Lake County Sheriff pleads guilty to making false statement in a DUI hearing

From the Chicago Tribune (Jim Newton reporting):

A former Lake County sheriff’s deputy pleaded guilty to criminal contempt of court charges Wednesday for lying under oath during a misdemeanor DUI hearing last year in Lake County Circuit Court.

As a result of the plea, the state dropped felony perjury charges against 28-year-old Justin Hill, of Kenosha, and he was sentenced to a 90-day jail term that was stayed as long as he completes other conditions of his sentence.

Hill also was sentenced to a period of conditional discharge during which he must perform 100 hours of community service, pay a $500 fine and donate $500 to Lake County CrimeStoppers.

The sentence was handed down by Kane County Judge David Kliment after Lake County judges recused themselves from the case because the charges stemmed from proceedings in Lake County Circuit Court.

According to prosecutors, Hill was charged for lying under oath while he was being cross-examined by the defendant in the misdemeanor DUI case, in which the defendant was acting as his own attorney.

Defense attorney Thomas Briscoe said after the plea deal that Hill admitted he lied about whether he had contacted or attempted to contact the defendant in the case prior to the DUI hearing.

Briscoe said that Hill maintains he lied to protect an informant or informants related to another case he was doing on his own without the knowledge of the Lake County sheriff’s office.

Sheriff’s office spokesman Sgt. Christopher Covelli said Wednesday that Hill’s position as a deputy was terminated June 2

…Sheriff’s office officials said inconsistencies were allegedly discovered in Hill’s testimony during a Nov. 2 civil court DUI hearing on the potential statutory summary suspension of a DUI defendant’s driving license….

Read the entire story here:  http://www.chicagotribune.com/suburbs/lake-county-news-sun/crime/ct-lns-lake-deputy-perjury-plea-st-0914-20170913-story.html

Utah nurse arrested for refusing to draw blood for police

Doctors and nurses are supposed to be health care providers, not arms of the police state.  Yet, these days, many police officers think differently.

From NBC news:

A Utah nurse who refused to give a patient’s blood to police — and then was handcuffed and carried into a patrol car in an escalating incident — held an emotional news conference Thursday demanding better training by law enforcement.

“I just feel betrayed, I feel angry, I feel a lot of things,” said Alex Wubbels, a nurse at the University of Utah Hospital and a former Olympic athlete, as she wiped away tears.

“And I am still confused. I’m a health care worker,” she added. “The only job I have is to keep my patients safe.”

The July 26 encounter at the Salt Lake City hospital — in which Wubbels pleaded, “Stop! I’ve done nothing wrong!” — has prompted an internal police investigation.

Police bodycam videos released during Wubbels’ news conference showed the officer — later identified as Det. Jeff Payne — growing increasingly impatient as she tried to explain, according to hospital protocol, why she couldn’t draw an unconscious patient’s blood for a police investigation.

She told the officers gathered in the middle of the hospital’s work area that they need either an electronic warrant, patient consent or to be placing the patient under arrest if they want access to his blood.

The patient had been a driver in an earlier truck crash, and was badly burned and comatose at the hospital, reported NBC affiliate KSL-TV. Vials of his blood were needed as part of the investigation to determine whether the patient had illicit substances in his system at the time of the crash, according to a written report obtained by The Salt Lake Tribune.

n the videos, which may have been edited, Wubbels holds her ground about drawing blood. Payne then suddenly snapped.

“No, we’re done,” he said. “You’re under arrest, we’re going!”

He is seen pulling her arms behind her and places handcuffs around her wrists before yanking her to the back of the patrol car. He said she obstructed justice.

“Please sir, you’re hurting me,” Wubbels said.

“Then walk,” Payne responded.

Wubbels, from inside the car, screamed for help and that “I did nothing wrong!”

Other officers from the University of Utah and the Department of Public Safety, which provide security for the hospital, did not intervene during the arrest, The Salt Lake Tribune reported.

Wubbels was later released and no criminal charges were filed against her.

