You might be interested to know that the suit brought by Dr. Jerome and Carla Pavlin against the McHenry County Sheriff’s Department has racked up $186,148.46 so far.
The last time we checked in November, 2011), the total was $118,000.
Before you jump to the conclusion that it cost local taxpayers that much, you need to know that McHenry County had an arrangement with a risk management agency that “only” made McHenry County pay the first $100,000 in bills from outside attorneys.
So, as with the wrongful termination case Deputy Zane Seipler brought against the Sheriff’s Department, where total legal fees are over $881,000, taxpayers only are on the hook for the first $100,000.
The defendants were
- McHENRY COUNTY
- KEITH NYGREN
- JEREMY BRUKETTA, Star 1909
- KYLE MANDERNACK, Star 1726
- TREVOR VOGEL, Star 1773
- CHRISTOPHER JONES, Star 1877
- RYAN LAMBERT, Star 1941
- GREG PYLE, Star 1672
- DAVID SHEPHERD, Star 142
A settlement has been reached, but the details of how much it will be have not been made public. The $7 million settlement with two men in the Chicago Police Commander John Burge torture case was made public as the Chicago City Council prepared to pay it.
A person familiar with the case has written for following summary:
On March 14, 2008, Jerome, who was 80-years-old at the time, and Carla, who was 65-years-old at the time, were at their home located in unincorporated Crystal Lake.
At approximately 8:30 p.m., Jerome and his son, Carl, were sitting in the living room watching television while Carla was in the bedroom reading.
While watching television, Jerome and Carl heard someone banging on the front door.
As there is a large partition that separates the living room from the foyer near the front door, Jerome and Carl could not see who was at the door.
Carl got up and walked into the foyer to see who was at the door.
When Carl got into the foyer, he cracked open the front door and asked what the men at the door wanted.
Defendants Jeremy Bruketta and Christopher Jones told Carl that they were McHenry County Sheriff’s deputies and had an arrest warrant for Carl.
Bruketta and Jones then began to push the door open.
As a result of their pushing, glass on the front of the door broke.
Photographs taken of the scene show that the glass was broken from outside and not from the inside of Jerome and Carla=s home.
Bruketta and Jones then entered the Pavlin home.
Bruketta and Jones were never given permission to enter Jerome and Carla’s home.
Prior to coming to Jerome and Carla=s home, Bruketta and Jones both knew that Carl did not live there.
In fact, they knew that Carl lived at another address and was just at Jerome and Carla’s home visiting.
Bruketta and Jones only had a misdemeanor arrest warrant for Carl.
They did not have a search warrant for Jerome and Carla’s home.
The misdemeanor arrest warrant for Carl did not list Jerome and Carla’s address.
After entering the Pavlin home, Bruketta and Jones placed Carl into custody.
Carl did not resist Bruketta and Jones.
While handcuffing Carl, Jerome walked towards the foyer because he heard the front door brake.
When Jerome got to the foyer, he saw Bruketta handcuffing Carl.
Jerome asked Bruketta and Jones what they were doing in his house. Bruketta and Jones told Jerome that they had an arrest warrant for Carl.
After Carl was handcuffed, Jerome told Bruketta and Jones to get out of his home.
Bruketta and Jones did not leave Jerome and Carla=s home as ordered. Arguably, and according to the McHenry County State’s Attorney’s office,
Bruketta and Jones had no legal authority to enter Jerome and Carla’s home in the first place.
After they had Carl in custody, they certainly did not have any legal authority to remain in Jerome and Carla’s home after Jerome told them to leave.
A short time later, Defendants Mandernack, Vogel and Lambert arrived at Jerome and Carla’s home.
Mandernack, Vogel and Lambert entered the Pavlin home.
Jerome again asked the Defendants to get out of his house.
At this time, Bruketta escorted Carl out to a squad car. Defendants Mandernack, Vogel, Lambert, and Jones remained in the Pavlin home. Jerome again asked them to leave.
They did not.
Instead, the offices told Jerome that they were going to search the home.
Jerome told the officers that they could not search his home and that they had to leave. Jerome also asked to see the search warrant that would authorize them to conduct the search.
As the officers did not have a search warrant, none was produced and the officers did not leave.
At this time, Carla heard commotion in the foyer.
Carla exited her bedroom and walked into the foyer.
Jerome told Carla to call 911 and request the assistance of the Crystal Lake Police Department because the officers would not leave his home.
Carla called 911 and asked for police assistance.
The dispatcher told Carla that since they live in unincorporated Crystal Lake, that the McHenry County Sheriff’s Office is the only police that would respond.
Carla was speechless as it was members of the McHenry County Sheriff’s Office that she and Jerome needed protection from and needed to get out of their home.
On the 911 recording, you can actually hear the officers going through the Pavlin house searching and touching objects.
Additionally, you can hear an upset Jerome telling the officers not to touch anything and get out.
