Chicago Police Department Issues Investigative Alert to Question Tony Allen

The Chicago Police Department issued a special law enforcement alert yesterday to pick up and detain Boston Celtics guard Tony Allen for questioning in relation to a shooting that occurred at a Chicago restaurant five weeks ago. (Roman Modrowski, "Police Want to Ask Celtics About Restaurant Shooting," Chicago Sun Times, 10/4/2005). During that shooting, Allen is said to have directed a member of his entourage to "F--- him up," in reference to Marktwain Johnson, who was then shot in the arm and torso.

Importantly, an investigative alert is not an arrest warrant. What's the difference? An investigative alert means the police have probable cause to 1) stop Allen; 2) detain him for a reasonable period of time; and 3) question him about the shooting. An investigative alert is thus a mechanism to gather evidence from eye-witnesses (and typically witnesses that are not readily available or are somehow unwilling to cooperate). In contrast, had the Chicago Police Department issued an arrest warrant, it would have required a signed and sworn affidavit showing probable cause that Tony Allen committed at least one specific crime. In other words, an investigative report alert indicates that the Chicago Police Department does not (yet) have probable cause that Allen committed a crime. That may seem like good news for Allen, except that investigative reports often lead to arrest warrants, so this is not necessarily a positive turn of events for Allen.

For that reason, don't be surprised if Tony Allen is charged with a crime in the near future. Possible charges may include armed assault with intent to murder, aggravated assault, and felony battery with serious bodily injury. However, even if he is charged, he is obviously innocent until proven guilty, and given the murkiness of what occurred at 3 AM that morning, a prosecutor may encounter great difficulty proving that Allen committed a crime beyond a reasonable doubt.

See 10/20/2005 Update: Tony Allen Charged with Aggravated Battery

See 9/24/2005 Past Coverage: The Tony Allen Story: Gunshots, Punches, and Mysterious Knee Injuries

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