City of DeKalb reaches proposed settlement in lawsuit with Elonte McDowell, who sued former Police Sgt. Jeffrey Weese, for $285K

DeKALB - The City of DeKalb has reached a proposed $285K settlement agreement with Elonte McDowell, who sued the City in 2019 after he was placed in a chokehold by former Police Sgt. Jeffrey Weese, who resigned earlier this year.

McDowell sued the City after his 2019 arrest alleging Weese’s excessive use of force and other damages, and asked for upwards of $1.5 million initially, confirmed DeKalb City Attorney Matt Rose. DeKalb County is named in the lawsuit, but the proposed settlement does not include county parties.

However, according to city documents, plaintiff Elonte McDowell and DeKalb County “did not agree to a settlement at the settlement conference, and the Plaintiff is likely to continue to litigate his claims against the County of DeKalb.”

During McDowell’s arrest, he was also tased by a DeKalb County Sheriff’s Deputy while he was on the ground with Weese’s arm around his neck, video taken by his girlfriend on the scene showed.

DeKalb City Manager Bill Nicklas clarified the matter between McDowell and DeKalb County is separate from the settlement between McDowell and City of DeKalb that will go before the City Council for a vote during their meeting at 6 p.m. Monday at DeKalb Public Library.

“This agreement was agreed upon,” Nicklas said, referring to the city’s settlement in the U.S. District Court civil lawsuit.

Antonio Jeffrey, Elonte McDowell’s attorney in the federal civil case, declined comment about his reaction to the settlement between his client and the City.

“But I will say that we did reach a resolution,” Jeffrey said.

Jeffrey said he plans to attend the Monday City Council meeting to witness the vote on the resolution. He did not answer whether McDowell will attend the meeting himself.

However, Jeffrey said the criminal lawsuit in federal court remains pending and has not reached a resolution as of yet.

Nicklas said the $285,000 settlement includes $185,000 being covered by the City’s insurance.

“The City has to pay for the $100,000 deductible, in effect,” Nicklas said.

Nicklas declined further comment on the case beyond the facts of the agreement.

“The parties reached a mutually agreeable resolution and agreed to not discuss the case publicly,” according to the settlement agreement.

In addition to Weese and the City of DeKalb, three other officers are named in the lawsuit, including Geoff Guzinski, Danielle Sorenson, and Jordan Poulos. Documents show McDowell signed the proposed agreement on April 9, and the officers signed it on April 12. Nicklas’ signature will be pending council approval Monday.

In August of 2019, Weese was captured on video from squad car dashboard camera and bystander cell phone footage wrapping his arm around the neck of Elonte McDowell, a Black man from Aurora, in what a police forensic doctor later described as a chokehold during a traffic stop and drug arrest Aug. 24, 2019.

DeKalb police had received a tip that McDowell was coming to DeKalb to sell marijuana. Weese was placed on desk duty and then suspended, the subject of multiple internal and external use of force investigations, and the catalyst of continued calls for local police reform in DeKalb.

Weese was placed on desk duty pending an investigation by the Illinois State Police, which later included a DeKalb County grand jury who in December declined to press criminal charges against Weese. The ISP investigation did not include any findings specifying whether the state agency determined Weese had violated any use of force policies or used a chokehold.

In February, after an internal investigation by the DeKalb Police Department, Weese was placed on unpaid suspension for up to 30 days, ordered to undergo cultural competency training and prohibited from being promoted for a year.

The civil suit settlement update comes after Weese announced his voluntary resignation in November, which became effective in February. The contract stated Weese decided to resign “freely and voluntarily, on the advice of his personal attorneys.”

“The City, through interim Police Chief Bob Redel, and Sgt. Weese, individually and through his personal attorney and Union representatives, have met, conferred, and determined that it is in their mutual best interests that Sgt. Weese resign his employment,” the contract stated.

Per the contract, the city also agreed to provide any future job employment references on Weese’s behalf, which will include his “inclusive dates of employment with the City, his job title, and that he voluntarily resigned,” the document stated.

“The parties further agree to not disparage one another to any third party or City officer/employee, either privately or publicly,” the document stated.

This story was updated at 5:30 p.m. Thursday, April 22, 2021 to include additional information from DeKalb City Manager Bill Nicklas and Antonio Jeffrey, Elonte McDowell’s attorney in the federal civil case.