A Cook County Judge ruled yesterday that key evidence couldn’t be used in the case against a Chicago police officer involved in a fatal alleged DUI crash. The Chicago officer was filmed drinking substantial amounts of alcohol minutes prior to a car crash that resulted in the deaths of Miguel Flores and Erick Lagunas. The crash occurred on Thanksgiving Day 2007 while Officer John Ardelean was off duty.
Judge Thomas Gainer Jr.’s ruling throws out Ardelean’s arrest based on a lack of probable cause. His criminal defense attorneys challenged the arrest based on the accounts of two officers, a sergeant, and a fire department paramedic who all claimed that Ardelean didn’t appear intoxicated at the scene. Only several hours later did a police lieutenant suspect he was intoxicated, at which time he was subject to a Breathalyzer.
Adelean had been charged with four counts of aggravated DUI and two counts of reckless homicide. He had been filmed drinking at the Martini Ranch Bar just minutes prior to the crash. Prosecutors must decide whether to proceed on those charges by the next court date (May 25th at 26th and California).
After the ruling, a scuffle ensued in the hallway outside of the courtroom between the emotional relatives and friends of the victims and Sheriff’s deputies. The Sheriff spokesman issued a statement indicating that charges wouldn’t be pressed despite the fact that a couple of deputies had minor injuries, including a possible broken finger.
Judge throws out DUI evidence against Chicago cop in fatal crash, suntimes.com, April 27, 2010
Officer charged in fatal DUI crash scores victory in court, wgntv.com, April 27, 2010