VIDEO: David Malito's Death After Joliet Police Encounter At Shell
JOLIET, IL — The Joliet Police Department has released to Joliet Patch the body camera videos from the officers who responded at 4:25 a.m. on Christmas to the Shell gas station on Larkin Avenue, where David Malito later collapsed near the fuel pumps. The 39-year-old Joliet native was pronounced dead about 45 minutes later at the St. Joe's hospital room emergency room.
The three primary Joliet police who arrived at the Shell gas station were officers Andrea Espinoza, Oliwia Nowak and Christopher Meza. Officer Meza's police report is published at the bottom of this story.
"The Joliet Police Department acknowledges the concerns and emotions expressed by members of our community following the December 25th, 2024, incident at the Shell gas station, where David Malito tragically lost his life due to an overdose," Joliet police spokesman Dwayne English told Joliet Patch on Wednesday.
"Our thoughts remain with his family, loved ones, and everyone impacted by this loss. A thorough, independent investigation conducted by the Will-Grundy Major Crimes Task Force, along with findings from the Will County Coroner's Office, determined that Mr. Malito's cause of death was a drug overdose. The elements of this case were reviewed by the Will County State's Attorney Office, who found no evidence of wrongdoing or misconduct by the Joliet Police Department officers involved," English said.
In 2011, Malito received a four-year prison sentence to the Illinois Department of Corrections after being convicted of unlawful delivery of controlled substances in Joliet. Will County Courthouse records show that Malito sold cocaine to an undercover Joliet police officer on July 8, 2010.
As for the events surrounding Malito's death on Christmas Day, you can view one of the Joliet police body camera videos at the bottom of this story. The officer's body camera video showed the Joliet police locating Malito inside the Shell station, where he was screaming that someone was following him, trying to kill him.
Multiple officers canvassed the entire gas station and found nobody chasing after Malito.
"Please don't kill me!" Malito began screaming inside the Shell. "Please, help me!"
As two male officers escorted Malito outside toward a squad car, a female officer approached Malito in a calm manner and politely asked, "What's going on?"
"He's trying to kill me!" Malito exclaimed. "I'm scared!"
The female officer can be heard at the 1:30 minute mark of the video exclaiming, "he's definitely on something."
At one point, Malito turned and spun away from the officers, yelling, "I'm scared."
"What's your name? We'll have someone check you out. Relax, relax," a female officer assured him.
"Don't kill me!" Malito screamed. "I love you! Help! Help! Help! Please, help me!"
Finally, at the 2:44 minute mark of the body camera video, Malito pulled away from Officer Meza and crashed into one of the garbage cans near the fuel pumps. The officers had not pushed Malito or thrown him to the ground, the video footage showed.
Once on the ground, Malito resumed screaming as officers tried to handcuff him.
About 45 seconds later, an officer calmly told him, "Breathe for me, OK? Just relax, relax."
As officers put the handcuffs behind Malito's back, Officer Meza knelt near Malito's shoulder area to keep him still while Officer Nowak sat on his feet. Malito briefly yelled a few more incoherent sounds and by the 4:35 minute mark of the video, he stopped making noises or struggling with the officers.
"Deep breath, brother," Officer Meza advised.
By the 5:10 minute mark, the same officer exclaimed, "he's turning purple. He's turning purple. He's turning purple. Wait. Roll him on his side."
"Is it an overdose?" a female officer inquired.
"Narcan!" the male officer ordered. "He's turning purple."
"He's foaming from the mouth," a female officer recognized.
At the 5:40 minute mark, the male officer grabbed his police radio and announced, "We just deployed Narcan. He's unconscious, not breathing."
"OK, I got an AED," another male officer approached.
"He's coming up, he's coming up," a female officer noticed.
At the 6:06 minute mark, an officer said, "he's trying to catch his breath. 'Hey, there you go.'"
"Breathe, breathe, breathe," a female officer urged Malito.
"He's gasping for air at the moment," an officer advised dispatch. "Still not responding."
"OK, so get the handcuffs off," another officer advised everyone.
The Joliet Fire Department ambulance arrived at the Shell by the 6:30 minute mark of the video. Joliet's paramedics began chest compressions after Malito was turned over to his backside.
"What was happening before this?" the Joliet Fire paramedic asked.
"He's sweating profusely," a male officer explained. "He's saying that there's somebody out here to kill him. We tried to bring him outside. He starts panicking. He starts freaking out. We detain him. He falls to the ground. We put the cuffs on him. We get him there and right away, I look at his face and see, he just turns purple, so we got him back on his side."
"OK, everyone, let's jump in and pick him up," the Joliet paramedic ordered.
Moments before the patient was loaded into the ambulance, a Joliet police officer is overheard declaring, ""David Malito, maybe."
"David Malito?" one of the first responders repeated.
At 5:14 a.m., a doctor at St. Joe's hospital declared Malito dead.
Joliet Police Officer Kent Liebermann's report, posted below, noted that Malito appeared to be delirious and fellow officers later discovered two separate crashes involving Malito's vehicle, several blocks away from the Shell station where Malito ran.
According to his obituary, "Junior shared an incredibly close bond with his twin brother and best friend, Anthony. Junior was a proud 179 teamster and worked for Con Global. He took pride in being a hard worker like his father and would always look forward to early morning conversations with his dad before starting his workday ... He always dressed nice and enjoyed looking as good as he felt. His smile and laughter was contagious. Junior will be deeply missed by all blessed to have known him."
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