Report on the Officer Involved Shooting of Nicholas D. Sebastian

On January 11, 2022, at approximately 1:10 a.m., McHenry County Sheriff’s Deputies Nicholas Arnold and Travis Bodway responded to a domestic violence report at 218 Manchester Ln. in Port Barrington.   During that call for service, Nicholas Sebastian, born February 3, 1978, was shot and killed.  The investigation into the shooting was conducted by the McHenry County Major Investigation Assistance Team (MIAT), a team of investigators from several law enforcement agencies.  Upon completion of this independent investigation, the McHenry County State’s Attorney’s Office carefully reviewed all the evidence to determine whether the shooting was a justified use of deadly force.  The purpose of this report is to summarize our findings.

I. Relevant Evidence:

A. Interviews

i. Deputies Arnold and Bodway

On the advice of legal counsel, neither deputy agreed to be interviewed as part of the investigation.  Neither deputy was equipped with a body camera.

ii. Lieutenant Embry

Lieutenant Embry of the McHenry County Sheriff’s Office spoke with Deputies Arnold and Bodway at the scene.  Lieutenant Embry had arrived on scene minutes after hearing “shots fired” over the radio.

Lieutenant Embry stated that when he arrived, he observed a male decedent in the attached garage. The male decedent appeared to have succumbed to multiple gunshot wounds.  The male decedent was later identified as Nicholas Sebastian.  Lieutenant Embry stated further that he observed Deputy Arnold providing medical attention to a woman, also located in the garage, who had suffered a gunshot wound to her leg.  The woman was later identified as Antionette Mecca, the 41-year-old wife of Nicholas Sebastian.

Lieutenant Embry verified that Deputy Arnold was uninjured and asked for a preliminary account of what had happened. Deputy Arnold stated that after he and Deputy Bodway had arrived on the scene, he observed Nicholas Sebastian close the garage door and move back inside the main residence.  Deputy Arnold stated further that he began moving toward the front door where he saw Nicholas Sebastian close the front door and walk back toward the garage.  Deputy Arnold stated further that “someone” began “messing with the garage” door, which began going up and down, stopping and reversing course mid-cycle.

Deputy Arnold stated further that at some point while the garage was moving up, he heard “a gunshot” and Mecca cry out that she had been shot.  Deputy Arnold stated further that the garage door cycled all the way up.  Deputy Arnold stated further that he asked Mecca, who was lying on the southwest side of the garage, “where is he?” because he could not see Nicholas Sebastian as Deputy Arnold came around the southwest side of the open garage.  Deputy Arnold stated that Mecca pointed over her shoulder, back into the garage.

Deputy Arnold stated further that he observed Nicholas Sebastian move forward from the back of the garage toward Deputy Arnold with a gun raised looking as though “he is going to engage.”  Deputy Arnold stated further that he fired his service weapon until the slide locked back, indicating that he had fired all the ammunition in the gun magazine.  Deputy Arnold stated further that Nicholas Sebastian fell to the ground.  Deputy Arnold stated further that he reloaded his firearm, dropping the empty gun magazine.

iii. Antoinette Mecca

Mecca was immediately transported to the hospital for treatment of a single gunshot wound to her right leg, the bullet entering her inner thigh and exiting her outer thigh.

Mecca was interviewed at the hospital by an investigator.  During her interview, Mecca stated that she was awoken on January 11, 2022 by Nicholas Sebastian who was “charging around the house and acting erratic.”  She stated that Nicholas Sebastian also woke up her two minor children, C.M. and A.S.  Mecca stated further that Nicholas Sebastian, who she opined was an alcoholic, had been drinking excessively that evening.  Mecca stated further that Nicholas Sebastian came into her bedroom and took her phone.  Mecca stated further that he found a meme on her phone depicting the message, “you can’t love someone enough to make them sober,” which upset him.  Mecca stated further that Nicholas Sebastian threw her phone into a sink filled with water.  Mecca then retrieved her phone and called the police.

When asked why she called the police, Mecca stated that Nicholas Sebastian was pouring sweat, appeared to be “on something,” not in “the right state of mind,” and was “like a demon.”  Mecca stated that she was “terrified.”

