Douglas County Sheriffs Office Case Report

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Case Number: 08-10-12

OFFENDER
~

DOB
Paris, IL 61944

Age.

Sex

M

Ht~Wt""RaceW Work/School

H4
Wk Ph (217) 578-3141

Atwood Police Department

"' PROPERTY

Officer

498 Homann, Lonnnie E.

Date

10/08/2008

On, October 08,2008 at 23:15 hours, this Reporting Officer, Lonnie Homann. (Correctional Officer) while working at the Douglas County Jail was notified by dispatch that Atwood Police Department, Officer Chris Gill, was transporting a combative male subject to the Jail. Upon Officer Gill's arrival, I met him in the Sally Port of the Jail. I noticed a male subject sitting in the rear of the squad car behind the passenger seat. The subject who was identified as John B. Espeland was hancuffed with his hands behind his back. While assisting John B. Espeland out of the squad car, he was very agitated and upset. He advised me that during his transport to the Douglas County Sheriff's Office, Chris Gill "slammed on the brakes" stopped the squad vehicle by the first over

pass between Atwood and Tuscola, exited the squad car and started to choke John Espeland around his neck. John B. Espeland advised Officer Gill was angry due to John B. Espeland yelling obscenity's at him.

I escorted John B. Espeland inside the Jail. I lowered the t-shirt from around his neck area and noticed several red marks around his neck. I held my fingers in comparison to three red marks on his neck and noticed them to look similar as if someone where to choke someone. Correctional Officer Bryan Wyrich removed his handcuffs and John B. Espeland sat down inside the booking room in my presence for booking. I Reported the incident to Sgt. Craig Patton and Photographed

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Douglas County Sheriffs Office Case Report

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Case Number: 08-10-12

the marks around his neck. Sgt. Patton and Bryan Wyrich also observed the marks around his neck. I asked John Espeland ifhe needed medical treatment at which time he declined. I asked John Espeland to Write a statement in reference to his complaint. He advised he was a "little to drunk" to write. After John Espeland's booking was completed he was secured in his assigned cell.

Reported Reporting Officer
498 Lonnnie E. Homann

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Douglas County Sheriffs Office

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LBoeserContact with Schweighart._
Reporting Officer
498 Lonnnie E. Homann

Sunulemental Follow Uo

Case Number: 08-10-12
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Reported I Current Status Open Active Open Active Category Beat
Incident 16

Inmate Complaint Location
Douglas County Jan 920 South Washington Street Tuscola, IL 61953 10/08/2008 Wednesday

Subbeat

Occurred

23:30

Supplemental

Follow Up

Officer

499 Dessie J. Boeser

Date

10/29/2008

On October 8th., 2008 at 2253. I (Dessie Boeser) was working dispatch at Douglas County Sheriffs Office as telecommunicator and took a call from a female subiect ref to a loud music complaint at E Forrest Estates. lot 22 in Atwood Dlinois. I disnatched At2. Sm. Tim Jimenez at. At 2257. At4. Officer Gill was dispatched to the residence and was on scene at 2258. At 2301 Officer Gill advised 10~95 and 10-76 to headquarters. dispatcher could hear the subject yelling in the background. could not make out what he was saying. T/C asked Officer Gill status at 2303. no answer at that time. Sgt. Jimenez was attemptinz to contact Officer Gill on the radio also asking if he needed assistance down there. Still no answer from Officer Gill. 2304. Sgt. Jimenez advised he was 10-76 to the residence. Officer Gill is 1095 and they are 10~95 and Officer Gill was 10-76 to head Quarters. 2306. Sm. Jimenez advised Officer Gill was 10-76 to head Quarters. 2315. Officer Gill anived at head Quarters. and advised information he is a spitter, John Espland was brought in to booking and was upset and crying. Officer Gill then came into dispatch with a piece of paper and a pen and asked for sanitizer and rubbed it on his neck and then stood under the television and was filling out the paper. Sgt. Patton then went into booking to talk to Espland. At that time Officer Gill asked ifhe could sit down at the empty desk to finish his paperwork. he had hurt his knee. As he was in here I (Tc Boeser) was busy with paperwork. but did not notice any spit on Officer Gill. When Officer Gill then left the Sheriffs Office I (Tc Boeser) noticed Espland erving and upset Later in the night unknown time. Officer Gill called in and asked TIC Boeser ifhis friend was still there. I advised yes. and he stated he just wanted to get prepared for what might happen if he were to come back to town. No more contact for the rest of the shift from Officer Gill.
Reported

