Full Breakdown
Lawsuit Filed Following Death of David Malito in Police Custody
12/25/2025, 4:35:41 AM
Incident Overview
On December 25, 2024, David Malito, a 39-year-old resident of Joliet, Illinois, died shortly after an encounter with three Joliet police officers at a Shell gas station. Malito had called 911, reporting that he was being threatened and was in distress. Upon arrival, officers found him behaving erratically, displaying signs of a mental health crisis, including irrational fears and rapid speech. Despite being cooperative initially, Malito was restrained by the officers, leading to a struggle that resulted in his death.
Legal Action and Allegations
Malito's family has filed a federal lawsuit against the Joliet Police Department and the three officers involved: Christopher Meza, Oliwia Nowak, and Andrea Espinosa. The lawsuit alleges excessive force, wrongful death, and failure to intervene. According to the lawsuit, Officer Meza applied significant pressure to Malito's back while he was handcuffed and not resisting, which allegedly led to Malito's respiratory distress and subsequent cardiac arrest. The family claims that the officers ignored clear signs of Malito's distress, as he became limp and unresponsive during the restraint.
Background Context
The lawsuit comes in the wake of a report by the Illinois Attorney General's Office, released just weeks before Malito's death, which identified a pattern of excessive force by the Joliet Police Department. The report highlighted systemic issues within the department, including inadequate crisis intervention practices. This context raises questions about the officers' training and adherence to protocols when dealing with individuals experiencing mental health crises.
Official Statements and Responses
Joliet Police Chief Bill Evans defended the actions of the officers, stating that they were following protocol in response to Malito's erratic behavior. He emphasized that the department has made efforts to improve its practices since the Attorney General's report. The Will County Coroner's Office later determined that Malito died from accidental cocaine intoxication, a finding that the police cited to absolve the officers of wrongdoing.
Criticism and Opposition
Critics, including Malito's family and their attorney Ian Barney, argue that the officers' actions were excessive and contributed directly to his death. They assert that the officers should have recognized Malito's mental health crisis and acted accordingly, rather than resorting to physical restraint. The lawsuit claims that the Joliet Police Department fosters a culture of impunity, allowing officers to engage in excessive force without fear of accountability.
Conflicting Reports and Gaps
There is a discrepancy between the police's account of the incident and the family's allegations. While police maintain that Malito was a threat and required restraint, the lawsuit contends that he posed no danger and was compliant during the encounter. Additionally, the timeline of events leading to Malito's loss of consciousness and the officers' response remains a point of contention.
What's Next
The lawsuit filed by Malito's family seeks accountability for his death and calls for systemic changes within the Joliet Police Department. As the case progresses, it may prompt further scrutiny of police practices in handling individuals with mental health issues, particularly in light of the findings from the Illinois Attorney General's investigation.
