Dupage Policy Journal

The Naperville Police Officer who shot and killed a man who charged at him with a hatchet will not be charged with a crime, said Bob Berlin, DuPage County State's Attorney.

"Every case involving the use of deadly force by a police officer, whether on or off duty, must be carefully and thoroughly investigated," Berlin said in a statement. "Such scrutiny is required to ensure the protection of the civil rights of those involved and to maintain the public’s confidence in law enforcement. After a thorough and extensive investigation surrounding the shooting of twenty-eight-year-old Edward Samaan, which occurred on June 3, 2022, in the late morning hours at the intersection of Bond and McDowell Street, Naperville, by an on-duty Naperville Police Officer, it is my determination that the officer’s actions were justified and no criminal charges will be filed against the Officer."

According to Berlin, around 11 am on June 3, Naperville Police Officer Frank Tonkovich conducted a traffic stop on a vehicle that had run a stop sign, according to a release.  While Tonkovich was conducting the traffic stop, a second vehicle drove up and stopped near the officer.  A man identified as Edward Samaan exited the second vehicle and charged at the officer with a hatchet in his hand.  Officer Tonkovich fired 6 shots at Samaan, hitting him 5 times and killing him. The MERIT Public Integrity Team investigated the shooting scene and recovered Samaan's hatchet.

Berlin noted in his statement that in order to reach the conclusion that the officer's actions were justified and he should not be charged with a crime, he reviewed all available evidence, which included police reports, statements from the people involved, body cam video footage, squad car video footage, accounts from witnesses, and analysis of the physical evidence.

"In accordance with Illinois law, my staff and I have reviewed the facts and circumstances of the case with special consideration given to the perspective of the officer on the scene. It is important to remember that police officers are often forced to make split-second decisions about the appropriate amount of force necessary to bring a tense, uncertain and rapidly evolving situation under control," Berlin said.

He noted that "it was reasonable for Officer Tonkovich to believe Edward Samaan was trying to kill him and/or the motorist he had lawfully stopped, and that deadly force was necessary to prevent imminent death or great bodily harm to himself or others. Therefore, based on the results of an incredibly thorough investigation by the MERIT Public Integrity Team, it is the conclusion of my Office that Officer Tonkovich acted lawfully under Illinois Statutes and was justified in using deadly force when he fired his service weapon and shot Edward Samaan."     

Tonkovich wrote in his report, “I was forced to draw my firearm and use deadly force to stop Samaan from killing me or (the driver of the Honda Civic)" and noted that “prior to the deadly force situation, when Edward Samaan abruptly stopped his vehicle next to me, he had a crazed look in his eyes. He exited from his vehicle in an aggressive manner with a hatchet and immediately and violently charged at me.”