Prosecutors say they can’t prove former Crest Hill cop killed woman

Will County prosecutors said a judge’s finding that a former Crest Hill police officer likely killed his girlfriend is “light years away” from what they would need to prove in a criminal case.

On Thursday, Judge John Anderson delivered a $15 million default judgement against former Crest Hill Police Officer Felipe “Phil” Flores. The judgment was in favor of Heather and Kevin Harer, the parents of Samantha Harer, 23, who filed a wrongful death lawsuit against Flores.

Flores was dating Harer, a WESCOM dispatcher, at the time of her death on Feb. 13, 2018.

Anderson ruled the evidence presented by Harer’s parents demonstrated Flores “likely shot and killed Samantha,” although he noted his findings “do not constitute a criminal conviction.”

Anderson’s ruling was made in a civil case where the “preponderance” evidence standard is far less stringent than the standard used in a criminal case. Although, Anderson said he would make the same ruling with the tougher “clear and convincing” evidence standard.

The judge’s ruling was also made in a case where Flores completely failed to defend himself.

In response to Anderson’s ruling, Will County State’s Attorney James Glasgow’s Office provided a statement that said the judge’s finding that Flores likely shot and killed Harer is “light years away” from the burden of proof in a criminal case.

Criminal cases require “proof beyond a reasonable doubt, where the evidence must prove that the defendant was in fact responsible,” the statement said.

Glasgow’s office did not respond to further questions about whether the civil case raised any doubts about the original police investigation and whether there would be any reconsideration of potential charges against Flores.

Harer’s death was investigated by the Channahon Police Department, with assistance from the Will-Grundy Major Crimes Task Force. Channahon Deputy Police Chief Adam Bogart did not respond to a message and call on Friday.

Will County Sheriff Deputy Chief Dan Jungles said he was not in charge of the task force at the time of the Harer case. He said the task force would only reexamine the Harer case if they were directed to do so by Channahon police or Glasgow’s office.

Court records show Flores has an address listed in Joliet. No one answered the door to his residence on Friday morning. Attempts to reach him by phone were unsuccessful.

Even though Harer’s death was deemed a suicide by former Will County Coroner Pat O’Neil’s Office, her parents claimed otherwise in a lawsuit filed on Oct. 7, 2022.

The lawsuit claimed Flores staged the scene to make it seem as if she committed suicide and Channahon police officers were eager to classify her death as such because Flores was a police officer himself.

The lawsuit alleged Channahon police and Glasgow’s office concluded Harer’s death was a suicide following a “superficial investigation and ignoring critical forensic evidence.”

Flores resigned in 2019 from the Crest Hill Police Department before the conclusion of the internal affairs investigation of the incident involving Harer.

Flores initially received legal representation in the lawsuit case. However, a municipal risk pool backed away from providing Flores that representation, according to an April 20 court filing from his previous attorneys with the law firm Hervas, Condon and Bersani.

The attorneys from that firm withdrew from the case. Flores never had new attorneys represent him. A call to an attorney with Hervas, Condon and Bersani was not returned on Friday.

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.

Samantha played a critical role in helping her parents in any number of tasks, including by assisting her mother in her fight against cancer. To be sure, the Harers have suffered unimaginable pain and suffering since Samantha’s passing.

—  Will County Judge John Anderson

Anderson found that the evidence presented by Harer’s parents contradicts the notion that Flores was outside the bedroom when she was shot and further contradicts the notion that she shot herself.

Anderson found the gun that killed Harer had “substantial elements” of Flores’ DNA.

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.”

Harer had a “strong and enduring relationship with her parents and had lived with them until moving out less than a year before she died,” Anderson said.

“Samantha played a critical role in helping her parents in any number of tasks, including by assisting her mother in her fight against cancer. To be sure, the Harers have suffered unimaginable pain and suffering since Samantha’s passing,” Anderson said.