Follow Up

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Douglas County Sheriffs Office

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Incident Renorts i.Inmate Complaint.
Reporting Officer
498 Lonnnie E. Homann

Case Number: 08-10-12
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Reported I Current Status

Open Active Open Active Category
Beat Incident 16 Subbeat

Inmate Complaint Location
Douglas County Jail 920 South Washington Street Tuscola, n, 61953 10/08/2008 Wednesday

Occurred

23:30

Incident Reports

Officer

495 Bryan S. Wyrich

Date

10/08/2008

Homann. The subject was being brought in by Atwood PD and the officer was advising that the subiect was spitting on him. The officer transporting was Atwood Officer Gill. I met Officer Gill in the sally port to take custody of his subiect, Officer Gill advised me that he was transporting John Espland. I retrieved Mr. Espeland from the driver's side back seat Upon exiting the car Mr. Espland said that he did not spit on the officer. he then went on to say that Officer Gill had stopped at the first overpass coming from Atwood and choked him. I escorted Mr. Espeland into our booking room. He was very agitated and I had to tell him several times to remain calm. I searched Esnland and placed him in our temporary holding cell located in our booking room. Mr. Bspeland was issued a citation by Officer Gill. Officer Homann and myself pulled Espeland out of the holding cell after Officer Gill left to inspect his marks on his neck. There were the distinct marks around Mr. Espland's neck to validate his storv, His neck was photographed. We asked Mr Espeland to submit a voluntary statement. but he said he had been drinking and didn't think that he could write well. Espeland was booked and placed in a holding cell.
Reported 495 Bryan S. Wyrich 10/08/2008

On the 8th of October 30. 2008 I Brvan S. Wvrich was on duty at the Douglas County 1ail. I was finishing up my assigned shift for the evening when I was recuested bv our dispatch center to stay over because of a combative subiect being brought to iail, I stayed on duty to back UP Officer Lonnie

Follow Up Reporting Officer

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Douglas County Sheriffs Office

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UnvestigatiOn_n
Reporting Officer
498 Lonnnie E. Homann

Case Number: 08-10-12

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Reported / Current Status Active Open Active
Open

Inmate Complaint Location
Douglas County Jail

Category Beat

Incident 16

Subbeat

920 South Washington Street
Tuscola, IL 61953

Occurred

10/08/2008

Wednesday

23:30

Officer

491 Schweighart W. John

Date

10/08/2008

This investigation was conducted after arrestee John B. Espeland told Correctional Officer's Lonnie E. Homann and Bryan Wyrich that he was choked by arresting officer Chris Gill on 10/08/08. Correctional Officer Lonnie E. Homann submitted an incident report stating that he was working the Douglas County Jail and was notified that Atwood Police Officer Chris Gill was transporting a combative male. Homann observed the arrestee, John B. Espeland. sitting in the rear of the squad car behind the passengers seat and noticed that he was handcuffed with his hands behind his back. Homann assisted Espeland out the SQuad car and stated that he was very agitated and upset. Homann stated that Espeland told him that Gill "slammed on the brakes" and stopped the car bv the first over pass between Atwood and Tuscola. Homman stated that Espeland said that Gill exited the Squad car and choked Espeland around the neck and that Gill was angry because he, Espeland, was yelling obscenity's at Gill. Homann stated that he escorted Espeland into the iail and lowered his t-shirt around the neck area and noticed several red marks around the neck. Homann stated that he held his fingers to the three red maries for comparison and found that it would be similar to someone being choked. Homann stated that he reported the incident to Sgt. Patton and then photographed the head and neck area of Espeland. Homann noted that Espeland declined medical treatment. Homann asked Espeland to write a voluntary statement and that he responded that he was a 'little to drunk' to write. Homann submitted a Jail Incident Report (Attachments #1 through #3). Homann submitted a Supplement Follow-up at Reporting Investigator (RII), John W. Schweighart, - continued

