Chicago P.D. (2014–…): Season 3, Episode 21 - Justice - full transcript

Burgess goes to court for shooting a 17-year-old honor student she suspects shot Roman.

So how was your night last night?

Do anything special?

Yeah, it was amazing.

It was?

So, I mean, what do we do now?

How about we keep it undefined?

- For now.
- Okay.

Hey, as long as you
come over tonight, okay?

Uh, what time?

Sean!

Sean!



Go! Go! Go get him!

Stop! Police!

Police! Don't move!

Police!

- Stay down!
- You shot me.

- Don't you move!
- You shot me!

- Don't you move!
- You shot me! You shot me!

- Stay down!
- You shot me!

- Why you shot me for?
- Yeah, I shot you!

- I didn't do anything!
- You shot my partner!

- I didn't do anything!
- You mother...

what the hell did you do?

- What the hell did you do?
- You shot me!

What is your problem? Stay down!



What are you doing?

I didn't do anything!

Sean!

I repeat, officer and offender down!

Roll two ambulances to 580 West Cermak!

My partner's been
shot. Offender's been shot.

Sean, are you okay? Sean!

Are you hit anywhere else?

Sean, please talk to me!

Just show me!

Please don't die! Please don't die!

Sean!

- How many shots?
- Four? Maybe five.

And then Roman, he screams at me to go.

- He said that?
- Yes.

So I chased that little
prick to that corner,

he fires at me two more times.

I tell him to stop

and then he turns, looks
over his shoulder,

something silver in
his hand, so I fired.

You kept sight on him the whole time?

No, not when he rounded the corner.

But I only had my eye
off him for a few seconds,

it's the same kid.

You get a look at him as
he approached the car?

Maybe a glimpse. Mostly
just arm and torso,

gun and muzzle flashes.

Silver gun, it looked like a .9.

Did you see where the
asswipe tossed the piece?

- What?
- Can't find it.

- You all right?
- Yes. How is Sean?

He lost a lot of blood.

Marine Unit is en route to find the gun.

You hit him twice from 40 yards away

in low light? Nice job.

Kim. Kim, come here.

You got to put a statement together.

Okay? List everything that happened.

Be definitive.

Keep your feelings out of it.

Everything you say will
be carved in stone.

I want to get to Med.

After.

17-year-old male. Multiple GSWs.

One in the lower
flank, one in the left thigh.

No exit wounds. GCS 15, BP 166/72.

- Heart rate 128.
- All right.

Dr. Choi, you're going to Baghdad.

- Got it!
- Talk to me, incoming!

27-year-old police officer.

Gunshot wound to the right
neck, left back, arm, and hand.

GCS 15, BPs 94/60. Heart rates 122.

All right, rotate. We're
going to Trauma 2.

- No, no, he goes with Choi!
- Hey! Hey! Hey! Hey! Hey!

He goes with Choi!

- Everyone shut up!
- Maggie, come on!

Go into Trauma 2!

Everybody block out the
noise. Let's get to work.

And every police officer clear
into the waiting room now!

Move! Move! Move!

Get out of my ER!

Michael Vance Ellis. 17. No priors.

Father, John Ellis, is a plumber,

mother, Cecily Ellis, works at a bank.

We're running their address for
any historical in-service calls.

Roman and Ellis are
both in surgery at Med.

Ellis' parents are there.

- You got surveillance footage?
- Yeah.

I'm uploading the
POD footage right here.

- It's unreal.
- Just like Philadelphia.

That your statement?

- Yeah.
- Come on.

All right, you're
gonna go into my office,

I'm gonna close the door,

and I need you to memorize this.

Every word.

Marine Unit says no gun yet.

Great.

- Hank?
- Yeah.

Assistant State's Attorney
is downstairs.

Who'd we get?

Peter Stone.

What was that about?

Stone's the guy who sent him to prison.

Peter.

Hank.

- Officer Roman's in ICU?
- That's right.

And Officer Burgess?
How's she holding up?

As well as can be expected.

What kind of a cop is she?

A plus.

I'm gonna need the
General Progress Reports

from the
incident... plus any CRs on both

Officers Roman and Burgess.

