If it is possible to separate emotions from tragedy, the ongoing legal drama in DeKalb County may prove instructive.
Circuit Court Judge Mary Buick Monday allowed Nathan Sweeney to remain at home while awaiting trial on charges of driving under the influence of drugs and causing the March 28 vehicle crash that killed an on-duty sheriff’s deputy.
As Shaw Local News Network’s Kelsey Rettke reported, prosecutors adequately met two criteria for pretrial detention. Their evidence concerning Sweeney’s toxicology reports and criminal history point toward a likely eventual conviction and make the case he remains a danger to the public. But they failed to argue there were no possible conditions that could mitigate said danger.
Sweeney’s defense attorneys compared his case to that of DeKalb resident James Corralejo, a South Holland police officer who faces similar reckless homicide charges stemming from an off-duty incident. Corralejo pleaded not guilty and Circuit Court Judge Philip Montgomery approved conditional pretrial release.
Montgomery forbade Corralejo from consuming alcohol while awaiting trial and ordered an ankle sobriety monitor to ensure compliance. Buick won’t let Sweeney drive, which will keep him from work, and is making him undergo random dug tests at least three times per week.
Were cash bail still legal in Illinois, it’s possible both judges could’ve set a financial hurdle for pretrial release in addition to conditions. And while the government would’ve made some money in the effort, these are the types of situations that gave rise to the debate over eliminating a system wherein certain people could buy their way out of county lockup.
With regards to Corralejo, if alcohol is the primary substance concern and an ankle monitor does its job, staying home makes more sense than consuming taxpayer resources in jail. It’s a little trickier with Sweeney, as the toxicology reports show other substances not as easily monitored with real-time technology. Routine drug tests aren’t free.
Further, without physical restraint the driving ban is more or less on the honor system. (Ask your local police records supervisor how many arrests are made each year for driving on a suspended or expired license.)
One possible legislative response is making any charges involving death or severe injury of a peace officer (or any government employee) automatically ineligible for pretrial release. Another is tightening judicial discretion regarding acceptable conditions.
None of those changes would reverse these tragic deaths, but future action seems likely.
ON THIS DAY: It’s the 59th anniversary of the Palm Sunday Tornado, which killed hundreds, injured thousands and did more than $1.2 billion in damage across several states. The worst damage in Illinois happened in and around Crystal Lake, which the Historical Society chronicled in a thorough 2015 post still available at cl-hs.org/local-history/palm-sunday-tornado.
• Scott T. Holland writes about state government issues for Shaw Local News Network. Follow him on X @sth749. He can be reached at sholland@shawmedia.com.
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