Kendall County State’s Attorney: No charges warranted in fatal Yorkville police shooting

YORKVILLE -- Kendall County State’s Attorney Eric Weis has exonerated the Yorkville police officer who fatally shot a man when responding to a call-for-assistance late last year.

Weis found that Officer Nicholas Mertes was justified in using deadly force during the incident at a residence in the 200 block of Leisure Street.

At about 8:50 p.m. Dec. 20 Mertes fatally shot Marc Barnhart, 68, who was armed with a semi-automatic handgun.

“No charges will be filed in this investigation and I consider the matter to be closed,” Weis wrote in a March 16 letter to the Illinois State Police.

“Based upon all of the information contained in the investigation, the actions of Officer Mertes in using deadly force was justified in response to the actions of Barnhart on Dec. 20, 2021,” Weis concluded.

Weis outlined the events leading to the shooting in his letter.

A family member of Barnhart’s called 911 seeking medical assistance. Yorkville police and personnel from the Bristol-Kendall Fire Protection District responded.

Barnhart was found in a conscious but unresponsive state. Paramedics and the family member attempted to get Barnhart to cooperate.

“Witnesses confirm that Barnhart became argumentative and then suddenly got up and began walking towards the back of the house where his bedroom was located,” Weis wrote.

The family member reported being surprised because Barnhart usually needed use of a walker and expressed fear because she knew there was a handgun laying on a table in the bedroom, according to Weis.

The family member proceeded down the hallway after Barnhart and then was heard shouting at Barnhart to put the gun down. Mertes observed Barnhart and the family member arguing over the firearm, Weis’ report continues. The family member then left the bedroom.

“Barnhart began to walk toward Officer Mertes with the firearm in his hand,” Weis wrote. Mertes had taken cover in an adjacent bedroom.

“As he walked towards Officer Mertes, Barnhart still had the loaded firearm in his hand,” Weis wrote. “Barnhart continued to walk toward Officer Mertes with the handgun in the low and ready position. Barnhart refused to follow commands from Officer Mertes.

“Fearing for his personal safety and that of others, and with less lethal options impractical based upon the location of Barnhart and that Barnhart was already armed with a loaded firearm, Officer Mertes fired two shots from his duty weapon at Barnhart,” Weis wrote.

Paramedics returned to the residence and pronounced Barnhart dead, Weis added.

“It was reasonable for Officer Mertes to believe that Barnhart was armed and was attempting to either cause death or great bodily harm to him or others, including Barnhart’s own family members, by shooting them,” Weis wrote.

Witnesses, including family and paramedics, corroborated Mertes’ statements and confirmed fearing for their safety and that of others, Weis wrote.

“I reviewed all the police reports and witness statements, viewed evidence recovered from the scene and photographs of the incident, watched and listened to the video/audio recordings and the autopsy report, including the toxicology report,” Weis wrote, adding that he also discussed the case with an investigator from the Illinois State Police.

“I have concluded that NO criminal charges are warranted in this matter,” Weis continued.