Red flags missed: How July 4 suspect slipped through system
By BERNARD CONDON and JIM MUSTIAN Associated Press
Illinois’ “red-flag” law could have stopped, or at least slowed down, the suspect in the Independence Day parade shooting from being able to buy the gun he is accused of using to kill seven people and wound dozens more.
Police in the Chicago suburb of Highland Park were called twice to the home of Robert Crimo III in 2019 — once after he tried to commit suicide and again when he allegedly threatened to “kill everyone” in his family. On either occasion, they could have immediately exercised part of the law that allowed them to seek a restraining order to prevent Crimo from buying guns for anywhere from 14 days to six months.
Obtaining such a delay could have bought critical time for police to seek more information to ask a judge for a longer order preventing a gun purchase.
But Highland Park police did not seek such an order, and they were not required to do so. And just four months after the reported threat that prompted officers to seize 16 knives, a sword and a dagger from Crimo’s home, Illinois State Police approved him for a firearms permit. The agency explained the decision in part by saying that it didn’t consider him a “clear and present danger” because he didn’t consider himself such a danger.
“When police went to the home and asked the individual if he felt like harming himself or others, he responded no,” the state police said in a statement this week, adding “importantly” that Crimo’s father assured officers that the collection of knives seized from the home was his and would be stored safely.
That fateful decision in early 2020 to issue the then-19-year-old Crimo a firearms permit allowed him to legally purchase five guns, including the Smith & Wesson semi-automatic rifle authorities say he used from his rooftop perch to unleash more than 80 rounds on a Fourth of July parade below.
The episode highlights how, even in a state with some of the nation’s most restrictive gun laws, opportunities can be missed to keep weapons from dangerous and disturbed people. While the authorities who crossed paths with Crimo contend their hands were tied by the law, several people familiar with Illinois’ statutes told The Associated Press there were more than enough ways to block him from getting guns.
Red flags missed: How July 4 suspect slipped through system
AP
CHICAGO (AP) — Days after a rooftop gunman killed seven people at a parade, attention has turned to how the assailant obtained multiple guns and whether the laws on Illinois books could have prevented the Independence Day massacre.
Illinois gun laws are generally praised by gun-control advocates as tougher than in most states. But they did not stop Robert E. Crimo III from carrying out the attack in the Chicago suburb of Highland Park.
One focus is on the state's so-called red-flag law, which is intended to temporarily take away guns from people with potentially violent behavior. Nineteen states and the District of Columbia have such laws.
Here's a look at Illinois' red-flag and gun-licensing laws, and whether they could have been applied to Crimo:
AP
CHICAGO (AP) — Days after a rooftop gunman killed seven people at a parade, attention has turned to how the assailant obtained multiple guns and whether the laws on Illinois books could have prevented the Independence Day massacre.
Illinois gun laws are generally praised by gun-control advocates as tougher than in most states. But they did not stop Robert E. Crimo III from carrying out the attack in the Chicago suburb of Highland Park.
One focus is on the state's so-called red-flag law, which is intended to temporarily take away guns from people with potentially violent behavior. Nineteen states and the District of Columbia have such laws.
Here's a look at Illinois' red-flag and gun-licensing laws, and whether they could have been applied to Crimo:
Red flags missed: How July 4 suspect slipped through system
AP
The law, which took effect on Jan. 1, 2019, authorizes judges to order the temporary removal of firearms from people deemed a danger to themselves or others by a judge, according to an explanation of the law by the Illinois Criminal Justice Information Authority, a state agency.
The court order, called a firearm restraining order, also bars them from buying guns.
The law is separate from domestic violence restraining orders and laws that mandate reporting of certain behavior by some professional, such as teachers.
Illinois' red-flag law, as in many states, is a civil matter. It is meant to be invoked within hours or days of someone making threats or displaying threatening behavior. It's not meant to be invoked as a result of a clear crime.
AP
The law, which took effect on Jan. 1, 2019, authorizes judges to order the temporary removal of firearms from people deemed a danger to themselves or others by a judge, according to an explanation of the law by the Illinois Criminal Justice Information Authority, a state agency.
The court order, called a firearm restraining order, also bars them from buying guns.
The law is separate from domestic violence restraining orders and laws that mandate reporting of certain behavior by some professional, such as teachers.
Illinois' red-flag law, as in many states, is a civil matter. It is meant to be invoked within hours or days of someone making threats or displaying threatening behavior. It's not meant to be invoked as a result of a clear crime.
