CHICAGO - A Chicago man filed a lawsuit against the City of Chicago, a Chicago police detective and several officers after being charged in the death of a CFD firefighter. The complaint alleges that Cristler was wrongfully arrested, detained, charged, and prosecuted for crimes he didn’t commit, insisting he had no involvement in the firefighter's death.
Chicago firefighter Jermain Pelt killed
The complaint stems from an incident that occurred on April 4, 2023, when firefighter Jermain Pelt died after fighting an alleged arson. Martez Cristler and Nicholas Virgil were accused of setting the home on fire in the 12000 block of South Wallace Street, according to police.
Firefighter Jermaine Pelt was one of those who responded to extinguish the blaze. Pelt was working a hose line when conditions worsened, and firefighters were ordered out of the building. "It appears that firefighter Pelt went down as crews were being ordered out of the building. A mayday was called and he was quickly found near the hose line and brought out for treatment," Fire Commissioner Annette Nance-Holt said. Paramedics and firefighters "worked feverishly" to perform CPR on Pelt as he was being transported to Advocate Christ Medical Center, where he was later pronounced dead. Anthony Moore, 47, was charged with financial crimes in connection with the arson. He was charged with two felony counts of wire fraud, one count of insurance fraud, one count of forgery making or altering a document and one count of forgery issuing or delivering a document. "A rapid intervention team was sent back in, where they discovered firefighter Pelt face down in the attic. Debris and a dresser were on top of him, and his mask had dislodged from his face," said Cook County Assistant State’s Attorney Mike Pekara. Pelt died in the neighbor’s home where the fire had spread, but prosecutors said the initial blaze began near a stairwell on the second floor of a fake rental home, which was owned by Moore. Prosecutors said he lied his way through paperwork to get it insured, though there were never any tenants. Moore was charged with insurance and wire fraud and forgery. Cristler and Virgil, were both facing first-degree murder and aggravated arson charges. They were accused of setting the fire by using hand sanitizer, court documents show. "When used as an accelerant, hand sanitizer initially ignites with a flash but then dies down and smolders before fire catches and begins to blaze. Nearby surveillance video captures an initial flash, but smoke is then not seen for about two hours," said Pekara. He added detectives tracked the defendants' locations with cell phone records, license plate readers and surveillance videos. "One minute and 20 seconds after the individuals were seen walking towards the house at 12017 South Wallace, the reflection of a bright flash can be seen on a work truck parked near the building," said Pekara. Then prosecutors said the two were seen walking out of the home and circling the block in their cars, several times. Pelt served with the department for 18 years and was also an EMT, a nurse and training officer. He left behind two children, a 6-year-old and an adult daughter he had recently walked down the aisle for her wedding. His dad said he was ambitious, smart and had job offers from both the police and fire departments after getting his Master’s degree. "Jermaine was just a joy to all our family," said his father. "Everybody loved him and I don't think anybody loved him more than his mama."
Complaint filed against officers, City of Chicago
Earlier this year, Cristler filed a complaint, alleging he was wrongfully charged in connection with Pelt’s death. He is now requesting a trial by jury and seeking compensation for violations of his constitutional rights, emotional distress, anxiety, fear, monetary loss, and pain and suffering. Here's a breakdown of counts listed in the complaint.
Count I: Illegal Detention/Manuel
The complaint claims that Cristler was wrongfully arrested, detained, charged, and prosecuted for crimes he didn’t commit, insisting he had no involvement in the arson. It states that multiple suspects were considered, but on July 23, 2024, Cristler was pulled over by police and arrested on charges of murder and arson. The complaint alleges that there was no forensic evidence linking Cristler to the crime and that no one witnessed him committing the offenses. It also alleges that a CPD detective and other officers involved knew Cristler was innocent but proceeded with the arrest anyway. The complaint further claims that officers collected exculpatory evidence, but "ignored it." On the night of the arson, Cristler alleges that he was with his family and had an alibi to back it up. The complaint describes the actions of the detective and the officers as "intentional, willful, and wanton."
Count II: Federal Law Malicious Prosecution
The complaint states that Cristler was held in custody from July 23, 2024, until October 3, 2024, totaling 72 days. It goes on to say that on Oct. 10, 2024, the charges against him were dismissed with prejudice. The complaint argues that this violated Cristler’s right to due process, which is a violation of his constitutional rights.
Count III: State Law Malicious Prosecution
The complaint claims that when the charges against Cristler were dropped, it was done in a way that suggested his innocence. Cristler argues that the detective and the other officers are responsible for the violations of his constitutional rights, as well as the emotional anxiety, fear, distress, monetary loss, and pain he endured.
Count IV: Respondent Superior/City of Chicago
The complaint alleges that the criminal prosecution against Cristler continued, even though Cristler claimed the officers were "fully aware that the allegations were false." The complaint says that the City of Chicago is responsible for the actions of its employees and agents, which includes the detective and officers listed in the lawsuit.
Count V: Indemnification claim/ City of Chicago
According to the complaint, Illinois law requires public entities to pay tort judgments for compensatory damages when employees act within the scope of their employment. Since the City of Chicago is the employer of the detective and other officers involved, the complaint states that if they are found liable, the City of Chicago will be responsible for covering any damages, attorney fees, and costs.
The Source: Information from this article came from previous FOX 32 coverage along with a complaint filed on behalf of Martez Cristler.