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-Investigation---------------------------------------------------~
request. Homann stated Espeland never mentioned any theft of US Currency. never mentioned any other use of force by Gill other than choking, and that he thought that Espeland's under shirt was on the outside of his pants (Attachment #4) Atwood Chief of Police Clifford A. Ponder stated that he responded to the Douglas County Jail on 10/09/08 regarding a complaint by an arrestee against one of his patrol officers. Ponder stated that he met with officers at DCSO and with Kate Watson of the States Attorneys office. Ponder stated that he was leaving DCSO and was zoinz back to Atwood when he saw Espeland waving at him as he. Espeland. was standing near US 36. Ponder stated that he gave Espeland a ride back to Atwood. Ponder stated that Espeland started to talk about his activities during the course of the day on 10/08/08. Espeland said that he got out of bed around 9:30am and that he consumed over a Yz gallon of vodka and a 18 pack of Budweiser Beer during the course of the day and prior to his arrest. Espeland assured Ponder that he remembered evervthinz from the night before even though he was hung over. Espeland told Ponder that Gill was transporting him to iail, Espeland said that he was lying down in the rear seat and had said nothing to Gill and that he. Gill. slammed on the brakes stooping under th.e second bridge on Route 36. Espeland stated that Gill got out of the car. iumned on top of him. choked him. and threatened to kill him. Espeland said that Gill slammed his head and face into the hood of the patrol car and pushed him around before throwing him into the rear seat of the marked patrol car. Espeland told Ponder that no one from DCSO gave him an ooportunitv to complete a written statement. Ponder stated that he took Espeland to the Atwood Police Department and took a photograph and provided him with a Voluntary Statement form to complete (Attachments #5 and #6). Ponder submitted a Voluntary Statement form adding that Espeland did not mention ofbeina punched in the face or that money was stolen from him. Ponder submitted a letter to Shirley Schable requesting radio 10Jl;S and audio recordings. In addition he submitted a letter to Sheriff Charlie McGrew requesting assistance in the Internal Investigation (Attachments #7 through #10). Atwood Police Officer Todd A. Thomas stated that he responded to 22 Forest Estates as a back up officer to Gill. Thomas stated that thev arrived at the same time. Thomas stated that they were in marked patrol cars and that both he and Gill were in clothing that identified them as police officers. Thomas stated that as Gill walked to #22 Espeland walked out of the front door. Thomas stated that Gill identified them as Atwood PD and that Espeland began cussing right away asking what the fuck do vou want. Thomas stated that Gill asked Espeland at least three times for his name only to have him cuss at them. Thomas stated that Espeland seemed to know him but that he (Thomas) didn't remember Espeland. Thomas stated that Gill warned Espeland that he would be arrested if be failed to identify himself and that Espeland turned and put his hands behind his back. Thomas stated that iust prior to Espeland doing this he was loud. cussing. and his arms moving in an up and down motion. Thomas stated that Gill cuffed Espeland up and began walking towards the marked police car and as he was trying to unlock the door with his left hand Espeland was moving around with passive resistance and that Gill Ieaned into him with his upper ann while trying to unlock the door. Thomas don't recall Gill patting Espeland down. - continued

Case Number: 08-10-12

Douglas County SheriffsOffice

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~Investigatlon--------------------------------------------------~