They're active cops, they're
gonna have complaint reports.

Yeah, I get it.

We have 42 hours to either
charge or release Mr. Ellis.

Yeah, I'm aware.

Feed you the info as I get it.

I appreciate that, but
because of the profile

of the incident, we'll be doing

a parallel and independent
investigation.

My people are already
talking to the victim.

This is a clean shoot, Peter.

I sure hope so.

You get me those reports ASAP.

Mr. and Mrs. Ellis?

I'm Detective Halstead, this
is Detective Lindsay.

They're saying Michael shot the police.

Yeah, he did.

That couldn't happen. It just couldn't.

That's what we're here to figure out.

Does your son have access to a gun?

No! No knife, no gun, no nothing.

Not in my house.

You have to believe us.

Michael doesn't have a
mean bone in his body.

He's a Chicago
Scholar. He's on the Honor Roll.

There's no way he could've done this.

My son didn't do this!

He didn't do this.

It's okay.

I'm sorry.

I'm all over the news.

Yeah, I know.

Kim...

I know you and I ended pretty rough,

but, hey...

I still care about you a lot

and...

if you need anything at all...

I'm here. I got your back.

Okay?

Tell us what happened, Michael.

This guy ran around a corner.

Fired a gun a couple
of times then ducked off

into a building like 20 feet from me.

I started to run 'cause
this kid was shooting

and I didn't know what was going on.

Next thing I know,

I hear this woman's voice yelling

so I turned and ran.

Then it felt like I got
punched hard in the back.

That's all I remember.

Now they telling me I
might never walk again.

Oh, God.

My baby.

Michael, did you have a gun?

No.

What were you doing down by the water?

I was just going for a walk.

This girl I've been
seeing, she broke up with me.

I just wanted to be alone.

That lady cop...

shot the wrong guy.

We finished the IPR, separated
by family members,

known associates, neighbors,
and schools.

We did not find one
witness who would say

this kid was
anything but an Eagle Scout.

Gang Investigation
says they don't have him

affiliated with anyone.

Not one gang card or disbursal on him.

Gunshot residue test on
Ellis came back inconclusive,

because of the water he fell into.

Patel. Yes, sir.

Okay.

Boss needs an update.

He's on his way.

No weapon.

No continuous line of sight.

No independent
witnesses to any part of it.

- What do we have?
- Officer Burgess.

We actually have more
evidence against her than Ellis.

She made a positive ID.

The single most
unreliable type of ID, eyewitnesses.

Oh, come on, we all know
what happened that night.

The other guy Ellis said was shooting?

He's not on any cameras.

And the building he supposedly ran into?

One door, triple locked from the inside.

Houdini couldn't have gotten in.

No gun. Shot in the back.

You rush to edict this
kid and we get it wrong...

This city's gonna explode.

You know what I can't figure out?

Is why Ellis did it.

It doesn't add up.

How do you graduate
from having no priors

to trying to kill two cops?

We may never know.

I need to know.

'Cause until I do, there's
too many cracks

- in the case to bring charges.
- Don't tell me. Don't tell me.

Michael Ellis is free to go home

- once he's discharged from Med.
- You're making a mistake.

We're gonna keep investigating.

Don't blow smoke up my ass. You caved.

This case is gonna get
shoved in a file cabinet somewhere.

That's where you're wrong.

Someone's getting charged.

I just don't know who yet.

You called me in, Sarge?

"Officer Burgess, you have been

officially relieved of your
police powers and duties

pending separation from this department.

You no longer have the authority
to carry a weapon.

If you on-view any criminal acts

you must call 911 and
take no police action.

Did you clearly and
intelligently understand

each and every one of these orders?"

Yes.

Hands up, don't
shoot! Hands up, don't shoot!

Hands up, don't shoot!

Hands up, don't
shoot! Hands up, don't shoot!

Hands up, don't
shoot! Hands up, don't shoot!

Another unarmed black
man shot in Chicago!

Shot in the back too.

Tell me something, brother,

you like shooting at your own people?

Really?

- Watch yourself, man.
- What you 'gon do?

You gonna shoot me or something, man?

Hands up, don't shoot!