Regarding the shooting, Mecca stated that when the police arrived, she was downstairs with Nicholas Sebastian.  She stated further that when she saw the squad car, she went to the garage to “escape.”  Mecca stated further that as she was heading toward the garage to open the garage door, she heard Nicholas Sebastian state, “we’re all going to die.”

Mecca stated further that after she opened the garage door and began to run for the opening, she was shot by Nicholas Sebastian who was standing at the bottom of the stairs leading from the house into the garage.  She stated further that she was shot while in “the middle” of the garage “where her [driver’s side] car door was.”  Mecca stated further that after she was shot, an officer came around the corner and asked, “where is he”?  Mecca stated further that “seconds later,” Nicholas Sebastian and the officer engaged in a “shootout.”

While speaking with Mecca, investigating officers observed a large bruise on her right arm.  Mecca stated that Nicholas Sebastian had caused the bruise a few days earlier after an “incident” had “escalated.”  Mecca stated further that Nicholas Sebastian had recently began regularly using cocaine.  Mecca stated further that Nicholas Sebastian was “fixated” on Mecca being unfaithful and that over the last two months, her relationship with Nicholas Sebastian had turned into a “nightmare.”

iv. Nicky Sebastian Statement

Investigators also interviewed Nicky Sebastian, Nicholas Sebastian’s 22-year-old son.  Nicky Sebastian stated that approximately six months ago, Nicholas Sebastian began using cocaine and drinking excessively.  Nicky Sebastian stated further that over the past few weeks, Nicholas Sebastian had become increasingly violent toward Mecca, who would often call Nicky Sebastian to come over and “protect her and the children.”

Nicky Sebastian stated further that he recently had to stay at the 218 Manchester Ln. residence for over a week to “control” Nicholas Sebastian.  Nicky Sebastian stated further that Nicholas Sebastian would often put on a bullet proof vest, bullet proof mask, and brandish a firearm when angry.  Nicky Sebastian stated further that over the past several months, he had heard Nicholas Sebastian threaten to kill Mecca and the children on several occasions.  Nicky Sebastian stated further that he was aware that Nicholas Sebastian had committed multiple prior acts of domestic abuse against Mecca.

B. Scene Evidence

i. Shell Casings

28 9mm shell casings were found on scene, 12 of which were Liberty brand and 16 of which were Luger brand.  Please note, some of the shell casings collected could not be photographed where they were found as they were submerged in snow or otherwise concealed.  Five spent Liberty brand shell casings were found on the main staircase landing of the garage.  Five spent Liberty brand shell casings were found on the northeast side of the driveway.  Two spent Liberty brand shell casings were found on the northwest corner of the garage.  One spent Luger brand shell casing was found on the southeast corner of the driveway.  Four spent Luger brand shell casings were found on the southwest corner of the garage.  11 spent shell casings were found in the snow between the front stoop and the garage.  It was confirmed with the McHenry County Sheriff’s Office that Deputy Arnold had been supplied with Luger brand ammunition.

ii. Other Evidence on the Driveway

On or near the driveway, investigators located a black, Sig Sauer P226 9mm, unloaded semi-automatic pistol; one unspent round of Liberty brand ammunition; an SOG Trident Tonoto brand retractable knife in open position; a black colored pistol magazine that fit with the Sig Sauer P226 and contained 4 rounds of Liberty brand ammunition; and a black-colored, Glock brand, 17 round capacity empty pistol magazine.

iii. Other Evidence in the Garage

In the garage, investigators located a black-colored pistol magazine containing 17 rounds of 9 mm ammunition in Nicholas Sebastian’s’ left front pocket and a black-colored pistol magazine containing 18 rounds of 9 mm ammunition next to Nicholas Sebastian’s body.

Investigators observed five bullet holes on the north side wall of the garage.  In addition, two discharged bullets, which appeared to have been traveling in a northeasterly direction, were found on the far north side of the western facing garage wall adjacent to the garage door.   In addition, two bullet holes were observed on the driver’s side window and driver’s side rear door of the 2016 Chrysler 300 located in the garage.  Investigators also observed three bullet impact marks on the driver’s side of the vehicle.

C. Other Evidence

Investigators observed five bullet holes on the south side of 325 Garrison Circle.  All five bullets were recovered.  Investigators observed that these bullet holes corresponded with the bullet holes on the north side wall of the garage at the 218 Manchester Ln. residence.

