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CRYSTAL LAKE – Nine Crystal Lake firefighters, including two who were arrested, face discipline in connection with an off-duty incident in March at a local bar, records show.
Documents obtained by the Northwest Herald through a Freedom of Information Act request describe a rowdy gathering of off-duty firefighters, lieutenants and others March 15 at a "diaper party" – the male version of a baby shower – at Finn McCool's, 72 N. Williams St.
Witnesses told an investigator hired by the city that firefighters groped customers and bar employees, continued drinking after they were cut off and eventually were kicked out, according to a report prepared by an Oak Brook law firm.
The firefighters grew disruptive after their wives, girlfriends and children left for the night. Two firefighters – Adam Fowles and Timothy Kerley – were so drunk that employees refused to serve them additional drinks after complaints from others at the bar, according to reports.
Fowles allegedly drunkenly groped a woman and insulted her when she rejected his advances, records show. Kerley was caught drinking after he had been cut off and refused to leave, forcing other firefighters to restrain and remove him and knocking a glass off the bar, records show.
“His conduct by assaulting the female patron was inexcusable and shameful for an employee of the city who when taking his oath of office swore to uphold the law,” according to a disciplinary notice signed by Crystal Lake Fire Rescue Chief Paul DeRaedt.
One bar employee told investigators that he allowed the group to stay only because they were Crystal Lake firefighters.
“He permitted the two intoxicated males to remain as long as they didn’t cause any problems or drink anymore,” according to a report. But the peace didn’t last.
Other firefighters threatened and insulted customers and employees. The confrontation intensified when employees kicked the group out and threatened to call police, records show. On their way out, firefighters smashed bottles on the floor, according to the report.
City officials on Friday gave the Northwest Herald hundreds of pages of documents related to the incident and subsequent investigations in response to a FOIA request. The documents were heavily redacted, and more than 700 of the pages were entirely whited out. City officials refused to provide videos of the incident in response to a FOIA request from the newspaper. The Northwest Herald has challenged that decision with the Illinois Attorney General’s Office.
Investigation finds firefighters
violated city policies
Crystal Lake police started investigating the incident March 27 after learning about a citizen’s complaint about the incident. The city also conducted its own employment investigation into the matter. Several firefighters in question declined to be interviewed as part of the police’s criminal investigation.
As a result of the investigations, 13 percent of the Crystal Lake Fire Department’s 69-member staff were given suspensions to be served between early June and the end of August.
“Given the allegations in the complaint, I would like to remind everyone that as professional firefighters, your actions, both on and off duty, reflect upon this department and the city of Crystal Lake and may affect your employment,” DeRaedt wrote in a June 9 memo to his entire department. “The public places a significant amount of trust in this department as each of you are freely allowed to enter their homes and businesses without question each day. That level of trust is a privilege that must be protected. The public trust was compromised by the actions of several of our members during this shift party. Their behavior brought about disrepute and disgrace to the department and the city.”
Fowles, 41, of Cary, and Kerley, 38, of Crystal Lake, were arrested on May 11 and placed on administrative leave without pay for 10 shift days as the result of an employment investigation into the incident.
Fowles was charged with aggravated battery in a public place, and Kerley was charged with aggravated assault and disorderly conduct, according to court documents. Both men have pleaded not guilty and are scheduled to next appear in court Aug. 17.
Firefighters involved in the incident were given suspensions ranging from two to four shift days without pay for witnessing the incident and failing to report it. They were Mike Aiello, Lt. Chris Angelo, Adam Bucheger, Matt Leuck, John Ryan, Lt. John Volenec and Curt Walker.
The terms of the firefighter union contract, however, allowed suspended members to continue working overtime up to 24 hours for the department on non-duty days, including the two facing criminal charges. Overtime shifts pay 1½ times their regular hourly pay of $37.35.
Deputy Police Chief Thomas Kotlowski has said, based on his investigation into the matter, that he didn’t see any evidence that either Fowles or Kerley posed a safety risk to the community.
The union, of which Kerley is the president, has filed grievances arguing the suspensions violated the firefighters’ collective bargaining agreement. The grievances indicated the incident occurred off-duty and was not subject to punishment. The union also said the discipline was “too severe.”
City Manager Gary Mayerhofer denied the grievances for all nine members July 20, according to a letter. The next step for the grievance process is arbitration.
The night of the party
The first of two incidents occurred about 9:45 p.m. after the group’s families left for the evening. The firefighters stayed and drank, regularly making it known that they were Crystal Lake firefighters to customers and employees throughout the night, according to reports.
An employee at the bar, whose name was redacted in documents, said two men – Kerley and Fowles – were visibly intoxicated and were cut off.
Fowles later approached a woman who was singing karaoke alone and tried singing into her microphone, according to witness statements to police.
The woman reluctantly allowed him to sing along but grew uncomfortable when Fowles, who records said couldn’t even stand up straight, put his arm around her while they sang. The woman said in an interview with police she did not know Fowles and did not want him touching her.
After the woman stepped away from Fowles and continued singing, Fowles grabbed her by the hips and thrust his pelvis against her, documents said.
The woman said in an interview with police that she moved away from Fowles, who chased her until one of the bouncers stepped in and removed Fowles from the stage area.
“You don’t have to be a [expletive] about it,” Fowles said to the woman, according to the reports.
Other firefighters were shortly after overhead saying about the woman: “[Expletive] got my friend thrown out.”
The karaoke vendor requested the group be kicked out of the bar after the incident, but the bar decided to allow them to stay because they were local firefighters.
About 40 minutes later, an employee saw Kerley drinking a beer after he had been cut off and took it from him, records show. Employees learned another member of the group had bought and provided drinks to the two firefighters that had been cut off, records show.
The employee asked Kerley to leave, which he refused to do until other firefighters forced him to the door. Kerley tried to get back to the bar, cursing in the process. He forced his way around the other firefighters, and knocked a glass off the bar, breaking it, before firefighters shoved him outside, according to reports.
Four bar employees followed the group of firefighters, some of whom were still carrying drinks, but one of them, Bucheger, stepped in front of the doorway to prevent the employees from confronting Kerley outside.
Employees told the firefighters to bring their drinks inside, which led one of the firefighters to swear at them. When one employee mentioned calling the police, the same firefighter threatened him, according to police reports.
Employees found broken bottles around the group’s table after other members smashed their bottles to demonstrate their discontent with being kicked out, according to the documents.
Interviews with witnesses also showed a female employee said other firefighters were “handsy” throughout the night and repeatedly touched her after being told to stop. She asked another co-worker to accompany her whenever she had to be around the group.
None of the firefighters reported the incident the next day. Chief DeRaedt learned about it through a complaint filed with his office March 16. He shared the information with Mayerhofer, the city manager, and Crystal Lake Police Chief James Black on March 27 – 11 days later – after confirming the validity of the complaint.
Representatives from Finn McCool’s in Crystal Lake directed questions about the incident to its corporate office, which did not immediately return calls requesting comment.
Records show both Fowles and Kerley have served their full suspensions and have been eligible to return to full-time work since July 12.
Crystal Lake firefighter union officials didn't respond to requests for comment Friday afternoon.
“Each of us must act with the knowledge and understanding that our actions have significant impact on this department, its reputation, and its ability to successfully serve the people of our community,” DeRaedt wrote in the department memo. “We must conduct ourselves in a manner which is above reproach and we cannot act in a way which calls our trustworthiness into question by the very individuals we have a duty to serve.”