Hands up, don't
shoot! Hands up, don't shoot!

Hey. Got here as fast as we could.

Called in some more hands.

The incident took place at
580 West Cermak street?

Correct.

Isn't that...

three blocks off your assigned beat?

We went on the zone, told dispatch

we were going down on a personal.

Officer Burgess, did
you notice anyone else

walking around the
area before the shooting?

No. It's all in my report.

So how long had you been going
out with Michael Ellis?

Few months.

But you're not together anymore?

No, ma'am.

Why'd you guys break up?

I told him we needed to slow it down.

I didn't mean for
him to take it that way.

- What way?
- Like we were over.

I told him that.

You and Michael Ellis
worked together, right?

- Yeah.
- What kind of kid is he?

I don't know.

We're not here about a
stolen purse, Mr. Kelton,

a police officer was shot.

If you have
information, you need to tell us.

Wish I could help.

Have you ever been in jail, Mr. Kelton?

Juvie. Nothing since.

- You want to go back?
- For what?

It's called hindering a prosecution.

Three to five.

Okay.

On Friday, Mike was all agitated.

And then he just
started ranting about...

about Chicago cops.

What about Chicago cops?

Said they were out of control.

That no one ever did anything about it.

Well, I got something.

Michael Ellis, his Instagram account,

he deleted it a day before the shooting.

Right.

I pulled this off the
girlfriend's account.

Honor student my ass.

Hands up, don't shoot!

- Hands up, don't shoot!
- Get out front

and set a parameter
with the blue horses,

and, remember, everyone
has a camera phone

and they're all
looking to get on CNN. Go.

- Hank?
- Yeah?

Just got a call from a
guy who lives in the building

near where Ellis got
shot. He says he has video.

Hands up, don't shoot!

- Yeah?
- Atwater, Olinsky. CPD.

Okay, great, so here's the deal.

Uh, some other cops came by

the night after that kid got shot.

I said I wasn't home that night,

so I didn't see anything,

but I've got a security
camera in my window

pointing down on the street because
my car was broken into.

- Which you just forgot about?
- Honestly, slipped my mind.

Until this morning when
my computer asked me

if I wanted to delete some footage.

It's set to do that once a month.

All right, how about
we look at the video?

My buddy said I could sell
this for major cash.

You want to obstruct an
active investigation?

Got it.

Stone.

That's our gun.

Hell yes, that's our gun.

Where'd this come from?

Private security camera overlooking
the waterfront.

Good.

We just brought this
up. Found it 20 feet out.

After conducting an independent,

thorough
investigation of all the evidence

at this time we announce
the indictment of Michael Ellis...

For the attempted murder

of Officer Sean Roman

and Officer Kim Burgess
on April the 11th, 2016.

Let's go. Come on.

Union take care of you?

Yeah.

The department put me in
an administrative spot.

Platt says it's like a time out.

It's full pay. Union stepped up.

I got the right guy.

He had white Nikes on, okay?

And when I got out of the
car and I started running,

I saw how white they
were against the street.

Just...

That just hit me last night in bed.

That Michael Ellis, he had them on too.

Kim... that guy tried to kill us.

You chased him
down, you dropped his ass.

I don't care what anybody
else is saying,

this is coming from your partner.

You saved the lives
of who knows how many

other cops out there, that
son of a bitch gotten away.

You did the right thing.

Okay.

Thank you very much.

- Shambala.
- Peter.

- How's Ted?
- He's retiring next month.

- That's great!
- No, it's not.

I want that man
working. I am not going down

to a one-income family.

That Cartier you
wear tells me otherwise.

It's a fake, don't tell anyone.

- Yeah, right.
- So what's the offer, huh?

Whenever you have an offer you
meet me at this roach coach.

Did you ever hear the story

of the unluckiest man in the world?

It's a story about a
kid who poses on Instagram

with a silver Beretta,

who wears the exact same
clothes as a cop shooter,

and then gets caught on video

tossing said gun into the river.

Do you read the papers?

We all love Michael.

He loses at trial, he could get 80.

That kid is not getting convicted

by a jury in this city.

Maybe two years ago.

Not today.

Why are we no further on motive?

