The case is in an "Exceptionally Clear Closed (Other Exceptional) Bar to Prosecute status," indicating
the case is closed and no charges will be filed.
Excerpts
"toxicology results [for Abnerd Joseph] revealed the following substances: 11-Hydroxy Delta-9 THC,
Amphetamine (Adderall etc), Benzoylecgonine (cocaine derivative), Delta-9 Carboxy THC, and
Delta-9 THC."
According to Andy Clement "JOSEPH then rushed toward Jonah and began to strike him about the head
and body. Jonah tried to fend off the attack
and began to retreat. At some point, Jonah ended up behind Andy and JOSEPH then struck Andy
one time in the face causing him to fall to the ground. Andy believed he was 'knocked out' for a bit
of time."
"SCHOTT related to responding officers that he heard a
disturbance through the door and heard someone say, 'I will shoot.'"
"NENA stated the male Black 'punched the shooter, and the shooter fired four to five
shots'."
"John BISHOP related he and his wife Natalie were headed to dinner and pressed the elevator
button to leave the 48th floor. John BISHOP said the elevator door opened and a male Black in a
blue robe starting yelling 'Fucking white crackers'."
... "BISHOP stated, 'the guy was pissed, angry out of his mind' when he referenced the demeanor of the
male Black"
"BENT said prior to the shooting he received a phone call from Casey, a fraternity brother at Florida
State University, to inform BENT as to JOSEPH's mental state, Casey stated, 'something was
wrong with him, and he is not okay'. BENT received the call from Casey requesting BENT conduct a
well-being check because he had a close relationship with 'Nerd' and BENT was local to JOSEPH.
BENT described his fear that JOSEPH may 'jump from the building'..."
"R/D [reporting Detective] spoke with the Cook County States Attorney's Office Assistant
States Attorney
Jennifer McCarty and presented the facts of this case. After reviewing the facts of this investigation,
ASA McCarty Rejected Charges for First Degree Murder at 1354 hours.
R/D requests this case be placed into an Exceptionally Clear Closed (Other Exceptional) Bar to
Prosecute status."
"Nena greeted Joseph and asked
what was going on, to which Joseph responded, “oh, my fucking buddy is here.” (Ex. O at 72:22-
77:16; Ex. P at 17:40-18:17.) He then punched Nena several times in the head. (Id.) Nena staggered
backwards and tried to duck more punches. (Id.) Joseph then struck Clement, who was 47 years
old, 6’ 4” tall, and very fit. Joseph knocked him unconscious with one blow. (Id. at 77:22-78:22;
Ex. B 238:14-19; Ex. J at 22:03-22:07; Ex. R at 75:20-23, 84:21-22, 109:7-16.) Joseph then turned
his attention to Smith. (Ex. O at 80:12-82:11.) Smith backed away, yelled for Joseph to stop hitting
people, and warned Joseph that he had a gun. Joseph, undeterred, charged at Smith." ...
"Joseph had several controlled and illicit substances in his body at the time of his death. The
toxicology report confirms the presence of amphetamines, a cocaine metabolite, a THC metabolite,
and a marijuana ingredient. (Ex. X.) It is undisputed that these substances contributed to, triggered,
or caused, Joseph’s violent, dissociative state. (Ex. Y at 13; Ex. Z at 6-11; Ex. AA at 5.) Clement and Nena
credit Smith with saving their lives. (Ex. A at 21; Ex. N at 170:12-18.)"
Andrew Clement's counterclaim against the estate of Abnerd Joseph for battery
"On or about September 14, 2023 in Cook County, Illinois, Plaintiff's/Counter- Defendant's decedent, ABNERD
JOSEPH, was involved in a discussion with multiple witnesses in which ABNERD JOSEPH, physically punched
Defendant/Counter-Plaintiff, ANDREW CLEMENT (hereinafter “Defendant Clement”) which constituted a harmful
and offensive contact without consent.
Shortly after ABNERD JOSEPH physically punched Defendant Clement, Defendant Clement lost consciousness and
fell to the ground."
Younan "Jonah" Neena's counterclaim against the estate of Abnerd Joseph for battery and assault
"Joseph suddenly and violently attacked Nena without provocation.
At that time and place, Joseph intentionally made physical contact with Nena’s
body by striking Nena twice with his right fist.
Thereafter, Joseph intentionally attempted to punch Nena with his left fist but did
not make physical contact with Nena’s body.
After Joseph failed to strike Nena with his third punch, Nena attempted to move
away from Joseph.
After Joseph attacked Nena, Nena witnessed Joseph attack other individuals
involved in the discussion on the 48th Floor in a violent, aggressive manner."