DuPage County State’s Attorney Robert B. Berlin announced today that bond has been set for a Naperville man accused of pointing what appeared to be a real gun at the time, later determined to be a pellet gun, at Naperville police officers on January 23, 2019. Zachary Kelley, 27 (d.o.b. 9/13/1991) of 1207 Whispering Hills Court, appeared in Bond Court on February 2, 2019 where Judge Robert Miller set bond at $100,000 with 10% to apply in accordance with a previously issued arrest warrant. Kelley has been in a local hospital since the incident receiving treatment for injuries he had sustained. He was released from the hospital on February 1, 2019 and transported to the DuPage County Jail. He is charged with three counts of Aggravated Assault to a Police Officer, a Class 4 Felony.
On January 23, 2019, at approximately 10:36 p.m., the Naperville Police Department received a 9-1-1 call concerning a man who had allegedly harassed a woman at the Mobil Gas Station located at 1280 West Ogden Avenue. Several minutes later, Naperville police officers arrived in the area and began looking for the subject, later identified as Kelley. It is alleged that Kelley was located outside a restaurant in the parking lot of a strip mall next to the gas station. It is further alleged that when officers attempted to speak to Kelley, he pointed the weapon directly at the officers at which time an officer fired his service weapon, striking Kelley. The officers immediately attended to Kelley’s injury and he was transported to a local hospital.
“Our police officers put their lives on the line every day,” Berlin said. “Thanks to the professionalism displayed by the Naperville Police Department in this case, no officers or innocent bystanders were injured. I would like to thank the Naperville Police Department for their outstanding work apprehending the suspect in this case under extremely stressful circumstances. I would also like to thank Assistant State’s Attorney Helen Kapas for her efforts these past several days.”
“One of the hardest parts of a police officer’s job is the uncertainty; not knowing what they will face on any given shift,” said Chief Marshall. “For this reason, we put a tremendous amount of effort into training so that our officers are able to act quickly and appropriately in rapidly-evolving situations. In this instance, I can say that I am extremely proud of our police officers’ response to one of the most stressful situations they will ever encounter.”
Kelley’s next court appearance is scheduled for February 25, 2019 in front of Judge George Bakalis.
The DuPage County Major Crimes Task Force is currently reviewing the facts and circumstances of this case in regard to the officer discharging his weapon.
Members of the public are reminded that this complaint contains only charges and is not proof of the defendant’s guilt. The defendant is presumed innocent and is entitled to a fair trial in which it is the government’s burden to prove his guilt beyond a reasonable doubt.