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Daily Journal

No charges filed in Africano case

nick africano

No charges will be filed against Kankakee County Treasurer Nick Africano in connection with a Dec. 3 incident in which he was cited for misdemeanor disorderly conduct.

Special Prosecutor Derek Dion informed Kankakee County Associate Judge Brenda Claudio of this when the case was called Thursday morning at the Kankakee County Courthouse.

“At this time, the case remains under review,” Dion told Claudio.

Africano, who also is chairman of the Kankakee County Republican Party, was at the courthouse Thursday.

Claudio said that since it is a misdemeanor, prosecutors have up to 18 months after to file charges.

Dion is a special prosecutor for the Illinois State’s Attorneys Appellate Prosecutor’s Office.

Kankakee County State’s Attorney Jim Rowe was granted a motion to have a special prosecutor appointed.

“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 last month. “Allowing an independent prosecutor to review the evidence is the ethical thing to do.”

Although his criminal case has been resolved, Africano has filed a civil motion regarding Kankakee police body cam footage of the Dec. 3 incident.

The footage was obtained through a Freedom of Information Act request by the Daily Journal last month.

In his motion, filed Dec. 23, Africano asked the court to “stay FOIA release of body-worn camera footage and motion to seal body-worn camera footage.”

That case is up for a hearing Friday.

The Dec. 3 incident involved the driver of a vehicle who accused Africano of hitting the rear of his vehicle at the intersection of West Court Street and North Kennedy Drive. Africano drove off, according to a police report.

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

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

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

The footage showed Africano being detained during the investigation. He was put in handcuffs.

Africano argued that the action was illegal. He then got into an argument with Kankakee police patrol officer David Mullen.

During the interaction with Mullen, Africano asked if Mullen knew who he was. Africano also asked if the body camera was operating.

While Africano was being taken to the Kankakee County jail for booking, Mullen received a call from the patrol commander telling him to take Africano back to the parking lot and issue a notice to appear in court.

That action is a procedure from the SAFE-T Act. It is not a detainable offense, police said.

Jeff Bonty

Jeff Bonty

Jeff Bonty has been a reporter with the Daily Journal for 38 years, splitting his time in sports and now news. He is a native of Indiana.