Payne, who remains on active duty with Salt Lake City police but has been suspended from the blood draw program, did not immediately respond to a request for comment.

A Salt Lake City police spokeswoman said the department has been working closely with the hospital to ensure such actions never happen again and that it is alarmed by what occurred.

Read the whole story here:  https://www.nbcnews.com/news/us-news/utah-nurse-arrested-refusing-give-patient-s-blood-police-n798021

Chicago Police will be conducting DUI enforcement on the North Side Saturday night

According to a Press Report from the Chicago Police:

The Chicago Police Department will be conducting a DUI Saturation Patrol in the Lincoln (020th) District this weekend. The DUI Saturation Patrol will commence at 7:00 p.m. on Saturday, August 12th, 2017 and end at 3:00 a.m. on Sunday, August 13th, 2017.  The purpose of this program is to saturate a pre-designated area with roving police officers that continually monitor vehicular traffic for signs of impaired driving. Patrols also place emphasis on speed, alcohol-related and safety belt
violations. Police vehicles equipped for speed detection are deployed to apprehend speeding violators.

 

From DNAInfo:

Police officers will be on the lookout for drunken drivers and speeders Saturday night during a DUI Strike Force Patrol planned for North Side neighborhoods including Lincoln Square, Uptown and Andersonville.

Officers will also be looking for people not wearing seatbelts and other violations.

The strike force patrol will run from 7 p.m. Saturday-3 a.m. Sunday, throughout the Lincoln Police District.

Headquartered at 5400 N. Lincoln Ave., the district is bounded by Lake Michigan, the Chicago River, Lawrence and Peterson avenues.

Communities served by the district include Lincoln Square, Uptown, Edgewater, Andersonville, Bowmanville and Budlong Woods.

Elmhurst Police to conduct Roadside Safety Checks Saturday night

From the Patch:

On Saturday, Aug. 12, a roadside safety checkpoint will take place on a major roadway in Elmhurst, according to the release. The safety checkpoint will begin at 11:30 p.m. on Saturday night and continue until 3:30 a.m. on Sunday morning. During the safety checkpoint, vehicles will be stopped at a predetermined interval and checked for violations.

Alliance Against Intoxicated Motorists releases its list of Top Cops and Departments

The Alliance Against Intoxicated Motorists has released its annual list of its “Top Cops” and Departments.

The list should be familiar to any attorney who practices in Chicago’s Traffic Court – 7 of the top 10 and 9 of the top 12 issue citations that are heard at the Richard J. Daley Center.  Only two of the top 12 officers are from outside Cook County.

Amazingly, four of the cops are from the same Chicago Police District.

Here is the list of the 12 cops who made the most DUI arrests in Illinois in 2016:

Rank
Title
Top Cops
Department
DUI Arrests
1 Trooper Eric David ISP District Chicago 297
2 Officer Timothy Walter Chicago District #19 210
3 Trooper Lucas Sniady ISP District Chicago 196
4 Officer Elliot Tupayachi Chicago District #19 180
5 Officer Phillip Travis Chicago District #16 128
6 Officer Tesfai Tewelde Chicago District #25 124
7 Officer Carlos Ortiz Chicago District #19 119
8 Investigator Andrew Hartman Rockford 118
9 Officer John Fermon Bloomington 107
10 Officer Dennis Dwyer Oak Lawn 105
10 Officer John Maclaren Chicago District #19 105
11 Officer Mark Januszewski Chicago District #24 103

 

Yes, you read that right.  One officer made 297 DUI arrests in a single calendar year.  Assuming that he gets 2 days off a week, plus one week of vacation per year – even without sick days that means he makes more than one DUI arrest per day.

In terms of Departments, here is the ranking (figures obtained from here and here)

State Police 5,619
Chicago 2,592
Rockford 459
Decatur 401
Elgin 365
Naperville 312
Cicero 305
Carol Stream 305
Bloomington 300
Normal 239
Aurora 234
Lombard 233
Springfield 230
Oak Lawn 223
Joliet 212

Off-duty Chicago police officer arrested in suburban Cook County

From ABC 7 news via WLS:

A Chicago Police officer was charged with driving under the influence after a May 12 incident in north suburban Northfield, police said.