After getting nowhere with 911, Carla and Jerome again asked the officers to leave.
Jerome stood right in front of Mandernack, who appeared to be the instigator of the search and refusal to leave the home, and once again told him that they needed to leave their home.
Carl was already in handcuffs and outside in a squad car.
Their arrest was made and Carl was in custody.
The officers, however, would not leave.
While Jerome was telling Mandernack and the other officers to leave, Mandernack and Vogel grabbed the 80-year old Jerome and violently knocked him to the floor.
Mandernack and Vogel then kneed Jerome.
Lambert also came over and grabbed Jerome.
Jerome screamed out in pain for the Defendants to stop.
Defendants Jones and Burketta stood by and did nothing.
Since Jones and Burketta did nothing, Carla went over to where Jerome and the officers were and tried to stop the officers from hurting Jerome.
Carla touched Mandernack on his uniform in an attempt to gain his attention.
Carla was successful.
Mandernack turned and violently punched Carla in the chest.
Carla was knocked against a granite counter top that is attached to the partition that separates the living room from the foyer.
Carla severely injured her back.
Photographs taken of Carla shortly after the incident depict a large bruise on her chest and a large bruise on her back.
Mandernack’s claim that he pushed Carla and she simply fell back on her butt is not supported by the evidence and, in fact, the evidence contradicts Mandernack’s claim.
At this time, Defendants Pyle and Shepherd arrived on the scene.
Carla was unable to get up and the Defendants called for an ambulance.
Mandernack handcuffed Jerome extremely tight.
So tight that the handcuffs cut into his wrists.
Jerome told Mandernack that he was injured. Mandernack ignored Jerome.
Later, Mandernack claims he noticed that Jerome’s arms were bleeding, Mandernack then decided to take Jerome to the hospital.
Carla was taken directly to Northern Illinois Medical Center for medical attention.
As both the 80-year-old Jerome and 65-year-old Carla were injured and receiving medical attention, the Defendant-Officers had a big problem.
In an attempt to solve their problem, the Defendant-Officer came up with a plan to falsely claim that is was the Jerome and Carla that attacked them.
Mandernack, therefore, signed criminal complaints against Jerome and Carla for felony aggravated battery and resisting arrest.
After being processed and falsely charged with aggravated battery to a police officer and resisting a peace officer, Jerome bonded out of jail.
Carla did not go to the McHenry County Jail that night as she remained hospitalized due to her injuries.
Carla was treated for swelling, bruising, chest pain, and anxiety.
After leaving the hospital, Carla went to The Fountains at Crystal Lake where she remained for treatment.
Carla’s injuries rendered her immobile for approximately two weeks.
Carla was also treated by her primary doctor, Dr. Eduardo Palanca, regarding the injuries she sustained.
Jerome was treated at Northern Illinois Medical Center for lacerations to wrists, bruising to his chest, bruising to his arms, bruising to his back, and neck pain.
Jerome also received follow-up medical treatment from his primary doctor.
Jerome and Carla=s allegations are corroborated by witnesses, the medical records, and the photographs of their injuries.
Additionally, Wendy Wesolek, a probation officer for McHenry County, informed Assistant State’s Attorney Ryan Blackney, who was handling the Pavlin case, that one of the Defendants, Ryan Lambert, told her that he was upset about the Pavlin arrest and that the arrest reports were written together and changed at the direction of supervisors.
Furthermore, Zane Seipler, the now-reinstated McHenry County Sheriff’s Deputy, spoke with the Pavlin’s criminal defense attorneys and informed him that he witnessed the meeting where the reports were falsely prepared.
As a result, the bogus charges against Jerome and Carla were nolle prosequied with prejudice by motion of the state on July 14, 2009.
Even though Jerome and Carla knew they did nothing wrong to warrant the arrest and excessive force, they still feared people in the community would read of their arrest.
This concerned Jerome and Carla very much as they are a well respected family in the community.
They also were concerned of the possibility of being found guilty based upon fabricated testimony of the Defendants.
The charges against Jerome and Carla carried sentences of 2-5 years in prison.
Use of force by Mandernack is a serious issue.
Although in his verified discovery answers, Mandernack denies that there have ever been any allegations made against him involving the use of excessive force, we know that not to be true.
Once such allegation of excessive force is the arrest of Bradley Mitroff on February 22, 2007.
That allegation was sent to the Illinois State Police to do an investigation.
A second allegation surfaced after the arrest of Sean Connell on January 9, 2008.
Additionally, ASA Blackney told Mrs. Wesolek that during the criminal trial Mark Gummerson had subpoenaed prior misconduct of the Defendants.
After an in camera inspection of the documents produced by the Sheriff’s Officer, there was not prior cases of misconduct discovered.
Mrs. Wesolek was surprised and responded to Blackney by saying, “AI wonder what happened to that.”