A day after his criminal case was resolved, Kankakee County Treasurer Nick Africano’s civil motion against the city of Kankakee was dismissed Friday regarding body camera footage from a Dec. 3 incident involving Kankakee police.
Africano, the chairman of the Kankakee County Republican Party, did not show up for Friday’s 3 p.m. hearing.
At 3:10 p.m. Kankakee County Associate Judge Andrew Purcell dismissed the case.
Kankakee city attorney, Dawn Landweher, was at Friday’s hearing.
Africano filed his motion Dec. 23. However, he had not had the city of Kankakee served with the petition, so a new date to hear the motion was set for Friday.
In his motion, Africano asked the court to “stay FOIA release of body-worn camera footage and motion to seal body-worn camera footage.”
The footage was obtained through a Freedom of Information Act request by the Daily Journal last month.
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.
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