Chicago Park District lifeguard ordered held in shooting that killed 1 teen, critically wounded another
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A Chicago Park District lifeguard was ordered held until trial Sunday on charges stemming from shooting two teenagers — one of them a cousin of Laquan McDonald — near the Douglass Park swimming pool on Thursday.
Charles Leto, 55, appeared in First Appearance Court on Sunday on one count each of first-degree murder, attempted first-degree murder, aggravated battery, and aggravated discharge of a firearm.
He is charged in the shooting that killed 15-year-old Marjay Dotson and seriously wounded 14-year-old Jeremy Herred this past Thursday. Jeremy's family confirmed that he is the cousin of Laquan McDonald, who was shot and killed by police in 2014.
"This is as devastating as you can imagine to the family to have one family wounded, that could suffer forever behind this, and to lose a child just several years ago," said community activist the Rev. Robin Hood.
Hood led Marjay and Jeremy's families in prayer Sunday outside the Leighton Criminal Courthouse.
"It just don't make sense to have guns at a pool where children are," said Hood.
In a proffer, Assistant Cook County State's Attorney Danny Hanichak said the swimming pool at Douglass Park, at 1401 S. Sacramento Blvd. in the North Lawndale neighborhood, closed a 7 p.m. Thursday. Prior to the pool closing, some people had taken Leto's bike from where it had been parked in the pool area and had left it up some nearby stairs, prosecutors said.
There was no evidence that the people who moved the bike were the teen victims in the case, prosecutors said.
Leto got his bike after the pool closed, and got into a quarrel with a 15-year-old boy about the bike, prosecutors said. This quarrel lasted only about 30 to 45 seconds and was not physical, prosecutors said.
After the quarrel, Leto walked his bike up the sidewalk, prosecutors said. He went on to stop and flip the bike upside-down, took off his backpack, knelt down, and began rummaging through the backpack, prosecutors said. While looking through the backpack, Leto looked at the 15-year-old boy with whom he'd had the quarrel, along with the two boys identified as Marjay and Jeremy — who were all walking down the same sidewalk, prosecutors said.
Numerous witnesses were interviewed, and none said the three teenage boys threatened Leto, prosecutors said. Witnesses also said none of the three teenage boys had a weapon, prosecutors said.
The three victims walked closer to Leto, prosecutors said. The teen from the earlier quarrel — identified only as "Victim 3" by prosecutors — was walking behind Marjay and Jeremy, prosecutors said. All three victims walked into the grassy area off the sidewalk, prosecutors said.
Marjay walked past the Leto along the sidewalk, while Victim 3, still on the grassy area, reached toward Leto's bike, prosecutors said. At that point, Leto stood up and aimed a gun at Marjay, who was turning away from Leto at the time, prosecutors said.
Leto fired one shot at Marjay, striking him in the lower back, prosecutors said. Marjay fell to the ground.
Leto then turned to his left and fired at Jeremy and Victim 3, who were in the grassy area some distance away, prosecutors said. Victim 3 put his hands in the air and walked backward, while Jeremy walked backward as well, prosecutors said.
Jeremy was struck in the neck and fell to the ground. Victim 3 was not struck by gunfire, prosecutors said.
Marjay later died of his wounds. Jeremy was hospitalized in critical condition with life-threatening injuries to his neck — with the bullet having shattered his vertebrae and severed an artery that brings blood to his brain, prosecutors said.
The incident was captured on video, but audio was not included, prosecutors said.
Leto himself called 911, claiming he had been attacked by children at the park, prosecutors said. He waited for police to come, and when police did come, witnesses on the scene pointed Leto out — and officers arrested him, prosecutors said.
When interviewed by police, Leto claimed he was attacked by two juveniles and was being followed by two kids, prosecutors said. Leto claimed one juvenile lunged at him and he fired in self-defense, prosecutors said.
Leto had a valid Firearm Owners Identification Card and Concealed Carry permit, and he had two firearm magazines, a Kevlar panel, and a satellite phone in his backpack, prosecutors said.
Hood does not have a prior criminal record, prosecutors said.
At the hearing Sunday, an assistant Cook County public defender said Leto is a U.S. Marine Corps veteran who served in a combat deployment and is trained in firearms. He worked in the banking industry until 2022, and had been working full time for the Park District for two years since retiring, the assistant public defender said.
The assistant public defender claimed that Leto denied some teens entry to the pool because they didn't have a parent with them, and said the teens became very angry and threatened to "mess up" Leto. The assistant public defender said while closing the pool, Leto was confronted by 10 teenagers who were harassing, threatening, and following him — one of them took his bike.
The assistant public defender said the chain fell off Leto's bike and he put it upside-down to work on it, and the teens kept following him even after he ran from them at least three times. The assistant public defender claimed that Leto was in a vulnerable position on the ground with one of the teens calling him curse words when he pulled out his gun and shot the teen.
But prosecutors said video footage obtained in the case contradicts Leto's story.
Prosecutors said there was no group of 10 teens, and no evidence of what the victims yelled at Leto. Prosecutors said what was shown was Leto blocking the sidewalk while the teens walked around the area — with no reports that they were threatening.
Cook County Criminal Court Judge Luciano Pacini Jr. said based on the evidence, he had a hard time believing Leto was trying to protect himself. The judge also said it was unreasonable for Leto to take out a gun and fire when he was not attacked, and noted that Leto opened fire in a crowded park with other families nearby.
Pacini also said as a Marine Corps veteran with firearms training, Leto should have known better to deescalate the situation. The judge said Leto had lack of judgement and certainly overreacted.
Pacini ordered Leto held in custody.
Marjay and Jeremy's families were present in court Sunday.
"If you are in that big of fear where you feel like you need a gun, you don't need to be working around children," the Rev. Hood said. "You don't need to be working around the pool."
In a statement issued Saturday, an attorney for the boys' families said, "There is no justification or excuse for this heinous criminal act by an employee of the Chicago Park District."
"While no amount of justice can ever restore Marjay's life or fully heal Jeremy's wounds, the families take solemn relief that the justice system is now engaged with the announcement of criminal charges against the shooter," attorney Jeff Neslund said. "They stand firm in their belief that through the diligent work of prosecutors and the courts, justice will be served. In this time of collective heartbreak, the families extend their gratitude to the first responders, including local football coaches at the park, all the medical care providers, the Chicago Police Department, and community members who have shown compassion and solidarity."
Jeff Neslund, an attorney representing both boys' families, said he spoke with witnesses who said there was an altercation after the Douglass Park pool closed Thursday night.
"The lifeguard shooter was closing up the pool. There were some boys that did not get into the pool, and they were the ones that … did something in connection to his bike," Neslund said.
Neslund said Dotson and Herred were not among the boys who did something to Leto's bike.
The Park District released a statement saying in part:
"The Chicago Park District is deeply saddened by the tragic shooting that occurred at Douglass Park. We continue to cooperate with the Chicago Police Department as they conduct their active investigation. The Park District has made the decision to close Douglass Park pool today out of care and respect for the park staff and community members impacted by yesterday's events. The District is working with the Chicago Department of Public Health to offer crisis support services to the park staff and residents of the surrounding community."