Ellis told his co-worker
he had it out for cops

- and that's it?
- Sir, State doesn't need...

And don't tell me the
state only has to prove

the act not the reason.

I've never seen one
jury come back guilty

when we don't show motive.

People want to know why.

It's got to make sense.

Kid doesn't shoot into a cop
car just for the hell of it.

Enhanced POD video is finally back.

And please tell me we
can see Ellis' face.

Not quite.

Are you kidding me?

How long have you been
screwing your partner?

Where'd you hear that?

I don't know what... I don't
know what that has to do

with someone attacking us.

Allow me to answer that question

as Ms. Green will.

When you shot Michael
Ellis, were you thinking

with your head or your crotch?

We were fired on!

We were!

Officer Burgess...

I am devoting a lot of our resources

to essentially defend you.

Which I am ready to do...

But I need to know...

are there anymore trap doors out there

- waiting for us?
- No.

I reacted as I was trained.

Okay.

We love you, Michael!

All right, quiet.

Quiet! Quiet! Quiet!

I know this is an
emotional time for all of us.

But this court must
have a level of decorum

and respect for all sides.

Please be seated.

Mr. Royal, would you please state

for the court what you do?

I'm a firearms examiner for
the Illinois State Police.

Do you recognize this weapon?

Yes, it's a stainless steel Beretta 92.

And you did the ballistics testing

on this gun, People's exhibit 10?

I did. The fired evidence

from the crime scene came from this gun.

So this gun, found in the river,

is the same gun that shot Officer Roman?

- Correct.
- Hmm.

Can you determine from this photo,

People's exhibit 11,

the make of the gun Michael
Ellis is holding here?

That is stainless steel Beretta 92.

A stainless steel Beretta 92.

No more questions.

As you sit here today, Mr. Royal,

can you testify that you know

that the gun Mr. Ellis is
indeed holding in this photo

is the same gun that was used

- in the crime?
- No, I cannot.

No further questions.

I found the gun in,
probably, a foot of silt right there.

Mm-hmm. Parallel from where

Michael Ellis fell in this diagram,

- People's exhibit 23?
- Yes.

And how far out from the
shore did you find the gun?

- About 20 feet?
- Throwing distance?

- Objection.
- Sustained.

No further questions.

You testified earlier
that you had the camera

installed because your
car had been broken into?

That's right.

Did you catch the perpetrators?

Chicago PD did, yes.

The two men who broke into your car,

they were African-American, correct?

Objection. Irrelevant and immaterial.

Sustained.

Mr. Cade, what do you do for a living?

I'm a graphic designer.

So you create images in your computer?

- Yes.
- You also manipulate images

- in a computer?
- I guess.

Have you ever
manipulated video in a computer?

- Well, not this one.
- That's not what I asked you.

Have you ever manipulated

- video in a computer?
- Yes.

Okay, I'd like to direct
your attention to...

to the monitor, please.

Is this the video
caught by your security camera?

Yes.

- Wait, there's no gun!
- Objection,

that's not the video
entered into evidence.

- Sustained.
- That's because it's a fake.

I had a graphic
designer remove the silver flash

just to prove how easy it
is to manipulate video.

It took less than an hour.

This is completely
improper and she knows it.

Ms. Green, not only am I gonna
sustain the objection,

but I'm also going to instruct the jury

to ignore what they've just
seen as it's a violation

of the rules of evidence.

My apologies to the court.

No further questions.

Find a way to shut this down.

If we do that, we might as
well shut down the office.

You can't shoot the police and
we know he's the shooter.

Beyond Chicago's reasonable doubt?

You do realize

that I'm the black
State's Attorney of Cook County?

- I do.
- And that as a public employee

if Michael Ellis is acquitted,

you come in to work the next morning,

start a new case, while
I, an elected official,

am voted out of office come November.

I'm not gonna lose.

Don't.

We want justice!

We want justice! We want justice!

- We want justice!
- Kim, remember...

you keep your head up.

You look the defense
attorney's right in the eye.

Burgess...

I'm really proud of you.

We want justice!

We want justice! We want justice!

Ready Kim?

Yeah.

What are these, Officer Burgess?

