On Monday, March 20, 2023, Whiteside County State’s Attorney Costello released this detailed statement about the death of Aaron Linke, on October 21, 2022.
I, Whiteside County State’s Attorney Terry A. Costello, have completed my review of the investigation of the incident, which occurred during the serving of a search warrant at 604 N. Cherry Street, Morrison, Illinois, wherein Illinois State Police Trooper Stuart Baits fired shots resulting in the death of Aaron Linke.
This incident was investigated by the Illinois State Police Division of Internal Investigation. The investigation materials submitted to my office for review included, but were not limited to, interviews of on scene Law Enforcement Officers; additional interviews of non-Law Enforcement persons; Law Enforcement Officer body camera videos; videos from the residence surveillance systems; Law Enforcement radio traffic; a neighborhood canvas; scene investigation and analysis. The Law Enforcement body camera videos reviewed were approximately 23 hours in total. The video from the residence surveillance systems, a fair amount of which consisted of duplicate files, which nonetheless needed to be, and were, reviewed, totaled approximately 118 hours. Recorded interviews reviewed were approximately 13 hours. Radio communications reviewed were approximately 50 files. Reports reviewed totaled nearly 5000 pages. In excess of 1000 photographs were also reviewed.
A summary of this investigation is as follows.
On October 21, 2022, at approximately 5:20 a.m., Illinois State Police Special Operations Command served a search warrant at 604 N. Cherry Street, Morrison, Illinois. At the time, there was also an arrest warrant for Aaron Linke, for the offense of Aggravated Delivery of Methamphetamine from a Structure Protected by a Surveillance System. The service of the search warrant was initiated by Illinois State Police Officers knocking and announcing, “Illinois State Police search warrant” multiple times. After receiving no response from within the residence, the front door of the residence was breached, and a distraction device, commonly referred to as a flashbang, was utilized inside the front door of the residence. A second group of Illinois State Police Officers attempted to breach the back of the residence without success, due to the multiple number of locking mechanisms fortifying that door. Very shortly after the State Police Officers entered the front door of the residence, three popping sounds could be heard. The evidence of the investigation leads to the conclusion that the sounds were gun fire. None of those gun shots were from Law Enforcement Officers.
The Illinois State Police Officers from the rear of the residence joined with the group at the front of the residence and cleared the first floor of the residence. During entry, and while clearing the residence, the State Police Officers consistently and almost continually announced their presence and purpose, “State Police search warrant.” Located on the first floor of the residence, in the living room, was an elderly man who State Police assisted out of the residence.
Illinois State Police Officers positioned themselves on the stairway to the second floor of the residence. The front, two Illinois State Police Officers were carrying ballistic shields. Multiple commands were made for occupants of the second floor to come down with their hands up. No response was received. Another distraction device (flashbang) was deployed near the top of the stairway. Illinois State Police Officers began ascending the stairway. Illinois State Police Troopers Wagle and Baits, both carrying ballistic shields, were the first up the stairs. At the top of the stairs, Illinois State Police Trooper Baits encountered a subject in the hallway, later identified as Aaron Linke. Aaron Linke pointed a pistol at Trooper Baits. Trooper Baits yelled, “Hands, hands, hands.” Linke failed to respond to the commands. Trooper Baits fired three shots in rapid succession from his pistol. The evidence shows that Linke fired a round from his pistol that went through a window near the stairway. Aaron Linke was hit in his head by three shots. Upon approaching Linke, State Police Officers found a rifle across Linke’s chest, a sawed-off shotgun on the floor by Linke’s leg, and, during the course of State Police Officers providing medical aid, a pistol was found underneath Linke.
While clearing the second floor of the residence, Illinois State Police Officers located a male subject in a north central bedroom and a female subject in the bathroom. The female subject complained of pain to her abdomen. The Illinois State Police Officer providing medical aid to her located a bullet wound in her abdomen. The evidence of the investigation shows that the trajectory of the bullet that wounded the female subject could not have been as a result of any gunfire from Illinois State Police Officers. The trajectory of the bullet was from the northwest bedroom. The evidence suggests that the person that fired this shot was Aaron Linke.
Despite quick actions on the part of Illinois State Police medics, and the subsequent interventions of medical personnel, Aaron Linke died from his injuries on October 22, 2022. On October 26, 2022, Dr. Mark Peters, Forensic Pathologist, conducted an autopsy on Aaron Linke. Dr. Peters identified three gunshot wounds to Aaron Linke’s head. Dr. Peters’s opinion was,
“Death is attributed to a gunshot wound of the head.”
The evidence further shows that it was very possible that Aaron Linke was aware the Police were heading toward his residence, prior to the first knock and announce at the door. The residence at 604 N. Cherry Street had multiple surveillance cameras, covering all sides of the residence and the area around the house. The interior of the home also contained multiple surveillance cameras. In the northwest bedroom, there were multiple monitors on a desk that were streaming live video from the exterior and interior cameras. Video retrieved from the in-house surveillance system showed Aaron Linke was awake and moving about the house shortly before the search warrant was served.