Investigators observed a bullet hole on the driver’s side A-frame of Deputy Arnold’s squad, parked on the west side of Manchester Lane, north of the 218 Manchester Ln. residence.

Inside the 218 Manchester Ln. residence, investigators observed damage to the master bathroom door upstairs.

D. Autopsy

Nicholas Sebastian died of multiple gunshot wounds.  Prior to the autopsy, Nicholas Sebastian was found to be wearing a bullet proof vest underneath a red sweatshirt.

Testing of Nicholas Sebastian’s blood drawn at the autopsy revealed a blood alcohol concentration of 0.18 g/dL and the presence of cocaine, opioids, and benzodiazepines.

E. Relevant Electronic Evidence

i. Deputy Bodway's Squad Video

Deputy Bodway’s department-issued squad vehicle was equipped with a dashboard camera.  During the incident, Deputy Bodway’s vehicle was parked on the west side of the street south of 218 Manchester Ln. facing north.  The quality of the video is poor.

At the time of the shooting, the video depicts Deputy Arnold walking up to the front door.  The video then depicts Deputy Arnold approaching the garage.  The video then depicts Deputy Bodway turning on his flashlight and illuminating the garage area from the street west of the 218 Manchester Ln. residence.  The video then depicts Deputy Arnold and Nicholas Sebastian exchanging gunfire at point blank range as Nicholas Sebastian emerges from the garage with what appears to be a raised gun.  The video then depicts Nicholas Sebastian retreating back into the garage and out of sight.  The video thereafter depicts Deputy Arnold moving north across the driveway in an arcing pattern as he continues to fire his weapon into the garage.

After the shooting, Deputy Bodway’s shoulder-mounted microphone activates.  The viewer can hear Deputies Bodway and Arnold attending to Mecca’s gunshot wound.  The video depicts other officers and ambulances arriving.  Of note, at the 11:45 mark, the viewer can hear Deputy Bodway while speaking to “L.T.” or Lt. Embry state, “yeah, literally walked up, door, door came down, he retreated into the house, in the garage, door comes back up, still going up, and he just starts blasting as we’re walking up.”

An enhanced version of this video, which is zoomed in considerably and slowed down to one-third speed, depicts Nicholas Sebastian emerge from the garage and fire at least four shots, as is evidenced by the muzzle flashes (beginning at 0:35), at Deputy Arnold at point blank range before retreating into the garage.

ii. Xfinity Security Camera

The interior of the 218 Manchester Ln. residence was equipped with an indoor security camera.  The camera was pointed southwest and its field of view captures the front stairs and front door.  Just prior to the shooting, the video depicts Nicholas Sebastian and Mecca arguing about Nicholas Sebastian’s substance abuse.  During the argument, Mecca states that Nicholas Sebastian had just “kicked down a door.”  The video then depicts Nicholas Sebastian stating, “you called the cops, huh”?  The video then depicts Nicholas Sebastian close the front door as Mecca walks past him and moves off screen north, toward the garage.  While shutting the door, Nicholas Sebastian states, “you called the cops, so we’re all gonna die.”

The video then depicts Nicholas Sebastian turn away from the door, remove a black pistol from his sweatshirt pocket, and move quickly toward the garage in pursuit of Mecca.  The video then depicts Nicholas Sebastian moving off screen toward the garage stating, “no, no, no, no, no - don’t open that door - don’t open that door bitch - I’ll shoot you.”  The video then depicts Deputy Arnold knocking on the front door.  Thereafter, five gunshots can be heard.  The video then depicts two children run down the stairs and toward the front door and then run back upstairs as multiple more gunshots are heard.  This part of the video has been blurred to protect the identities of the children.

iii. Mecca's Cellphone

On January 11, 2022, Nicholas Sebastian sent Mecca the following text messages between 12:41 a.m. and 12:59 a.m.

You left me here with the kids in the car keys when you took the car keys give me the car keys now

If I don’t consider car key and 10 minutes I’m gonna kill everyone that’s on you

I guess you want your kids to die bringing my car keys in 2 minutes or I kill everyone.

Please I’m going to kill everyone just giving my keys I’m asking you nicely please.

F. Deputy Arnold's Blood Test

i. Lab Results

Pursuant to the Illinois Police and Community Relations Improvement Act (50 ILCS 727/1-25) and McHenry County Sheriff’s Office policy, Deputy Arnold submitted to requisite drug and alcohol testing.

