A fatal police-involved shooting that occurred in Aurora, Illinois in southwest DuPage County around 7:00 p.m. Friday, September 27, 2024 has been assessed to be justified, according to DuPage County State’s Attorney Robert B. Berlin. The police shooting of a suspect, Nicholas Novak, occurred after a home invasion and a police pursuit that ended just before the suspect began firing a shotgun at police. Additionally, there was cellphone forensic evidence that indicated “suicide by cop” may have been intended by the suspect.
DuPage County State’s Attorney Robert B. Berlin announced Thursday, April 24, 2025, “Every case involving the use of deadly force by a police officer must be carefully and thoroughly investigated. Such scrutiny is required to ensure the protection of the civil rights of those involved and to maintain the public’s confidence in law enforcement.”
“After a thorough and extensive investigation conducted by the Illinois State Police surrounding the shooting death of Nicholas Novak by a Plano police officer/Kendall County sheriff’s deputy, it is my determination that the officers, Officer David Svehla and Deputy Tyler Giannotti, who discharged their weapons a total of sixteen times between them, striking Nicholas Novak once in the left upper quadrant of the abdomen, were legally justified in their actions and that no criminal charges will be filed against Officer David Svehla or Deputy Tyler Giannotti.
In reaching this conclusion, my staff and I carefully reviewed the applicable law and thoroughly examined all the evidence, including but not limited to:
Witness interviews
Body worn camera and squad videos
Photographs and videos from the scene
Physical evidence
Crime Lab reports
Illinois State Police Investigative File
Plano Police Department reports
Kendall County Sheriff’s Office reports
Aurora Police Department reports
San Jose Police Department reports
LEADS and police reports from related incidents
Autopsy report
Criminal history records
On September 27, 2024, at approximately 6:38 p.m., KenCom dispatch received a call from Russell Novak, Nicholas Novak’s father, regarding a home invasion at his residence, 3813 Pratt Court in Plano. Novak told the dispatcher he returned home and found signs of forced entry into his home, and that firearms from a closet and at least one shotgun were missing. Plano Officer David Svehla and two other Plano officers responded to the residence. At approximately 6:42 p.m., while enroute to the residence, Officer Svehla was advised of a second call from a neighbor reporting that shots were fired. Officer Svehla also heard over the radio that there was a running vehicle, later determined to be a Ford Bronco, in the garage and heard one of his fellow officers yell “stop.” The officer then radioed that the Bronco was leaving the garage of the residence.
Officer Svehla, who was driving a fully marked Plano Police Department patrol vehicle, then observed the Bronco, later determined to be driven by Nicholas Novak, turning westbound onto Klatt Street at which time he pulled his squad car behind the Bronco and activated his emergency sirens to initiate a traffic stop. The Bronco however, failed to stop and began fleeing from Officer Svehla. Kendall County Deputy Giannotti observed the Bronco being followed by two Plano officers and joined the pursuit. During the pursuit, via radio communication, officers were made aware there was a gunshot victim at the residence of the home invasion. The pursuit of the Bronco continued for twenty-five minutes to the intersection of Route 34 and Eola Road in Aurora, where Novak pulled into the left turn lane and stopped at the light.
Officer Svehla, who was directly behind the Bronco, noticed that Novak put the vehicle in park, and the driver’s side door began to open. Deputy Giannotti moved his patrol vehicle behind the Bronco and to the right, nearly parallel with Officer Svehla’s car. Officer Svehla immediately put his squad in park and exited his car using the door as cover. A male subject, later identified as Nicholas A. Novak, exited from the driver’s seat of the Bronco using his left hand to push open the door while holding a shotgun in his right hand. Novak put his left hand on the gun as he got out of the car and stood up. Officer Svehla repeatedly yelled, “Get out of the car.” Novak raised the gun up, looked at Officer Svehla and pointed the gun at him while stepping up on the concrete median. Officer Svehla stated that he feared for his life, the immediate safety of the public, and the safety of other officers at the scene, and discharged his duty weapon in an attempt to end the immediate threat.
“Deputy Giannotti observed Novak point the shotgun at Officer Svehla and in fear of his life and the lives of others around him, discharged his firearm at Novak. As Officer Svehla began firing his gun, Novak shot his shotgun in Officer Svehla’s direction. Novak then turned and pointed the gun at Deputy Giannotti. Deputy Giannotti and Officer Svehla continued to fire at Novak until Novak fell to the ground and dropped his gun. Officer Svehla yelled, “Don’t move, don’t move.” Novak’s legs fell on top of the shotgun when he fell to the ground. After officers removed the shotgun from underneath Novak’s legs, they rolled him over, placed handcuffs on him and immediately started performing medical treatment on him. Paramedics transported Novak to a local hospital where he was pronounced dead at 8:09 p.m.
“When processing the scene, authorities recovered a Remington 870 tactical shotgun, one discharged 12-gauge shell, five unfired 12-gauge shells and fourteen discharged 9-millimeter cartridge casings from the roadway and the top of the wiper area of Officer Svehla’s squad car.
“The above facts have been evaluated in the context of Illinois law governing the justifiable use of deadly force. In accordance with Illinois law, my staff and I have reviewed the facts and circumstances of the case with special consideration given to the perspective of the officers on the scene. It is important to remember that police officers are often forced to make split-second decisions about the appropriate amount of force necessary to bring a tense, uncertain and rapidly evolving situation under control.
