Monday, March 7, 2011

Can't serve warrant on a dead person

On Thursday a warrants sweep was organized by the McHenry County Sheriff's Department Apprehension Unit, and both the Northwest Herald and the Daily Herald reported the roundup, conducted "to address the large number of outstanding arrest warrants", according to the Daily Herald.

What those articles neglected to inform readers of was that one warrant was one for a man who died in September 2006 in a shooting involving the McHenry County Sheriff's Department.

The warrants team included officers and deputies of the Illinois State Police, McHenry County and Lake County Sheriff's Department, U.S. Marshal's Fugitive Task Force, and officers of the police departments of McHenry, Crystal Lake, Cary and Algonquin.

No mention was made of the attempted service to the late David Maxson, who died at age 43 on September 20, 2006. A arrest warrant for DUI was assigned to the combined team, and officers went to a Lake County residence, looking for Maxson.

Maxson had been shot during a MCSD call-for-service that mostly likely should have been handled as a mental-health call on that day in Wonder Lake. That case is well-known within the McHenry County Sheriff's Department and is the subject of one of the lawsuits against the sheriff's department.

Were the warrants confirmed as valid, before the team set out on the sweep? Was there some reason the warrant for Maxson wasn't canceled after he died? Was one of the deputies on the warrants team the supervisor who testified at Coroner's inquest for Maxson? Didn't anyone recognize the name?

According to one source, when the warrants team knocked on the door, a woman answered and told them Maxson was dead. When they asked what happened to him, she may have said something like, "You guys shot him."

No doubt that the officers at the door were embarrassed and apologetic for their error. I wonder how they felt about being sent to that door in the first place.

How far behind is MCSD on warrants service? Remember the case a short time back, where a warrant sweeps team went to Bourbonnais, Ill. to pick up a woman who was wanted on a charge that was 13 years old? As I recall, a judge threw that one out.

1 comment:

Gus said...

In a telephone call today a woman told me that two plainclothes officers and one uniformed officer came to her Crystal Lake residence last Monday or Tuesday of last week, looking for David Maxson.

The report about the attempted warrant service in Lake County may be in error or there may have been a second attempt. Lake County SO this morning had confirmed they had an active warrant, before the above article was published.