In addition to the pistol, rifle, and sawed-off shotgun that Aaron Linke had with him, he
also had a shotgun shell in his hand and a knife in his pocket. The northwest bedroom also had two long guns lying on the bed. This evidence suggests Aaron Linke was prepared for battle.
The State’s Attorney’s Office has the duty to determine whether or not the initiation of a criminal prosecution is just in a given situation. Criminal charges may be initiated by seeking a Bill of Indictment through the Grand Jury or by filing a document called an Information. In either case, the thorough review of all the evidence is necessary prior to any charging decision. The duty to seek justice dictates that the State’s Attorney should pursue charges only when the evidence would indicate a crime was committed and that the evidence, which would be admissible under the law, is sufficient to prove beyond a reasonable doubt, that a crime was committed, and that the person charged committed the crime. The duty to seek justice also dictates that the State’s Attorney should not pursue charges if the evidence, which would be admissible under the law, fails to prove beyond a reasonable doubt that a crime was committed.
Under Illinois law, a Peace Officer…need not retreat or desist from efforts to make a lawful arrest, because of resistance or threatened resistance to the arrest. He is justified in the use of any force which he reasonably believes, based on the totality of the circumstances, to be necessary to effect the arrest ,and of any force which he reasonably believes, based on the totality of the circumstances, to be necessary to defend himself or another from bodily harm while making the arrest. However, he is justified in using force likely to cause death or great bodily harm only when: (i) he reasonably believes, based on the totality of the circumstances, that such force is necessary to prevent death or great bodily harm to himself or such other person.
720 ILCS 5/7-5(a) (West 2022).
“Deadly force” means any use of force that creates a substantial risk of causing death or great bodily harm, including, but not limited to, the discharge of a firearm. A threat of death or serious bodily injury is “imminent” when, based on the totality of the circumstances, a reasonable Officer in the same situation would believe that a person has the present ability, opportunity, and apparent intent to immediately cause death or great bodily harm to the Peace Officer or another person. An imminent harm is not merely a fear of future harm, no matter how great the fear and no matter how great the likelihood of the harm, but is one that, from appearances, must be instantly confronted and addressed.
“Totality of the circumstances” means all facts known to the Peace Officer at the time, or that would be known to a reasonable Officer in the same situation, including the conduct of the Officer and the subject leading up to the use of deadly force.
720 ILCS 5/7-50) (West 2022).
The Illinois State Police Officers had knocked and announced the search warrant prior to entering the residence. After entering the residence, the Officers almost continuously announced their office and purpose. Commands were made for anyone on the second floor to come down with their hands up. There could be little doubt left as to the Illinois State Police being in the house to execute a search warrant. Upon encountering Aaron Linke and seeing him pointing a pistol in his direction, Trooper Baits commanded, “Hands, hands, hands.” Aaron Linke failed to respond to that opportunity to end the situation. Instead, Aaron Linke clearly made an imminent threat of death or serious bodily injury, when he continued to point a pistol at Trooper Baits. The totality of these circumstances would lead any reasonable Officer to conclude that the use of deadly force was necessary to prevent the death or great bodily harm of himself or his fellow Officers. Trooper Baits was justified in using deadly force.
Another legal theory which was considered was self-defense.
Under Illinois law, a person is justified in the use of force against another when, and to the extent that, he reasonably believes that such conduct is necessary, to defend himself or another against such other’s imminent use of unlawful force. However, he is justified in the use of force which is intended or likely to cause death or great bodily harm only if he reasonably believes that such force is necessary to prevent imminent death or great bodily harm to himself or another, or the commission of a forcible felony.
720 ILCS 5/7-1 (a) (West 2022).
The First District Appellate Court of Illinois, in regard to the evidentiary proof required to establish self-defense has stated, “Thus, a person acts in self-defense where: (1) force was threatened against defendant; (2) defendant was not the aggressor; (3) the danger of harm was imminent; (4) the force threatened was unlawful; (5) defendant actually believed a danger existed, and the use of force was necessary to avert it; (6) defendant’s belief was reasonable.”
People v. Lewis, 2012 IL App (1 st) 102089 (2012).
The self-defense analysis is similar to the above use of force analysis. Force was threatened against Trooper Baits, in that Aaron Linke pointed a pistol at him. Trooper Baits was not the aggressor, as he was working with other Illinois State Police Officers serving a search warrant. The Officers had knocked and announced the search warrant prior to entering the residence. After entering, the Officers almost continuously announced their office and purpose. The serving of a search warrant, as was done here, does not turn a Law Enforcement Officer into an aggressor. The danger of harm to Trooper Baits and his fellow Officers was indeed imminent when Aaron Linke pointed a pistol at Trooper Baits. Aaron Linke had no lawful purpose in pointing the pistol at Trooper Baits. Considering the totality of the circumstances Trooper Baits faced, Trooper Baits'[s] action of discharging his weapon resulting in the death of Aaron Linke is valid as self-defense.
Having reviewed and considered the evidence submitted and the law, the Whiteside
County State’s Attorney’s Office concludes that, Trooper Baits'[s] actions were justified and lawful.