At 5:29 a.m. on January 11, 2022, two vials of Deputy Arnold’s blood were drawn at Northwestern Woodstock Hospital.  The blood was drawn using an Illinois State Police “DUI Kit,” which is a standardized kit for blood draws that consists of two grey top vacuum tubes and labels. 

The blood was sent to the Northeastern Illinois Regional Crime Laboratory that forwarded it to NMS Labs in Pennsylvania in accordance with procedure in police involved shootings.  An initial test by NMS Labs revealed the possible presence of “inhalants.”  A second more diagnostic test revealed the presence of 1, 1-difluoroethane (DFE) at a concentration of 6.8(± 2.1) mcg/mL.     

DFE is a colorless and odorless gas that is used as a propellant in consumer products like keyboard cleaners.  It may also be found as a refrigerant and chemical intermediate. DFE has been recognized as a substance of abuse.  Like other fluorinated hydrocarbons inhalation or “huffing” of DFE may result in an altered mental state and feelings of euphoria, light-headedness, and disorientation.  The intoxicating effects of inhalation generally only last a few minutes.  Other side effects include cough, runny nose, and congestion. 

After acute inhalation in an effort produce a high, DFE may be detectable in a person’s blood for up to 18 hours.  Due to its volatility, the measured concentration in a blood sample may be lower than the concentration present at the time of specimen collection.

According to forensic toxicologists at both Northeastern Illinois Regional Crime Laboratory and NMS Labs, it is unlikely that normal environmental exposure, such as normal use of a consumer product, could explain the concentration of DFE found in Deputy Arnold’s blood.  Neither toxicologist is aware of an instance in which a blood sample’s positive result for DFE was subsequently explained by some type of contamination.  Both toxicologists indicated that the result is most consistent with “intentional use.” 

ii. Subsequent Investigation

After receiving the NMS Labs report on April 21, 2022, we requested that MIAT conduct a follow-up investigation into the circumstances of Deputy Arnold’s positive blood test.

On May 2, 2022, Deputy Arnold’s squad car was searched.  The search revealed, among other things, numerous used tissues in the cab of the vehicle and an empty Gatorade bottle in the trunk.  The Gatorade bottle had an “an odd residue that speckled the entire inside of the bottle.”  The Northeastern Illinois Regional Crime Laboratory, after much discussion and consideration, indicated that it did not believe that “testing” of the Gatorade bottle would be productive.  The prospect of further testing is still being explored.

We reviewed the forward facing dashcam footage from Deputy Arnold’s squad car that activated for approximately five minutes after he was dispatched to the 218 Manchester Ln. residence.  Though the camera’s upward facing angle is not ideal, no obvious signs of poor driving or traffic violations were observed.

As part of the subsequent investigation, Lt. Embry was reinterviewed on May 11, 2022.  Lt. Embry stated that he had previously served in the Sheriff’s Office’s narcotics division for “years.”  Lt. Embry stated further that based on his observations of Deputy Arnold on-scene, Deputy Arnold did not appear to be under the influence of an intoxicant.    

As part of the subsequent investigation, Deputy Kim was interviewed on May 12, 2022.  Deputy Kim stated that “he knows Deputy Arnold “both on and off duty” and had worked on the midnight shift with Deputy Arnold for “a month or two” prior to the shooting.  Deputy Kim stated further that he has never seen or suspected Deputy Arnold to be under the influence of drugs or alcohol. 

Deputy Kim stated further that on January 11, 2022, he responded to 218 Manchester Ln. after the shooting.  Deputy Kim stated further that after being on scene for approximately 20 minutes, he was told to sit with Deputies Arnold and Bodway in a squad car.  Deputy Kim stated further that while sitting in the squad, Deputies Arnold and Bodway “seemed to be ok, but a little amped up.”  Deputy Kim stated further that after approximately 30 minutes of sitting with Deputies Arnold and Bodway, he was told to transport them to the Sheriff’s Office. 

Deputy Kim stated further that he was assigned to sit with Deputies Arnold and Bodway at the Sheriff’s Office until they were transported to Northwestern Hospital for the blood draw.  Deputy Kim stated further that he followed the squad car that transported Deputy Arnold to Northwestern Hospital.  Deputy Kim stated further that Deputy Garafol sat with Deputy Arnold at the hospital.  Deputy Kim stated further that based on his observations, Deputy Arnold did not appear to be under the influence of an intoxicant at any time on January 11, 2022.

