Chicago Sun-Times
CHICAGO — The burglary suspects Chicago Police Sgt. Alan Haymaker died trying to catch won’t be charged with felony murder, prosecutors said Thursday.
The decision came as the gang’s alleged lookout was caught. At least two accomplices remain at large.
Larry Brown, 28, of Markham, admits he kept watch while his accomplices threw a car battery through the window of a North Side business and stole thousands of dollars worth of mobile phones Monday, prosecutors said.
Haymaker -- a 56-year-old father of three whose wake was Thursday -- died when his squad car slid off Lake Shore Drive and crashed as he apparently responded to the call.
Chicago Police Supt. Jody Weis said Wednesday that he hoped the suspects could be charged with felony murder under a state law that holds felons responsible for deaths resulting from their crimes.
But Brown was charged only with burglary and obstructing identification. Cook County State’s Attorney spokeswoman Tandra Simonton said prosecutors “understand the pain and anguish felt by [police but] . . . we don’t have the evidence that would be required to meet the burden of proof to sustain a felony murder charge.”
Brown was sentenced to two years’ probation for a previous burglary in December. Court records show he and an unidentified accomplice last April stole nine computers from a former employer.
Judge Ramon Ocasio III ordered Brown held without bail Thursday for violating his probation.
But tying Brown to Haymaker’s death was a stretch, sources said.
Though police and prosecutors believe Haymaker was on his way to the burgled business, Consolidated Communications, 3176 N. Clark, there is no record of him acknowledging the call on his radio, the sources said. He was more than two miles from the scene when he crashed.
“It’s not even a close call,” said Barry Pechter, a defense attorney not involved in the case. “They made the right decision.”
Chicago Police Sergeant’s Association President Robert Kirchner said officers would be “happy if felony murder charges were brought, but we understand why they weren’t.”
Meanwhile, hundreds attended a wake at Bethel Community Church, 7601 W. Foster, where Haymaker was an active member.
“We’re family,” said officer Rachel Kimbrough, who worked with Haymaker in the Austin District.
Visitation for Haymaker continues at 10 a.m. today at Bethel. A funeral service starts at 11 a.m.
Copyright 2010 Chicago Sun-Times