The Cook County State’s Attorney’s Office opposed a petition on Mar. 24 that called for the appointment of a special prosecutor to investigate alleged crimes by federal agents, describing the request as “baseless” and “illogical,” according to court documents.
The petition, filed by Chicago law firm Loevy and Loevy and signed by nearly 250 officials, faith leaders, organizations, and residents, argues that State’s Attorney Eileen O’Neill Burke has failed to act on reported incidents involving federal agents. These incidents include the fatal shooting of Silverio Villegas González in Franklin Park last September and other events involving force against protesters.
Attorney Locke Bowman of Loevy and Loevy said after Tuesday’s hearing that the petition does not ask anyone to break the law. “We are here asking the elected State’s Attorney to do her job,” Bowman said. He added: “A murder was committed, there was an attempted murder, months and months have gone by, massive additional crimes have been committed and as far as we can tell, no prosecutorial action has been taken.”
In response to these claims during a hearing before Judge Erica Reddick, O’Neill Burke argued that those seeking a special prosecutor simply disagree with her decisions. She said they want her office to make decisions based on public sentiment or media reports rather than evidence collected through criminal investigations. She also reiterated that her office cannot independently investigate criminal conduct unless brought forward by another law enforcement agency.
O’Neill Burke cited a 2017 Illinois Supreme Court decision stating local state’s attorneys may only investigate when other agencies inadequately handle cases or request assistance. “Acting outside the bounds of the law comes with a price,” wrote her office in its response.
Steve Art of Loevy and Loevy described claims that petitioners want O’Neill Burke to violate legal boundaries as “a step too far.” He said: “There is absolutely nothing that stops the state prosecutor from looking into, from evaluating evidence and bringing charges where the state prosecutor sees that a crime has been committed.” Art referenced recent actions in Minnesota where Hennepin County Attorney Mary Moriarty opened investigations into alleged crimes by federal immigration agents following two deaths in Minneapolis.
Special prosecutors are usually appointed if there is a conflict of interest within a state attorney’s office; for example, Dan Webb was assigned after Kim Foxx recused herself from the Jussie Smollett case due to familiarity with witnesses. The current petition alleges such conflicts exist because O’Neill Burke must work closely with federal agencies or could face pressure from high-level officials—an argument she dismissed as unfounded.
Bowman said petitioners will review O’Neill Burke’s response before submitting their final arguments ahead of an April 10 hearing.