As part of the subsequent investigation, Deputy Garafol was interviewed on May 4, 2022.  She stated that she sat with Deputy Arnold on January 11, 2022 at Northwestern Hospital prior to his blood being drawn.  Deputy Garafol stated further that she observed nothing unusual or noteworthy.  Deputy Garafol stated further that Deputy Arnold did not appear to be under the influence of an intoxicant.

As part of the subsequent investigation, Deborah Staedter, the nurse who drew Deputy Arnold’s blood was interviewed on May 4, 2022.  Nurse Staedter stated that she has been a nurse since 1999 and performs “several hundred blood draws a year and a DUI kit at least every 6 weeks.”  Nurse Staedter stated that she remembers drawing the blood of one of the deputies on January 11, 2022 and did so without incident in accordance with procedure.  Nurse Staedter stated that she did not chart or recall observing anything irregular or noteworthy during the blood draw.

As part of the subsequent investigation, Jim Popovitis, Chief of Operations at the McHenry County Sheriff’s Office, was interviewed on May 3, 2022.  Chief Popovitis stated that he spoke with Deputy Arnold at the Sheriff’s Office in the early morning hours of January 11, 2022.  Chief Popovitis stated further that Deputy Arnold did not appear to be under the influence of an intoxicant.  Chief Popovitis stated further that he responded to Northwestern Hospital at approximately 5:00 a.m. on January 11, 2022, collected Deputy Arnold’s DUI kit from hospital staff, and transported the kit back to the McHenry County Sheriff’s Office where he secured it into evidence.

On May 24, 2022, MIAT investigators sought again to interview Deputy Arnold.  On the advice of counsel, Deputy Arnold declined to be interviewed.

II. Relevant Law

Pursuant to 720 ILCS 5/7-1:

(a) 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.

Pursuant to 720 ILCS 5/7-5:

(a-10) A peace officer shall not use deadly force against a person based on the danger that the person poses to himself or herself if a reasonable officer would believe the person does not pose an imminent threat of death or serious bodily injury to the peace officer or to another person.

(b) A peace officer making an arrest pursuant to an invalid warrant is justified in the use of any force which he would be justified in using if the warrant were valid, unless he knows that the warrant is invalid.

(d) Peace officers shall use deadly force only when reasonably necessary in defense of human life. In determining whether deadly force is reasonably necessary, officers shall evaluate each situation in light of the particular circumstances of each case and shall use other available resources and techniques, if reasonably safe and feasible to a reasonable officer.

(f) The decision by a peace officer to use force shall be evaluated from the perspective of a reasonable officer in the same situation, based on the totality of the circumstances known to or perceived by the officer at the time of the decision, rather than with the benefit of hindsight, and that the totality of the circumstances shall account for occasions when officers may be forced to make quick judgments about using force.

III. Conclusion

We believe that Deputy Arnold was justified in the use of deadly force against Nicholas Sebastian in defense of Mecca’s and his own life.  At the time of the shooting:

1. Nicholas Sebastian was armed with a firearm and equipped with a bullet proof vest;
2. Nicholas Sebastian verbally indicated his intent to effectuate Mecca’s, the children’s, and his own death;
3. Nicholas Sebastian used deadly force against Mecca by firing at her five times, striking her once;
4. Mecca was incapacitated and remained only feet away from Nicholas Sebastian; and
5. Nicholas Sebastian moved toward Deputy Arnold, face forward, with a weapon drawn and fired his weapon multiple times from only a few feet away as evidenced by the Bodway squad video and the 12 Liberty brand spent shell casings found in or near the garage.

We are gravely concerned that Deputy Arnold may have used an intoxicant prior to his shift or while on duty.  This matter is subject to an ongoing investigation.  The lab result alone, however, is insufficient to change our opinion as to the lawfulness of the shooting.  In view of the short-lived effects of DFE and lack of any observed outward signs of impairment, there is no evidence that Deputy Arnold was under the influence at the time of the shooting.  Moreover, Nicholas Sebastian’s deadly intent and conduct has been established independent of any account given by Deputy Arnold and arose independent of Deputy Arnold’s actions.