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Former Joliet Sgt. Esqueda sues city and former police officials for malicious prosecution

Javier Esqueda leaves the Kendall County Courthouse after his status hearing. Esqueda faces official misconduct charges for leaking video of Eric Lurry’s arrest. Lurry died from a drug overdose. Tuesday, June 14, 2022 in Yorkville.

Retired Joliet Police Sgt. Javier Esqueda has filed a federal lawsuit against the city and former police officials for malicious prosecution in the criminal case against him that fizzled out a year ago when prosecutors dropped the charges.

Esqueda was a key figure in the controversial aftermath of the death of Eric Lurry while in police custody in January 2020.

Considered a whistleblower by his supporters and arrested for official misconduct by Joliet police for his actions, Esqueda released police video of Lurry’s arrest and subsequent treatment by police to a Channel 2 reporter.

He still faces repercussions from the Joliet Police Department today, according to the lawsuit filed Friday in the U.S. District Court for Northern Illinois in Chicago.

The lawsuit filed by the Condon Law Firm in LaGrange alleges that Esqueda “was maliciously prosecuted and subjected to retaliation after publicly disclosing police misconduct which contributed to the death of an arrestee.”

Demonstrators protested outside Joliet City Hall, the Will County Courthouse and the Joliet Police Department on Saturday in response to the Jan. 29 death of Eric Lurry, who overdosed in Joliet police custody and died hours later at a hospital.

It’s one more legal landmine from the Lurry case for the city, which is in the process of negotiating a possible settlement on a federal lawsuit filed by his widow, Nicole Lurry.

The lawsuit details how Esqueda received a visit at home from Joliet police officials, who took away his badge, gun and squad car a few days after the video was televised in July 2020.

Esqueda was then assigned to desk duty and presented a list of officers with whom he was forbidden to have contact.

In October 2020, he was arrested for felony official misconduct. Esqueda was handcuffed and taken to the Kendall County Jail, where he spent five hours in a jail cell before being bonded out by his attorney, Jeff Tomczak, according to the lawsuit.

Defense attorney Jeff Tomczak speaks with the judge during a status hearing for Javier Esqueda at the Kendall County Courthouse. Esqueda faces official misconduct charges for leaking video of Eric Lurry’s arrest. Lurry died from a drug overdose. Tuesday, June 14, 2022 in Yorkville.

The charges against him basically alleged that Esqueda violated the law by gaining access to the video and then releasing it to the media.

But, according to the lawsuit, Esqueda was encouraged to review the matter at the time by current Deputy Chief Sherrie Blackburn because of his duties as a training officer. Blackburn referred to what she had seen in the video, the lawsuit states.

When he first viewed the video, according to the lawsuit, Esqueda was joined by then Lt. Dawn Malec. Malec went on to become police chief during a time when the official misconduct case continued.

Esqueda retired from the Joliet Police Department on July 20, 2022.

Javier Esqueda's employee photo from the Joliet Police Department.

On Dec. 13, 2024, the Kendall County State’s Attorney’s Office, which was handling the official misconduct case, dropped the charges.

Even since then, the lawsuit states, current Joliet Police Chief William Evans has refused to reinstate Esqueda’s retiree badge or sign off on an Illinois Retired Officers Concealed Carry form.

“Both of these refusals have prevented and still prevent (Esqueda) from seeking gainful employment,” the lawsuit states.

Evans is not a defendant in the lawsuit.

Nicole Lurry, the widow of Eric Lurry, discusses the circumstances of her husband's death with Joliet Police Chief Al Roechner at Sunday's protest.

Named as defendants are former Chief Al Roechner, who was chief at the time of the Lurry arrest and initial prosecution of Esqueda, as well as former deputy chiefs Marc Reid and Joe Rosado. Then-Lt. Joseph Egizio also is a defendant.

In addition to two counts of malicious prosecution, the lawsuit alleges a civil conspiracy under state law that led to false accusations against Esqueda.

A fourth count alleges retaliation against Esqueda for executing his rights of free speech under the First Amendment.

City and police officials did not immediately respond to a request for comment on Monday afternoon.

The lawsuit also details the circumstances of Lurry’s arrest and subsequent death after swallowing drugs while being arrested during a narcotics investigation.

The Will County Coroner’s Office determined that Lurry died from an overdose of a fentanyl, heroin and cocaine.

Questions about police conduct have centered on their treatment of Lurry as he was losing consciousness while in custody.

Bob Okon

Bob Okon

Bob Okon covers local government for The Herald-News