Abnerd Joseph: Toxicology, Police Report, and Bodycam videos: Selected Public Records

Abnerd Joseph: selected public records relating to Smith v. Charles, et al., Case No. 2024-L-010547, Circuit Court of Cook County, Illinois.

Chicago Police Report on Shooting at 60 E. Monroe Street (The Legacy) 14 September 2023 JG424436: includes Abnerd Joseph toxicology

Chicago Police Report JG424436 - motion exhibit C (PDF)
Chicago Police Report JG424436 - motion exhibit C
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."

Select Chicago Police Department Bodycam Videos

Select Chicago Police Department Bodycam Videos

Smith’s Motion for Summary Judgement

Smith’s Motion for Summary Judgement (PDF)
Smith’s Motion for Summary Judgement
Excerpts
"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

Andrew Clement's counterclaim against the estate of Abnerd Joseph for battery (PDF)
Andrew Clement's counterclaim against the estate of Abnerd Joseph for battery
Excerpts
"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

Younan "Jonah" Neena's counterclaim against the estate of Abnerd Joseph for battery and assault (PDF)
Younan "Jonah" Neena's counterclaim against the estate of Abnerd Joseph for battery and assault
Excerpts
"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."