive after shots are fired from the interior of the courthouse and notifies communications. Other Deputies, members of courthouse security, and Danville Police Officers arrive on scene. The scene is secured and Bozarth and other members of courthouse security begin chest compressions on Perkins until OSF Healthcare (a.k.a. Sacred Heart Medical Center) ambulance personal and the Danville Fire Department arrive on scene. Perkins was transported by ambulance to OSF Healthcare emergency room and was pronounced dead at 10:34 a.m. Janesky was transported to OSF Heath Care to treat his injuries. Janesky suffered stab wounds to the eye, face, and neck. Janesky also suffered defensive wounds to his hands.
It was determined that Perkins was shot four times by Janesky. Perkins suffered multiple gunshot wounds of the right and left chest, mid abdomen, and right hand. All gunshot wound trajectories were front to back.
Based on the totality of the circumstances, deadly force was justified. The entire encounter was captured on security video. As soon as Perkins was let out of the bathroom he began his attack on Janesky. Perkins continued to physically fight with Janesky and used several different weapons to stab Janesky in the eye, face and neck. Additionally, Perkins removed Janesky's taser and pointed it at Janesky. At that point it was reasonable for Janeksy to believe Perkins was armed and was attempting to cause his death or cause great bodily harm. Under Illinois law, found at 720 ILCS 5/7-1 and 5/7-5, Deputy Kyle Janesky was justified in the use of deadly force based upon a reasonable belief that it was necessary to prevent death or geat bodily harm to Daryl Perkins Officer Involved Shooting— #19-39121300020, page three
himself or other deputies, courthouse employees, and the public. The actions by Deputy Kyle Janesky in using deadly force were therefore justified in response to the actions of Perkins on August 23, 2019.
Therefore, the based upon all the information contained in the investigation, I consider the matter to be closed and no charges will be filed.