Chicago - Evidence Suppressed Against Accused Cop

[hbarcat]

From earlier today:


DUI Evidence Tossed Out Against Cop In Fatal Crash

A Cook County judge has tossed out DUI evidence against a Chicago police officer charged with reckless homicide in a 2007 crash that killed two men, putting the case against the officer in jeopardy.

[...]

[Chicago Police Officer John Ardelean] was charged with driving drunk in the crash that killed Miguel Flores, 22, and Erick Lagunas, 21.

Ardelean's attorneys challenged his arrest, because two fellow officers, a sergeant, and a Fire Department paramedic all said Ardelean didn't appear intoxicated at the scene of the crash, so he wasn't subjected to a Breathalyzer test until several hours later.

In his ruling, Gainer agreed that Lt. John Magruder -- who said Ardelean had seemed drunk when he was brought back to the station -- was not a credible witness.

[...]

The case goes back to Thanksgiving Day 2007. Ardelean was driving his sport-utility vehicle in the 2900 block of North Damen Avenue, when he hit and killed Flores and Lagunas.

Ardelean was indicted on charges of reckless homicide and aggravated driving under the influence in September 2008, 10 months after the deadly crash.

Originally, Ardelean was issued just a ticket for driving under the influence but prosecutors later upgraded the charges to felonies.

Then those charges were dismissed by a Cook County judge, but the case was reopened in August 2008 when video of the officer drinking at a bar before the accident was aired.

In a hearing on the motion to suppress the DUI evidence last month, three Chicago police officers testified they found no evidence Ardelean was driving drunk, but their supervisor testified when he saw Ardelean hours later and his eyes were bloodshot and he smelled of alcohol.

Several hours after the crash, Ardelean's blood alcohol level was at .032, below the legal limit.




http://cbs2chicago.com/local/charges...2.1659140.html

[MatticusMania]

I should be appalled, but Im not.

[JAUQO III-X]

I'm not surprised at all.