Case Number: 08-10-12

Thomas stated that as soon as Gill put Espeland into the back of the sauad car he got into the vehicle, made a tum around and left the scene. Thomas stated that a female and two other males exited the trailer and wanted to know what was zoinz on. Thomas stated that one of the males was very large and was wearing a dog collar and chain around his neck Thomas stated that he told them that Espeland had not cooperated and that he was going to iail. Thomas stated that the following day Gill told him that Espeland had spit on him and that he stopped and pulled Esnelands shirt over his face. Thomas stated that at no time did Gill "slam" Espeland against the trunk. Thomas submitted a Supplemental Report (Attachments #11 and #12): Atwood Police Sergeant T.A. Jimenez submitted a Supplemental Report stating in part that he was on duty 10/08 and was aware of the dispatch to #22 East Forest Estates regarding loud music. Jimenez stated that he heard Gill state that he had a subiect in custody. Iimenez stated that Gill stopped in front of the Atwood Police Department and while talking to Gill Espeland began. using profane language callina to him (Jimenez) "you're a little bitch too". Jimenez stated that Espeland was intoxicated and had a strong odor of alcoholic beverage emitting from his person. Jimenez stated that he tried to speak with Espeland but due to the intoxication he was unable to gain any cooneration, Jimenez stated that Gill advised that the charge was disorderly conduct. Jimenez checked and found that the caller was anonvmous, Jimenez stated that Gill then advised him that he was also charging Espeland with resisting and obstructing a peace officer for refusing to show any form of identification and refused to identify himself after several chances to do so. Jimenez stated that he phoned Gill for an update and that he said that Espeland was spitting so much that he had to pullover to the side of the and that he pulled Espeland's shirt over his head and face (Attachment #13). Bsoeland stated that Gill came to his residence regarding a noise complaint. Espeland stated that Gill asked for his ID and that he refused to zive it and that Gill arrested him and slammed him onto the trunk of the squad car three to four times. Espeland stated that Thomas was there as well but said nothing. Espeland stated that Gill left the residence and drove by the PO and talked with Jimenez. Espeland stated that he don't like Jimenez and that he ask him if he was going to jail and he said yes. Espeland stated that he started cussing Jimenez out and told him that Gill didn't tell him why he was arrested and that he slammed him (Espeland) against the car. Espeland stated that on the way to the County he was lavinS!: n the back seat unbelted. Espeland stated that he was hollering at Gill saving o that he was a blow hard bitch. and coward and he .Gill, told him that he smelled like alcohol and that he .Espeland, responded "no I smell like your old ladv". Espeland stated that at the first viaduct Gill slammed on the brakes and that he rolled onto the floor. Espeland stated that Gill opened the back door and that as he was getting onto the seat Gill hit him on the right temple and under the right eve with a closed fist and then began choking him around the neck. Espeland stated that Gill was saving "shut the fuck up" ashe was choking him. Espeland stated that he was wearing a t-shirt and that Gill never pulled it over his head. Espeland stated that as thev pulled up to the iail he heard Gill say on the radio that he (Espeland) was a spitter. Espeland denied that he ever spit on or at Gill. Espeland stated that he sold an amp and sub and that he had $58.00 in his pocket. Espeland stated that when he was released from jail he only had .38 and that he feels that Gill took the money during the - continued

Douglas County Sheriffs Office

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~Investigation---------------------------------------------------l
search. Esneland stated that he don't recall signing his booking form, Voluntary Statement to Chief Ponder, Booking Form and Criminal History obtained (Attachments #14 through #17). Dennis H. West submitted a Voluntary Statement to Chief Ponder stated that he was at Casey's General Store when Espeland asked him ifheard the latest. Espeland told West that Gill had beat the shit out of him. Espeland stated that Gill told him that he smelled like alcohol and that he responded "vou probably smell your wife's pussy juices on my dick". Espeland said that Gill £O.t mad and stopped the car hitting Espeland in the face twice. West reported that Espeland said that he was going to sue the police department (Attachment #18).
On 10/28/08 RJI went to the Atwood Police Department to interview officer Gill. R/I advised Gill that there would be two interviews. criminal and administrative and that prior to the criminal he was have his right read to him. Gill auestioned the criminal interview and was advised that the allegations could be criminal in nature. Gill asked to speak to Chief Ponder alone and when they returned he asked if Ponder could set in during the interview. RII said yes and asked Ponder to be a silent observer. Gill was read his right and agreed to talk with R/I (Attachment #19).