Red flags missed: How July 4 suspect slipped through system
AP
It appears that he did. But it isn't clear just who knew about it and when, and whether law enforcement agencies took the behavior seriously enough.
Less than three years ago, police went to Crimo's home following a call from a family member who said he was threatening "to kill everyone" there, according to Christopher Covelli, a spokesman for the Lake County Major Crime Task Force.
Police confiscated 16 knives, a dagger and a sword, but said there was no sign he had any guns at the time, in September 2019. Earlier, in April 2019, police also responded to a reported suicide attempt by Crimo, Covelli said.
In photo: Lake County, Ill., State's Attorney Eric Rinehart
AP
It appears that he did. But it isn't clear just who knew about it and when, and whether law enforcement agencies took the behavior seriously enough.
Less than three years ago, police went to Crimo's home following a call from a family member who said he was threatening "to kill everyone" there, according to Christopher Covelli, a spokesman for the Lake County Major Crime Task Force.
Police confiscated 16 knives, a dagger and a sword, but said there was no sign he had any guns at the time, in September 2019. Earlier, in April 2019, police also responded to a reported suicide attempt by Crimo, Covelli said.
In photo: Lake County, Ill., State's Attorney Eric Rinehart
Red flags missed: How July 4 suspect slipped through system
AP
Yes. He legally purchased the Smith and Wesson M&P 15 semi-automatic rifle in Illinois within the past year.
Illinois state police, who issue gun owners' licenses, said in a statement that the then-19-year-old Crimo applied for a license in December 2019. Applicants under 21 require a parent or legal guardian to sponsor the application. His father sponsored his.
Sponsors must sign an affidavit that says the sponsor "shall be liable for any damages resulting from the minor applicant's use of firearms or firearm ammunition." The affidavit includes no specifics on liability if the sponsor's child uses a gun to commit a crime. It's also not clear if that liability extends beyond when the child turns 21, as Crimo did a year before the shooting.
State Police Director Brendan Kelly told reporters Wednesday that the father faces potential civil liability, and there is an ongoing investigation into criminal culpability. He said the matter would ultimately be decided in court.
A Crimo family attorney, Steve Greenberg, told the Chicago Tribune that the father was not aware of the threats when he helped his son with the application because his son lived with another relative at the time.
Asked if the suspect's parents might face any charges as a consequence of what their son did, Greenberg told The Associated Press that "there is zero chance they will be charged with anything criminal." He added: "They didn't do anything wrong."
AP
Yes. He legally purchased the Smith and Wesson M&P 15 semi-automatic rifle in Illinois within the past year.
Illinois state police, who issue gun owners' licenses, said in a statement that the then-19-year-old Crimo applied for a license in December 2019. Applicants under 21 require a parent or legal guardian to sponsor the application. His father sponsored his.
Sponsors must sign an affidavit that says the sponsor "shall be liable for any damages resulting from the minor applicant's use of firearms or firearm ammunition." The affidavit includes no specifics on liability if the sponsor's child uses a gun to commit a crime. It's also not clear if that liability extends beyond when the child turns 21, as Crimo did a year before the shooting.
State Police Director Brendan Kelly told reporters Wednesday that the father faces potential civil liability, and there is an ongoing investigation into criminal culpability. He said the matter would ultimately be decided in court.
A Crimo family attorney, Steve Greenberg, told the Chicago Tribune that the father was not aware of the threats when he helped his son with the application because his son lived with another relative at the time.
Asked if the suspect's parents might face any charges as a consequence of what their son did, Greenberg told The Associated Press that "there is zero chance they will be charged with anything criminal." He added: "They didn't do anything wrong."
Red flags missed: How July 4 suspect slipped through system
AP
They did. State police confirmed that they got a warning from Highland Park police months before Crimo applied for his license. It's not clear if the state agency went through Highland Park's report before granting the license.
A statement from state police said only that "there was insufficient basis to establish a clear and present danger" to deny the application.
Under Illinois law, if Crimo had a felony conviction or had been committed for major mental health problems, he likely would not have gotten the license. He had no such record.
AP
They did. State police confirmed that they got a warning from Highland Park police months before Crimo applied for his license. It's not clear if the state agency went through Highland Park's report before granting the license.
A statement from state police said only that "there was insufficient basis to establish a clear and present danger" to deny the application.
Under Illinois law, if Crimo had a felony conviction or had been committed for major mental health problems, he likely would not have gotten the license. He had no such record.
