May 2021, I received the Illinois State Police investigative file regarding the officer involved shooting of Robert Cunningham Ill that occurred on May 5, 2021 in the area 540 E. 14th Street, Tilton, Vermilion County, Illinois. I have conducted a review of the events and circumstances that ultimately lead to the gunshot wound to the body of Robert Cunningham Ill. My review was to determine if the actions of Chief Phillip Bernardi warranted criminal charges. I have reviewed all the police reports, witness statements, statement of Robert Cunningham Ill, videos, radio traffic, as well as all photographs. After a review of all the materials provided and in discussions with Illinois State Police investigators 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 base my opinion. The investigation shows that Robert Cunningham Ill (Cunningham) was involved in a commotion at the Tilton Village Hall. Cunningham fled in a vehicle with Michelle Burton (Burton) and their two minor children at a high rate of speed. Chief Bernardi was in his office at the time that Cunningham and Burton arrived at the Tilton Village Hall and caused the commotion. Chief Bernardi left his office, and ultimately got in his official police issued pick-up truck and began to follow Cunningham in order to contact them regarding their behavior. Cunningham evaded police at a high rate of speed and violated multiple other traffic laws. Additional police units assisted in the pursuit. Eventually, Cunningham's vehicle came to a stop in the 500-block area of E. 14th Street. Cunningham and Burton were both taken into custody and all assisting departments left the scene.
Cunningham had been placed in handcuffs and thereafter into Chief Bernardi's (Bernardi) squad car. Cunningham had maneuvered in the back of the squad and was able to get his handcuffs that were originally placed on behind his back to the front of his body. Bemardi stopped his squad car and went to the prisoner door of the vehicle to put Cunningham back into handcuffs properly behind his back. At that time Bernardi had pulled his taser due to Cunningham being combative.
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Once Bernardi began to open the prisoner door of the squad, Cunningham pushed through the door. Bernardi then attempted to tase Cunningham, which had no effect. Cunningham attacked Bernardi ripping off his vest and radio as Bernardi was attempting to call for help. A portion of the altercation can be seen on video where Cunningham has his legs scissored around Bernardi' s neck.
Bernardi warned Cunningham that if you do not stop choking me I will shoot you. Cunningham did not stop and Bernardi was able to unholster his weapon and shot Cunningham one time in his torso. Cunningham immediately released his legs. Both Bernardi and Cunningham were taken to the hospital for their injuries.
Based on the totality of the circumstances, force likely to cause death or great bodily harm was justified. As Bernardi was opening the squad door, Cunningham attacked Bernardi, taking him to the ground. Bernardi was being choked and felt as though he was going to pass out. Bernardi believed if he passed out Cunningham could acquire his gun and kill Bernardi or other people in the neighborhood. Cunningham would not comply with commands to stop attacking Bernardi. Bernardi warned Cunningham "I will shoot you" and Cunningham still refused to stop choking the officer. At that point it was reasonable for Bernardi to believe Cunningham was either attempting to cause his death or cause great bodily harm to him by choking him unconscious.
Under Illinois law, found at 720 ILCS 5/7-1 and 5/7-5, Chief Bernardi was justified in the use of force based upon a reasonable belief that it was necessary to prevent death or great bodily harm to himself. Therefore, based upon all the information contained in the investigation, I consider the matter to be closed and no charges will be filed.
