Parents win wrongful death lawsuit against ex-Crest Hill cop

The parents of Samantha Harer won a $15 million default judgment against former a Crest Hill police officer, who failed to defend himself in a lawsuit case where a judge determined he “likely shot and killed” Harer.

A ruling in the civil lawsuit case filed by Heather and Kevin Harer, the parents of Samantha Harer, 23, a WESCOM dispatcher, was issued by Judge John Anderson on Thursday.

The parents had filed a lawsuit on Oct. 7, 2022, against Felipe “Phil” Flores, a former Crest Hill police officer, who was dating their daughter at the time of her death on Feb. 13, 2018.

The Channahon Police Department investigated Samantha Harer’s death, which was deemed a suicide by former Will County Coroner Pat O’Neil’s Office.

Anderson was careful to note that his findings “do not constitute a criminal conviction” against Flores, who failed to refute the evidence that was brought forward in the case by the Harer’s parents.

Anderson’s ruling said he takes no position on whether Flores should be charged with Samantha Harer’s death.

“Besides, the court is not in a position to understand why [Flores] was not charged with Samantha’s death, as no one from the Channahon Police Department, nor the [Will County Coroner’s Office], nor other law enforcement authorities, testified to explain their perspective as to why Samantha’s death might have been suicide,” Anderson’s ruling said.

Based on the “preponderance” evidence standard applied to civil cases, which is less strict than criminal cases, Anderson found that the evidence presented by the plaintiffs contradicts the notion that Flores was outside the bedroom when Samantha Harer was shot and further contradicts the notion that she shot herself.

“Rather, the evidence demonstrates that [Flores] likely shot and killed Samantha,” Anderson’s ruling said.

Anderson entered a default judgement in favor of Harer’s parents against Flores with compensatory damages of $15 million.

Flores had initially been represented by attorneys with Itasca law firm Hervas, Condon and Bersani, who have also represented the city of Joliet in lawsuits against police officers.

The attorneys from that law firm were retained by a municipal risk pool to represent Flores, according to an April 20 motion filed by Flores’ past attorney, G. David Mathues. However, the municipal risk pool backed away from that decision for reasons not explained in Mathues’ motion.

Flores did not have new lawyers represent him and answer the lawsuit filed against him.

Anderson’s ruling said that Flores was present in his courtroom on June 30 but Flores only said that he had “done nothing wrong and abruptly left the courtroom.”

Flores did not refute the evidence and testimony that was presented on that day by Harer’s parents, a paramedic, an Illinois State Police sergeant, a DNA expert and others in the case, according to Anderson’s ruling.

Anderson said his ruling was “not merely the product of [Flores] refusing to participate” in the case but also based on Harer’s parents proving “their case in accordance with proper evidentiary standard.”