Sean Lynch, 30, was also cited for excessive speeding and illegal transportation of alcohol. He is scheduled to appear in a Skokie court on June 16.

According to Northfield police, Lynch was stopped after he was observed speeding on northbound Interstate 94 at about 3:15 a.m. His Ford pickup was traveling 92 miles per hour in a 55 mph zone.

As police attempted to pull Lynch over, an officer observed Lynch’s truck speeding on an exit ramp and losing control of the vehicle, causing it to fishtail and then stop at Willow Road.

The Northfield police officer noted that he smelled a strong alcohol odor and that Lynch mumbled and slurred. The officer also saw an open can of Miller Lite beer on the front center console.

Lynch failed a field sobriety test and was arrested. After being charged, Lynch was released on $2,000 I-Bond.

Why did Sycamore police not charge an Elgin cop with DUI?

Questions are being raised about the unusual treatment given to an Elgin police officer who was arrested, but not charged with, DUI by Sycamore police.

From the Northwest Herald:

Police Chief Glenn Theriault has been on administrative leave since April 10 as the city investigates why an Elgin police officer arrested on suspicion of driving under the influence was released without charges.

Records obtained by the Daily Chronicle through the Freedom of Information Act show a Sycamore officer was building a driving under the influence case against Elgin Police Sgt. Mark Whaley after an early morning traffic stop Saturday, April 8. Whaley, who has been a police officer for almost 23 years, was handcuffed and driven to the police station, where he was processed. Theriault, who worked with Whaley on the Elgin police force, also went to the police station that night.

Whaley later was released without even a traffic ticket because of lack of evidence, according to the police report.

The report shows Whaley, 46, declined field sobriety tests and declined to provide a breath sample at the Sycamore police station. It does not say whether Whaley was issued a DUI ticket or read the “warning to motorist” that could have triggered a suspension of his license for a year for refusing chemical testing under Illinois law.

Cellphone records show Theriault had three early morning phone conversations with an Elgin police commander and later helped to ensure that a $500 administrative towing fee was waived for Whaley, bypassing a hearing process prescribed by city code.

“Tough position for you and all last night,” read a text sent by Theriault hours later to the arresting officer, Luke Kampmeier. “I’m thinking of the rock-and-glass houses story.”

“A valuable experience for me, albeit unpleasant,” Kampmeier replied. “Tonight we will stick to parking tickets.”

,,,

The episode began around 1:40 a.m. Saturday, April 8. In his report, Kampmeier – who joined the force out of college in 2014 – wrote that he stopped a silver 2005 Ford F-150 pickup on Somonauk Street near High Street after he saw the driver almost cause a traffic crash at the intersection of State and California streets. Reasons given for the stop were noted as “fail to signal, overtake on right, no front license plate.”

In his report, Kampmeier wrote that the driver, Whaley, smelled strongly of alcohol. His speech was “thick-tongued,” his eyes glassy and bloodshot, his movements “slow and deliberate.”

Whaley told Kampmeier he had recently dropped off his wife and child downtown, then changed his story to say he was in the area for training and had one beer in Sycamore before driving, according to Kampmeier’s report. A story by the Daily Herald about Whaley saving a boy’s life with CPR in 2011 said he lived near DeKalb at the time.

After Whaley refused field sobriety tests, Kampmeier arrested him on suspicion of DUI, records show.

A second officer, Blake Powers, a 2016 police academy graduate, searched Whaley’s vehicle and found an unopened bottle of Miller Lite near the passenger seat, according to police reports.

You can read the whole story here.  Normally, in this situation, the person will be charged with DUI.  Often in Sycamore, the police will seek a warrant to obtain a blood draw.  Getting released without being charged is a rare gift indeed.  We should all be so lucky.

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