Red flags missed: How July 4 suspect slipped through system
Tyler Pasciak LaRiviere/Chicago Sun-Times via AP
It appears to be used infrequently, though related records are sometimes sealed so it's difficult to get a full picture. Illinois legislation in 2021 included provisions to increase awareness of the state's red-flag laws and how to use them.
The Illinois Criminal Justice Information Authority cites tracking done by one advocacy group, Speak for Safety Illinois, that reports 34 firearm restraining orders were filed in 2019 and 19 in 2020. Most were granted.
One suburban Chicago county, DuPage County, accounted for 12 of the filings in each year, it said. And no other county, including Lake County, which includes Highland Park, filed more than two in those years.
The vast majority of filings were by law enforcement, with family members accounting for just five filings in 2019.
Tyler Pasciak LaRiviere/Chicago Sun-Times via AP
It appears to be used infrequently, though related records are sometimes sealed so it's difficult to get a full picture. Illinois legislation in 2021 included provisions to increase awareness of the state's red-flag laws and how to use them.
The Illinois Criminal Justice Information Authority cites tracking done by one advocacy group, Speak for Safety Illinois, that reports 34 firearm restraining orders were filed in 2019 and 19 in 2020. Most were granted.
One suburban Chicago county, DuPage County, accounted for 12 of the filings in each year, it said. And no other county, including Lake County, which includes Highland Park, filed more than two in those years.
The vast majority of filings were by law enforcement, with family members accounting for just five filings in 2019.
Red flags missed: How July 4 suspect slipped through system
AP
A relative, roommate or law enforcement officer can make the request by filing an application with a local circuit court. In some cases, others can seek to initiate the process by contacting police.
Red-flag laws in some states permit doctors, teachers and colleagues to file requests, while others limit filings solely to law enforcement.
In Illinois, the burden of proving to a judge that someone is a significant threat falls on those who file the request. They can draw on multiple sources, including witness statements about violent behavior, drug abuse, police records or any threatening social media posts and emails.
If a judge sides with the petitioner, the court issues a firearm restraining order, which allows law enforcement to immediately seize any guns from the person deemed a threat and bars them from purchasing guns and ammunition.
If they have one, they also must turn in their firearm owner's identification card.
AP
A relative, roommate or law enforcement officer can make the request by filing an application with a local circuit court. In some cases, others can seek to initiate the process by contacting police.
Red-flag laws in some states permit doctors, teachers and colleagues to file requests, while others limit filings solely to law enforcement.
In Illinois, the burden of proving to a judge that someone is a significant threat falls on those who file the request. They can draw on multiple sources, including witness statements about violent behavior, drug abuse, police records or any threatening social media posts and emails.
If a judge sides with the petitioner, the court issues a firearm restraining order, which allows law enforcement to immediately seize any guns from the person deemed a threat and bars them from purchasing guns and ammunition.
If they have one, they also must turn in their firearm owner's identification card.
Red flags missed: How July 4 suspect slipped through system
AP
An emergency order can been issued the same day and remains in effect for up to 14 days. The judge can rule on it without the presence of the subject of the request.
If the emergency order is issued, it is followed by a full hearing after which a judge will decide if a longer, six-month order is warranted. The standard of proof is higher at such a hearing. Subjects of a hearing can argue before a judge why an order isn't called for.
If the six-month order is issued, it cannot be easily extended. If the person who filed the initial request believes the subject of the order still poses a danger, another hearing with the same levels of proof must be held again.
AP
An emergency order can been issued the same day and remains in effect for up to 14 days. The judge can rule on it without the presence of the subject of the request.
If the emergency order is issued, it is followed by a full hearing after which a judge will decide if a longer, six-month order is warranted. The standard of proof is higher at such a hearing. Subjects of a hearing can argue before a judge why an order isn't called for.
If the six-month order is issued, it cannot be easily extended. If the person who filed the initial request believes the subject of the order still poses a danger, another hearing with the same levels of proof must be held again.
Red flags missed: How July 4 suspect slipped through system
AP
According to the Illinois Criminal Justice Information Authority, there's clear evidence that firearm restraining orders help prevent some suicides. It's less clear that they prevent deadly acts of gun violence, like mass shootings. The agency says the causes of such attacks are often too complex to draw clear links.
AP
According to the Illinois Criminal Justice Information Authority, there's clear evidence that firearm restraining orders help prevent some suicides. It's less clear that they prevent deadly acts of gun violence, like mass shootings. The agency says the causes of such attacks are often too complex to draw clear links.
