City of DeKalb settles $285K lawsuit with Elonte McDowell in unanimous council vote

DeKALB – The DeKalb City Council gave the go-ahead Monday for a $285,000 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.

DeKalb City Manager Bill Nicklas said the $285,000 settlement includes $185,000 being covered by the city’s insurance, with the city essentially paying a $100,000 deductible.

“The city’s position was that this was the best way to resolve a matter that might be litigated for a while more,” Nicklas said during the Monday meeting. “And in that regard, we were supported by the insurance.”

The City Council voted, 8-0, to approve the agreement during its Monday regular meeting at the DeKalb Public Library. All members were physically present for the meeting and there was no additional discussion among aldermen.

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.”

Nicklas said after the Monday meeting the city did not initially budget for that $100,000 and it will require a budget amendment at a later date. It’s unknown as of Monday which city fund the $100,000 will come out of, he said.

City officials did not provide further comment about 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.

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.

During McDowell’s arrest, he also was 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.

Antonio Jeffrey, Elonte McDowell’s attorney in the federal civil case, attended the Monday City Council meeting to witness the vote on the resolution, though he did not offer public comment during the meeting and McDowell did not attend the meeting in person. When contacted Thursday, he declined comment about his reaction to the settlement between his client and the city but confirmed the two parties reached the settlement.

Jeffrey confirmed Monday the criminal lawsuit in federal court remains pending and has not reached a resolution as of yet. He also confirmed the civil suit between McDowell and DeKalb County continues.

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.

In August 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. According to the contract, Weese decided to resign “freely and voluntarily, on the advice of his personal attorneys.”