Commendations for bravery.

And why did you receive, say, this one?

My partner and I rescued a young boy

from where he was
imprisoned in his basement.

His own mother had held
him there for years.

And the other one?

That's the Lambert Tree award.

Um, I was shot in the line of duty

while knocking on a
door on a routine call.

I took a shotgun
blast to the head, neck,

face, and shoulder.

Shot in the line of duty
and you came back to work

- and went back on patrol?
- Yes.

As soon as I could.

On the side of our
squad it says, very simply,

"We serve and protect." And
that's why I do this job.

The side of the squad
car that Michael Ellis

shot five bullets through?

- Objection.
- Sustained.

No further questions.

Officer Burgess...

How long have you and
your partner, Sean Roman,

been in a sexual relationship?

Officer Roman and I had just
begun to see each other.

Just who were you "serving
and protecting"

when you were stroking
your partner's neck?

Would you say that your...

intimate relationship with Officer Roman

- clouded your judgment?
- No.

Would you say that
your intimate relationship

with Officer Roman caused you to panic

- after he was shot?
- No.

Would you say that
your intimate relationship

with Officer Roman caused you to shoot

the first black man you came across?

Nearly unloading your weapon...

- Objection!
- Into his back...

Badgering, inflammatory,
and counsel is testifying!

- Sustained.
- I'll restate, Your Honor.

Ms. Burgess,

what was the man who
shot your lover wearing

- when you first saw him?
- Objection.

- Improper characterization.
- Sustained.

Apologies. What was the man who shot

your partner wearing?

A dark hoodie, jeans, white Nike shoes.

The same ones that are worn

by 15,000 urban youth in Chicago.

Yes, because they wear the same clothes

to make it harder for
police to identify them.

Hard to identify?

No further questions.

That video kicked us in the balls, huh?

Yeah, dirty pool.

We're gonna get through it, right?

So where are you on all this?

I was black before I put this badge on.

I'll be black after I take it off.

Bottom line is that
kid shot at my friends.

Might as well have shot me.

But why did he?

I can put him at the scene.

I can put the gun in his hand

and that's enough, but
I still don't get why.

'Cause I look in Ellis' eyes
and I see what the jury sees:

someone's son.

Not an attempted cop killer.

What is it?

I think we got motive.

Location of the incident

is five miles away from Ellis' house.

If he liked walking by the
river or lake so much,

why would he come here?

The south branch is less
than four blocks from his house.

Ellis had a wallet the night he was shot

which was inventoried. Inside
there was a CTA pass

which he didn't use the
night of the shooting,

so we couldn't build a
time line of where he was

- prior to the incident.
- Then we ran his CTA card

for historical information.

Lo and behold Ellis
visited that same location

of the shooting 16 times
over the last four years.

So we ran everyone that
was arrested in the area

and then we ran victims.

Could you just tell us
what you found, please?

- Dewan Motley.
- Who's Dewan Motley?

May I?

He was a live-in boyfriend

of one of Ellis' aunts.

Basically, a whole lot went
down between Dewan Motley

and the CPD at this exact same location

six years ago.

I'll keep digging around.

See if anyone close to Motley...

No, no. Thanks for coming down

and briefing us. Intelligence
has to stay away

- at this point.
- How's that?

Green's running a
reasonable doubt defense

and she's gonna bury us if we give her

anymore conflicts of interest.

You gonna be able to close on this, kid?

I think you know I'm able, Sergeant.

Except when you put me away

you had this, kind of, world-beater
look in your eye.

I'm not seeing it right now, Peter.

That's because the
case on you was a slam dunk.

That look.

Sergeant Voight isn't here.

I actually came here to talk to you.

Back here.

Dewan Motley from six years ago.

You were the desk
sergeant on duty that night.

- I was?
- The arresting officer,

Ed Braymer, what kind of officer was he?

Old-school. Very old-school.

Not my kind of cop, to be honest.

Racist?

Off the record.

Yeah, he was.

Does this have to do with Michael Ellis?

Maybe.

It doesn't change the facts of the case.

I'm not talking to you as a
prosecutor right now, Trudy.

Nothing excuses what
Michael did that night.