“Laws don’t mean much unless they’re followed,” said Sean Holihan, the state legislative director for Giffords, a gun safety advocacy group. “This fell through the cracks. The law was written to make sure this wouldn’t happen and it still did.”
Added Nicholas Suplina, senior vice president for law and policy at Everytown for Gun Safety: “Red-flag laws are designed for precisely this kind of situation. … It’s an important tool in the gun violence prevention toolbox. But you got to take the tool out and use it.”
A tool Highland Park police did make use of, they said, was the “clear and present danger” report filed with the state after their two visits to his home in 2019. Such reports are intended to alert state police to people who, if allowed to buy a gun, may pose an “imminent threat of substantial bodily harm to themselves or others.”
Highland Park police did not respond to requests for comment.
Crimo’s warning signs also included a voluminous and disturbing social media footprint that went back years and somehow escaped law enforcement scrutiny despite the fact that the aspiring rapper had thousands of followers on YouTube and songs on Spotify that collectively had millions of plays.
Stick-thin, dark-haired and heavily tattooed on his neck and face, Crimo went by the stage name Awake the Rapper and left a trail of clues in his videos of a fascination with violence, guns and suicide. One video titled “Toy Soldier” showed a cartoon figure brandishing a rifle on a city street, followed by drawings of a victim’s chest spurting blood and police cars closing in.
In online chat rooms that reveled in mass murder and gore, Crimo apparently also posted video of a beheading and grainy news footage of a politician’s infamous public suicide.
“Like a sleepwalker … I know what I have to do,” Crimo narrated in another rap video posted late last year. “Everything has led up to this. Nothing can stop me, even myself.”
“We were not made aware of these videos,” Christopher Covelli, deputy chief of the Lake County Sheriff’s Office, told reporters.
For its part, Illinois State Police defended the issuance of a gun permit for Crimo, noting that Highland Park police had declined to arrest the teen after his alleged threat in September 2019 because they could not meet the legal hurdle of “probable cause.” To deny a gun permit, they said, requires an even higher legal standard — “preponderance of evidence” — that he is a clear and present danger.
State police also noted in a statement that even though an unidentified family member reported the threat and spoke of a fear of returning home, family members denied Crimo was dangerous and didn’t want to press charges.
“When police went to the house, both the individual and his mother disputed the threat of violence. The individual told police he did not feel like hurting himself or others and was offered mental health resources,” the statement said.
Several months before, in April 2019, Crimo attempted to commit suicide by machete, according to a police report obtained by AP that noted a “history of attempts.” Other police reports show officers had visited the Crimo home frequently over the years for domestic violence disputes and other incidents.
Several experts described Crimo as the epitome of a “clear and present danger,” defined under Illinois law as a person who “communicates a serious threat of physical violence” or “demonstrates threatening physical or verbal behavior.”
But others weren’t so sure, noting that police are limited in how much they can act when an accuser reporting violent threats doesn’t want to press charges and family members are uncooperative.
Even if an order had been issued, it’s not a given that a judge would have extended the order beyond six months.
Robert Berlin, state attorney for DuPage County, the most active issuer of red-flag orders in Illinois, said that the dozens of cases he’s overseen almost always include family members assisting investigators.
And while Berlin declined to comment on Highland Park police actions, he said that he couldn’t recall a red-flag order ever issued in his county against someone who was not already in possession of a gun and was aimed solely at blocking future purchases.
After receiving his permit in January 2020, Crimo passed four background checks when buying firearms that year and the next, the state police noted, adding that the only offense that surfaced in his criminal history was a 2016 ordinance violation for possession of tobacco.
Crimo, now 21, was arrested after disguising himself in women’s clothing to make his escape. He now faces seven counts of first-degree murder. While investigators say he confessed to targeting paradegoers, they have not determined a motive.
Katherine Schweit, a retired FBI agent who spearheaded the agency’s active shooter program, said Crimo’s case underscores how difficult it can be to prevent such shootings, even with plenty of warning signs.
“It’s easy to see in the rearview mirror all of the pieces that tie together to an individual who clearly was on a trajectory toward violence,” Schweit said.
But nobody was able to put it all together. … Police and schools and friends and neighbors handled one tiny piece of this at a time.”
___ Condon reported from New York and Mustian from New Orleans. News researcher Rhonda Shafner in New York also contributed.
___
Contact AP’s global investigative team at Investigative@ap.org or https://www.ap.org/tips/
