Details of cop's death revealed // Reasons disclosed for denial of benefits

Previously undisclosed facts behind the Chicago PoliceDepartment's decision to deny death benefits to murdered Sgt. MichaelGarner were revealed Tuesday in an effort to quell a politicalcontroversy.

A five-member benefits committee ruled Garner's July 12 deathwas not in the line of duty because he was drunk, had an unauthorizedperson in his unmarked police vehicle and never identified himself asa police officer to a man who tried to sell him drugs, Deputy PoliceSupt. Charles Ramsey said.

"If he had lived, he would be facing (disciplinary) actions bythe department," said Ramsey, who chairs the benefits committee."What we have here is a person who was driving a vehicle whileabove the legal limit for intoxication with an unauthorized person,open liquor in the car and he failed to take action when confrontedby a person who was attempting to sell him drugs, even returningtwice to a location where he knew illegal activity was occurring.Where can we prove he was performing duties as a law enforcementofficer?"Attorney Edward R. Vrdolyak, who is representing Garner'sfamily, called the police statement "an absolute cover-up."Vrdolyak said his research shows it is unnecessary for a policeofficer to announce his office to be considered on duty. "When hegot out of his car with a guy approaching him with a gun in his hand,he was acting as a policeman," Vrdolyak said."The city and the police department are without honor andtotally shameful in what they are doing to this man and his honor."Garner's widow, who has campaigned for death benefits withsupport from U.S. Rep. Bobby L. Rush (D-Chicago), has been briefedon the facts of the case, Ramsey said. The details come from a womanwho said she was with Garner that night and had been having an affairwith him.Asked why the Police Department waited more than a month todisclose the information, Ramsey said, "It's a touchy situation thatdoes cause the department some embarrassment, but that was thesmaller issue. Why air that in public when a family is alreadytrying to grieve?"Garner, 48, was shot to death July 12 in West Englewood. Thewoman who witnessed the shooting told police she had met Garner fordrinks at Dot's Lounge, 6915 S. Western, then drove her car to the7000 block of South Bell. Garner followed in his unmarked policecar. The couple sat in Garner's car talking and drinking beer.Twice during the evening - once after the assailant approachedthe car offering to sell the couple drugs and again when he came backasking for jumper cables - Garner and the woman drove away. Theyreturned to the same spot, even though they knew illegal activity wasgoing on in the area, Ramsey said.Before the shooting, the assailant drove up next to Garner'svehicle and demanded to know where Garner was from and "what he wasabout," Ramsey said. When Garner said he was "just sitting with hislady," the man got out of his car. Garner got out, too, and theybegan to wrestle. Shots were fired, and the assailant drove off,Ramsey said.Contributing: Gary Wisby