The former cop who fatally shot Rekia Boyd and was acquitted of involuntary manslaughter is seeking to get his record expunged of any criminal charges.
Dante Servin was off duty and in regular clothes when he shot 22-year-old Boyd in March 2012. He was driving by a park by his home when Antonio Cross approached his car. Servin believed Cross had pulled a gun, so he shot his firearm over the man’s shoulder while continuing to drive away. The bullet wounded Cross’ hand but ended up in the back of Boyd’s head, who was standing with her friends about 30 feet behind Cross. She died the next day.
The 21-year veteran was charged with involuntary manslaughter but was acquitted of the charges by Cook County Judge Dennis Porter, which sparked protests. The judge believed Servin should have been charged with murder.
Seven years after the fatal shooting, the 51-year-old wants record of his past criminal charges to be erased, reports the Chicago Tribune. If the manslaughter charges he was acquitted of were to be successfully expunged, not only would they not be public record, they would also be removed from law enforcement databases as well.
According to Servin’s lawyer, Matt Fakhoury, it’s important to get the charges eradicated so the former officer can move forward and get a steady job.
“We’re trying to get him the fresh start he deserves,” said the attorney.
Since the incident, Servin has been diagnosed with PTSD, anxiety and “extreme depression,” said Fakhoury.
The efforts, which began in April, have been met with opposition from the Cook County’s state attorney’s office on grounds of “public policy.”
“The nature and facts of the crime are such that the public, employers and law enforcement should have access to [Servin’s] record,” its filing said.
The attempt for expungement has also been met with disapproval by Boyd’s brother Martinez Sutton, who was not aware of Servin seeking erasure of his record until contacted by the Chicago Tribune.
He said it is “unfair not only to the family but to the city of Chicago.”
“I don’t believe that [Servin] can be trusted,” Sutton said. “I’m still perturbed that this guy is still out here and he’s able to roam around like this.
Judge Porter acquitted Servin before defense presented its case. He said prosecutors had failed to prove the officer acted recklessly, adding that the charges should have been for first-degree murder because Servin said he intentionally shot at Cross to protect himself.
In regards to the expungement, Sutton said Porter’s reasoning for throwing out the charges should also be grounds for not erasing the record.
“If a judge is stating that if anything this case should have been charged as murder, then why should he be able to live a free and happy life and his so-called blemishes erased? I just don’t see that.”
Servin resigned from the police department days before there was a hearing to determine if he should be fired, ensuring his pension.
A hearing has been scheduled for next month.