On October 17 a man was arrested by McHenry County Sheriff's Deputy Cody Smith for being in possession of a stolen political campaign sign. Not only arrested, but handcuffed (and presumably searched, although the report doesn't so state) and then transported toward the McHenry County Jail. Not to the Jail, just toward the Jail.
What political sign was it? "Before you vote, Google Bob Bless"
While Deputy Smith was transporting the prisoner, he was ordered to take the prisoner upon arrival to the Detective Division, where the prisoner was going to give a written voluntary statement, whereupon he would be released. Now, this is all before Deputy Smith ever gets his prisoner to the jail!!!
And, indeed, that's what happened. The suspect, now a prisoner since he had been arrested, handcuffed and transported, was delivered into the custody of Det. Travis McDonald. Deputy Smith's well-written statement indicates that the suspect completed a written voluntary statement (not included with the report) and "Detective McDonald then provided Steve a ride back to his vehicle on Algonquin Road." Dep. Smith also inventoried the stolen sign into Evidence at MCSD.
Sgt. Eric Ellis is Dep. Smith's supervisor and he approved Smith's well-written report. Should he have been asking, "What the hell is going on around here? This man was arrested!"
Pretty nice, eh? A suspect caught red-handed with the stolen political sign gets preferential treatment and knows before he ever gets to the jail, that he is going to be released (and not charged). Is this Chicago?
Why wasn't Steve booked into the jail? Why wasn't he charged? Why did Det. McDonald give Steve a ride back to his vehicle? Is MCSD running a taxi service now? Was Steve handcuffed while he was being transported back to his vehicle?
Who at the Sheriff's Department knew Steve was on the way in? Who arranged such "courteous" treatment and threw in the free ride back to his vehicle? Will Steve be suing the Sheriff's Department for false arrest?
Steve told Dep. Smith that he worked for the company that owned a billboard on the property where Steve was arrested. He claimed that his company had a contract that prohibited a political opponent's advertising. The sign found in Steve's vehicle was one allegedly stolen the previous day from the opponent's property.
Who should get involved in this? The McHenry County State's Attorney? The Illinois Attorney General?
10 comments:
So you want him jail for removing a sign from his property that he did not approve of? Really?
No, arrested for stealing a sign that was not on his property.
A guy is taken into custody for questioning and released. Great story Gus.
???? Is it premature to think that your elevator doesn't go all the way to the top floor?
Is this how you would like to rework the justice system, Gus decides everything? Of course it is!
Ray, the suspect was taken into custody, arrested and transported. That's an Arrest. When you've got him in the car and you are headed for the job, it's a little late to say, "Oops."
No one anywhere at anytime has been taken downtown to give a statement and released?
Huh.
That sense do make not.
You're the lawyer, Ray. When a person is handcuffed and put in a squad car, he has been deprived of his liberty. He no longer has the option of just walking away.
And since when is a decision made to release him, before he even arrives at the Jail or is interviewed or gives his "voluntary written statement"?
I have to ask, where do you get your information?
You have spent a lot of time in court. How many times have you heard that a person in handcuffs is not under arrest. I have only heard it 478 times. So surprized that you haven't heard that? I thought you had real court experience not book or tv experience.
From the deputy's report: "... I placed Steve under arrest for being in possession of the stolen property..."
Hmmm. You have a report from a criminal case? Wow, I usually have to subpoena those. How did you get it?
Now you're getting it, Ray. There is no "case".
When Steve was being transported to the jail, somebody (how high up?) made a decision to send him back to his car in Algonquin - without charges, even though Deputy Smith had arrested him after finding stolen property in Steve's vehicle.
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