Case Number: 08-10-12

Gill stated that shortlvafter 11:00 pm he responded to #22 Forest Estates for a loud music call. Gill stated that his back up was Thomas. Gill stated "what happened is exactly what is in my report and you (RII) will get nothing else from me". RII continued to ask Questions and Gill stated that he didn't charge Espeland for spitting on him. because it didn't bother him. Gill stated that he has been spit on before and didn't feel that it need to be charged. Gill stated that he had his radio up because Espeland was shouting and that he (Gill) don't know what he was saving. Gill stated that at about 600 E he stopped his marked car and got into the back seat and pulled Espeland's shirt over his head to stop his spitting on him. Gill stated that prior to arriving at DCSO Espeland's shirt came down from his head. Gill stated that he never choked Espeland when he stopped and that he didn't notify dispatch when stopped because Espeland was spitting allover the back ofbis head. Gill stated that at DCSO Dessie gave him sanitizer for bishead. Gill stated that Espeland was patted down at the site of arrest. Gill stated that after the arrest he turned the car around Thomas was talking to people one of which was a Very obese male with a cham around his neck. Gill stated that Espeland had no property on his person. Gill stated that he does recall Espeland saving that be was going to fuck his (Gill) wife. Gill stated that he never punched Espeland (Attachment #20). When RII started the administrative interview Gill asked if Espeland had signed a sworn affidavit. Gill handed Rill a copy of 50 ILCS 725/ "Uniform Peace Officer Disciplinary Act and it is noted in Section 3.8 sub section (b) Anyone filing a complaint against a sworn peace officer must have the complaint sunnorted by a sworn affidavit. The administrative interview was terminated. Probable Cause Affidavit and two Detail Incident Report's were submitted by Gill (Attachments #21 through #25). DCSO Dispatcher Dessie Boeser submitted a statement stating that on 10/08/08 she received a call - continued

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~Investigation--------------------------------------~----------_,
from a female rezardinz a loud music complaint at #22 East Forest Estates. Boeser stated that Gill went 10-95 and that she could hear a subiect yelling in the background. Boeser stated that when Gill arrived at DCSO he advised that he. Espeland. was a spitter, Boeser stated that when Espeland was brought in he was upset and erving. Boeser stated that Gill came into dispatch and asked for sanitizer and that he rubbed it on his neck and then stood under the television and was filling out paper. Boeser stated that Gill asked if be could sit that he had hurt his knee. Boeser stated that she was busy with naper work but didn't notice any evidence of spit on Gill. Boeser stated that night Gill called in and asked if his friend. Espeland. was still there and that she advised yes. Boeser stated that Gill iust wanted to get prepared for what might happen ifhe, Espeland, came back to town (Attachment #26). Sheriff McGrew submitted a request to the Paris Police Department for files or complaints against Gill while he was employed as a Paris Police Officer. McGrew was advised that they would need a letter from him and the fact that Chief Ponder had requested our agency to conduct the investigation (Attachments #27 and #28). Deputy Chief J amev Littleton provided RII with a copy of Gills personnel file after he received the written reeuest, After reviewing the file RII found that there is nothing regarding Use of Force issues. This file will not be part of the case submitted to the States Attorney. Disk of Douglas County radio traffic from 10/08/08 regarding the incident and from the arrival of arrestee Espeland at the County jail will be placed into evidence. Attachments: 1. Case Report, Homann, 10/08/08 2. Jail Incident Report. Homann. 10/08/08 3. Photographs. Espeland. 10/08/08 4. Supplemental Follow-up. Homann. 10/27/08 5. Supplemental Report. Ponder. 10/09/08 6. Photograph, Espeland. 10/09109 7. Voluntary Statement, Ponder, 10/22/08 8. Request, Ponder 9. Dispatch information. 10/08/08 10. Request for investigation, Ponder. 10/21/08 11. Voluntary Statement. Thomas. 10/23/08 12. Supplemental Report. Thomas. 10/09/08 13. Supplemental Report. Jimenez. 10/09108 14. Voluntary Statement. Espeland. 10/22/08 15. Voluntary Statement. Espeland. 10/10108 16. Booking Record. Espeland. 10/08/08 17. Criminal History. Espeland 18. Voluntary Statement. West. 10115108 19. Miranda Rights, Gill. 10/28/08 20 Voluntary Statement, Gill, 10/28/08 - continued

Case Number: 08-10-12

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