This story has been updated.

The Illinois State’s Attorney’s Appellate Prosecutor’s Office is reviewing the Dec. 3 disorderly conduct charge brought against Kankakee County Treasurer Nick Africano.

Africano was detained by Kankakee police after a traffic incident in which he was accused by the driver of the other vehicle involved of “packing” and saying he would shoot him.

Africano was issued a notice to appear in court after the other driver signed a complaint for disorderly conduct.

The state appellate prosecutor’s office was asked to review the case by the Kankakee County State’s Attorney’s Office, State’s Attorney Jim Rowe said.

A Kankakee County Circuit judge granted Rowe’s motion to refer the case.

“This was done to avoid any appearance of impropriety in the incident, and because our office provides legal advice to his Treasurer’s Office in civil matters pertaining to county business, which presents a conflict for any criminal prosecution,” Rowe said. “Allowing an independent prosecutor to review the evidence is the ethical thing to do.”

An email was sent to the appellate prosecutor’s office for comment. As of mid-afternoon Monday, it had not replied.

Shortly after the Dec. 3 incident occurred, Africano issued a statement apologizing for his tone and manner with one of the officers, as well as all in law enforcement and the community.

“While I may believe the situation was handled poorly, it was my responsibility to remain composed. I am accountable for my words and my conduct. I fell short, and for that, I am truly sorry,” Africano said in the three-paragraph statement.

The Daily Journal obtained the body-camera footage from two officers involved via a Freedom of Information Act request Dec. 9.

The Journal received the footage Dec. 22.

The footage was requested to review the incident. It involves all parties in the restaurant parking lot.

Africano was inside the restaurant when patrol officer Wade Long arrived at the scene. Long went inside, and during the conversation, he asked Africano about a gun.

“Do you have a gun on you?” Long asked.

“No. What makes you think I do?” Africano said.

“We were advised there may be a gun involved,” Long said.

The two then went outside. Africano said no, he did not hit the man’s car. His car has cameras and would show that.

Long asked to see the front of the car. Africano said there was no damage.

Patrol officer David Mullen then went over after talking to the other driver.

“[He] stated that [Africano] said he had a gun on him. So, let’s make sure. Hands up. On your head. Do you have a gun on you? “ Mullen said.

“No. And I don’t. ... Well, you don’t have to,” Africano said.

“Turn around. Turn around,” Mullen said. “You’re going to jail.”

“You’re making a big mistake, dude,” Africano said.

“A big mistake?” Mullen said.

“You’re making a big mistake,” Africano said again.

“Oh, who do you know? Who do you know?” Mullen said.

“Your [expletive] boss is who I know,” Africano said.

“Oh, OK. You know my boss? Well, you’re acting like a real [expletive],” Mullen said.

“OK, good. We’ll see,” Africano said.

“Badge No. 2512. My name is Mullen. We’ll see. I don’t care,” Mullen said.

“I don’t care either, [expletive],” Africano said.

“Oh, yeah, that’s real nice,” Mullen said.

Africano argued with Mullen about being under arrest.

Mullen said Africano was detained because they were investigating.

“You got your camera going?” Africano said.

“Absolutely. It’s right here,” Mullen said

“Good,” Africano said.

On the way to Jerome Combs Detention Center, Mullen was contacted by the Kankakee police patrol commander, who told him he is to give Africano a notice to appear in court and to not proceed to the jail.

Mullen turned around and took Africano back to the restaurant parking lot, where he took off the handcuffs and released Africano.

“In this incident, [disorderly conduct] is a Class C misdemeanor and therefore [a] nondeterminable offense,” Kankakee Police Chief Chris Kidwell said.

Disorderly conduct became nondetainable when the SAFE-T Act took effect.

According to a Kankakee police report, the Dec. 3 incident started at West Court Street and Kennedy Drive after the driver of the other vehicle said Africano’s car hit his back bumper.

The driver followed Africano, and they stopped in the parking lot of a gas station on West Court, where they had a verbal altercation.

There was a second verbal altercation in the parking lot of a restaurant on West Station Street.

The driver said Africano told him he was “packing” a gun and would shoot him.