“An investigation into the shooting of Nicholas Novak conducted by the Illinois State Police shows that Novak got out of the Bronco with a shotgun in his hand, faced Officer Svehla, stepped up onto the median and fired his gun in Officer Svehla’s direction before turning and pointing the shotgun in the direction of Deputy Giannotti. Officer Svehla and Deputy Giannotti each returned fire simultaneously and continued to fire at Novak until he fell to the ground and dropped his gun. Immediately after Novak pointed the gun at Deputy Giannotti, Novak was shot one time in the abdomen.
“The entrance and path of the bullet that entered Nicholas Novak’s abdomen was consistent with Officer Svehla’s and Deputy Giannotti’s statements that Novak pointed a gun at Officer Svehla after getting out of his car. The officers’ body camera video also shows Novak facing Officer Svehla with a shotgun in his hand when the shooting begins. The Illinois State Police Crime Lab was unable to determine which gun fired the fatal shot. Both Officer Svehla and Deputy Giannotti perceived the same threat when Novak pointed a shotgun in their direction and both stated that they feared for their life with Deputy Giannotti telling a sergeant at the scene immediately after the shooting, “that’s f****** scary, he pointed that gun right at me.”
“The investigation uncovered phone notes in Novak’s cellular phone that read in part, “Unfortunately, I’m done with life,” a search history that included “murder then fleeing,” “gun suicide,” “Do police shoot to kill” and “suicide by police,” and also revealed that Novak had made suicidal statements to a family member.
“In determining whether the shooting of Nicholas Novak was justified, the fundamental question to be answered is whether Officer Svehla and Deputy Giannotti reasonably believed that Novak posed an imminent threat of death or great bodily harm to the officers or others. The “reasonableness” of a particular use of force must be judged from the perspective of a reasonable officer on the scene, rather than with the 20/20 vision of hindsight. Graham v. Connor, 490 U.S. 389 at 396 (1989). “[H]owever, the ‘reasonableness’ inquiry in an excessive-force case is an objective one: the question is whether the officers’ actions are ‘objectively reasonable’ in light of the facts and circumstances confronting them, without regard to their underlying intent or motivation.” Graham, 490 U.S. at 397. Additionally, The law of the State of Illinois as it applies to the use of force in this matter (720 ILCS 5/7-1 Use of Force in Defense of Person) states that “A person is justified in the use of force against another when and to the extent that he reasonably believes that such conduct is necessary to defend himself or another against such other’s imminent use of unlawful force. However, he is justified in the use of force which is intended or likely to cause death or great bodily harm only if he reasonably believes that such force is necessary to prevent imminent death or great bodily harm to himself or another, or the commission of a forcible felony.” When Nicholas Novak pointed a shotgun at Officer Svehla, fired one shot at him and then turned and pointed the shotgun at Deputy Giannotti, Officer Svehla reasonably believed that Novak was trying to shoot him or the other officers on scene, and that deadly force was necessary to prevent imminent death or great bodily harm to himself and the other officers. When Deputy Giannotti observed Nicholas Novak point a shotgun at Officer Svehla, fire one shot at him and then turn and point the gun at him, Deputy Giannotti reasonably believed that Novak was trying to shoot him or the other officers on scene, and that deadly force was necessary to prevent imminent death or great bodily harm to himself and the other officers.
“Considering the totality of the circumstances, Officer Svehla’s and Deputy Giannotti’s actions were objectively reasonable given the facts that Novak had fired a shotgun at Officer Svehla and pointed the gun at Deputy Giannotti, committed two forcible felonies – first degree murder and home invasion, attempted to escape by use of a deadly weapon and led numerous police vehicles on a twenty-five-minute pursuit. The fact that Novak had made suicidal statements to a family member, coupled with the search history on his phone, supports the theory that Novak was intent on committing “suicide by cop.” Additionally, an autopsy performed after the shooting revealed Novak’s BAC was .153, suggesting that alcohol may have played a factor in his decision-making process that day. Therefore, it is the conclusion of my office that Officer Svehla and Deputy Giannotti acted lawfully and were justified in using deadly force when they fired their service weapons and shot Nicholas Novak.
“I commend the officers from the Plano Police Department, the Kendall County Sheriff’s Office and the Aurora Police Department involved in this incident for their professionalism from the initial call out to Russell Novak’s home to the tragic death of Nicholas Novak. Their concern for the safety and well-being of their fellow officers and the public at large, as well as their efforts to aid Nicholas Novak, is a testament to the excellent training they received from their respective departments. I also thank Illinois State Police Director Brendan Kelly and his team for conducting a thorough and independent investigation, as well as Assistant State’s Attorney Helen Kapas for her valuable assistance.
“It is indeed a tragedy that previous hospitalizations and treatment efforts were unsuccessful in preventing Nicholas Novak from engaging in violent behavior. It is heartbreaking when a loved one meets an untimely death. On behalf of the DuPage County State’s Attorney’s Office, I offer our sincerest sympathies and condolences to the family and friends of Russell and Nicholas Novak as they grieve the loss of their loved ones.”
— DuPage County State’s Attorney Robert B. Berlin
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