But I think you helped me figure out

what put that gun in his hand.

Defense calls Michael
Ellis to the stand.

Michael... do you own a gun?

No, ma'am.

Then why did you
post a picture of yourself

holding a gun?

It was stupid.

Please tell us.

I was dating Penny

and I got it stuck in my head

that she wanted someone, you know...

tougher.

In fact, I'd seen her talking
to some guys who were in gangs.

I was at this party and
this older guy had a gun.

He was showing it
off. So I was like, "Yo,

"let me take a photo to, you know,

try to impress this girl."

That gun was in my
hands for, like, ten seconds.

That was it.

I gave it back.

I've never even shot a gun.

No further questions.

Who's Dewan Motley?

My uncle.

Well, he's... he's not really my uncle.

The longtime
boyfriend of your aunt, correct?

Yes.

Tell us about him.

He was a good man.

Is it true he was arrested six years ago

for drunk and disorderly...

and while resisting that arrest,

he caught the arresting
officer off balance,

hit him, and caused him to hit his head?

Put that officer in a coma?

- Objection, Your Honor.
- And it doesn't look like...

- Overruled.
- It doesn't look like

he's gonna wake up ever.

Is that correct?

Dewan wasn't doing anything wrong.

Do you remember where
the incident took place?

Where your uncle was arrested?

- No.
- It was the same street...

same corner...

where Officer Roman was shot.

Okay.

Did you visit your uncle in jail?

- Yes.
- How many times?

- I don't know.
- 12.

Sidebar, Your Honor.

State never disclosed this.

This is a classic Brady violation.

It's newly discovered
evidence and not exculpatory

so it's not Brady and how
can I disclose something

when I don't even
know they're going to call

the defendant to the stand?

This evidence has no
relevance and it is prejudicial.

All evidence
incriminating defendant is prejudicial.

Since when is motive not relevant?

This is a collateral issue. No bearing.

This is cross examination

and not exculpatory, Counselor.

I'll allow it. Objection overruled.

How did Dewan Motley die, Michael?

He hung himself in prison.

After his last appeal was denied.

I guess.

How did that make you feel?

How do you think?

I'm asking you.

I was angry.

You would be too.

- When did he die?
- I don't know for sure.

I'll tell you.

It was the day before

Officer Roman was shot.

Michael, look at me.

Michael...

your girlfriend broke up with you

because you weren't "tough enough"

and your uncle... who's
life was ruined by a cop,

killed himself.

This all within two days, correct?

You didn't walk down to the river

over a break up.

You walked down there armed...

to the same location your
uncle was arrested,

to prove you were tough.

To get revenge for your uncle.

- Objection, Your Honor!
- Sustained.

Dewan just wanted an explanation!

It was that cop's fault that he's dead!

And you went down to
the river to get revenge,

didn't you?

You went down there,
Michael, to kill a cop...

- Objection, Your Honor!
- Right?

- Counsel is testifying!
- Enough!

- Peter.
- Shambala.

Look at this. You got me eating carbs.

If it's any comfort,
I housed a whole pint

of Haagen-Dazs last night.

Aggravated battery with a firearm.

Served as a juvenile.

- No way.
- I'm only gonna offer it once.

You ever had an innocent
client, Shambala?

I've had hundreds who were not guilty.

No.

We should take it, Peter.

It's been three days.

If the jury was going to acquit,

they'd be back
already and Green knows it.

And you never seen a case go
sideways at the last minute?

He could be out in four years.

And he would have admitted his guilt

and this will be over.

Do you really want to put this city

through this again if the jury hangs?

Only if Burgess and
Roman sign off on it.

Absolutely not.

What? Do you think you should do this?

I see it's merits.

Then he needs to
admit he lied in open court.

It's nolo contendere.

He won't dispute the charges. That's it.

Can we at least get an apology?

- To the CPD?
- It's not gonna happen.

So the next guy that shoots a cop

thinks all he'll get is four years?

Sean, he may be acquitted.

That's the risk we're taking here.

Or, almost worse, the jury may be hung.

It's up to Sean.

He's the one who got shot.

We're all sleeping in
our own beds tonight.

Let the city sleep too.