A Cook County judge’s order blocking the release of materials – including body-worn camera footage – continues to obscure the public’s understanding of what truly happened to Officer Krystal Rivera six months after her death.
Rivera was fatally shot by her partner, Carlos Baker, during an incident on June 5, which began with the two officers pursuing a subject into an apartment building near 82nd and Drexel.
From there, the facts are disputed.
Attorneys for the police union and those representing Baker argue that as Baker entered the doorway of the apartment building, he was confronted by a person pointing a rifle at him and that when he turned, he lost his footing and that his gun fired, striking Rivera.
In a newly filed wrongful death lawsuit filed this week, attorneys representing the family of slain officer argue that Rivera’s death was preventable; that her police partner in the 6th district, Carlos Baker, had also been her “on-again-off-again” romantic partner and that he failed to render proper aid.
The nine-county lawsuit also alleges that the City of Chicago was negligent in that it kept Baker on the force who they allege was unfit to serve.
“He was the only person who could call for help and render aid and he chose to do neither. Those willful and wanton choices clearly contributed to her death,” attorney Tony Romanucci said during a Thursday news conference.
Baker’s attorney and the police union dispute that.
And in a statement to NBC 5 Investigates, Baker’s attorney, Tim Grace, said that Officer Baker “shares with Krystal’s family the overwhelming grief that accompanied her death.”
The lengthy statement went on to read:
“… While moving to seek cover and unbeknownst to him, (Baker’s) weapon unintentionally discharged striking Krystal. The height of both officers, their location, the angle of the service weapon and the exact positioning of both officers created a unique, dynamic and deadly circumstance that could not be duplicated in a controlled environment not to mention the actual situation they were confronted with. The true facts will reveal, that Carlos immediately called for EMS, carried Krystal to safety, and ensured she was being transported to the hospital. He then reentered the apartment to apprehend the offenders. The body worn camera videos will support these facts and challenge the accuracy and veracity of the allegations made in the complaint.”
In a video statement, local Fraternal Order of Police lodge president John Catanzara was critical of the lawsuit.
“The accusation that he didn’t render aid and let her die is probably the most egregious and disgusting accusations. Even the family has seen the body cam. If anybody sees the body cam ; hoping the department and the city releases it sooner than later…,” Catanzara said.
But six months after her death, the body camera footage hasn’t been made public.
The judge’s ruling from mid-June bars its release or other materials related to the case. An NBC 5 Investigates public records request for additional records was denied in July – citing the judge’s order.
NBC 5 Investigates and other news outlets even took the issue to court, asking to intervene in the case against two suspects Baker and Rivera pursued in an effort to prompt the release of the materials. Our request was denied. We plan to appeal.
There are still a lot of questions. And a family, still grieving, seeking answers.
“We miss her laughter, her spirit, her light. The grief does not ease with time. It follows us every day,” said Yolanda Rivera, Krystal’s mother.
During a Thursday news conference, the attorneys for the fallen officer revealed that Carlos Baker and Krystal Rivera had been in an on-again-off again romantic relationship for two years and that Rivera broke it off a month before her death.
They also revealed that as far back as 2023, Rivera had requested to be assigned a new partner”… due to concerns for her own personal safety,” the lawsuit alleges.
Baker’s personnel records show he had five awards on his record, but also was brought up on internal charges 24 times in his three years as an officer. All told, he was either reprimanded or suspended related to seven of those complaints.
One of the dismissed complaints came from December 2022, which records show involved a woman who complained that Baker showed up at a bar, asked about guy she was with, and showed her his gun that was in his waistband. The case was dropped by the Civilian Office of Police Accountability due to insufficient evidence.
Baker also received a reprimand for failing to make an arrest or take a domestic violence report during his probationary time as an rookie officer.
And this summer, Baker was stripped of his police powers. The lawsuit alleges it was tied to an August incident where he was accused of attacking a female off duty officer at a bar two months after Rivera’s death.
We did reach out to the Rivera’s law firm again to ask about the pushback from Baker’s attorney and the FOP. They declined to provide additional comment beyond what they’ve already said and allege in their lawsuit.
The CPD and the city said they do not comment on pending litigation.
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