BY GEORGE PAWLACZYK
News-Democrat
Nine chiefs of police have endorsed a letter written by Belleville Police Chief Dave Ruebhausen urging that three Illinois state troopers charged with weapons violations not to be prosecuted.
If they are guilty, they should be punished administratively, according to Ruebhausen’s letter given Tuesday to the News-Democrat.
The letter also was endorsed by two state senators, two sheriffs and retired Belleville Police Chief Terry Delaney, a former U.S. marshal.
But a statement on Tuesday issued by interim U.S. Attorney Edward McNally cautioned, “These matters are now in public court ... no doubt many of the officials (listed in the letter) will look forward to an opportunity to have a complete understanding of all the facts in the case....”
The statement added, “Many would say that at the charging level, they (troopers) should be treated the same as any other citizen.”
The troopers -- Greg Mugge of Jerseyville, John Yard of Collinsville and James Vest of O’Fallon -- are charged in federal court in East St. Louis with illegal possession of automatic weapons. They face a maximum of 10 years behind bars and a $250,000 fine.
Vest and Yard are assigned to the State Police in Collinsville and Mugge works out of Litchfield. They were suspended with pay pending a hearing before the state police merit review board.
A physician, former Glen Carbon resident Dr. Harold Griffiths of Spaulding, also is charged. All were released on their own recognizance.
The troopers could have legally possessed automatic rifles or “machine guns” on their jobs if certain federal paperwork had been completed. Under certain circumstances, this would allow them to take the rifles home.
Ruebhausen urged that the troopers, who are said to have unblemished records, be disciplined internally.
His letter stated, “We do not see how the citizens are made safer by placing these troopers in jail.”
In an interview, Ruebhausen said, “You’re not supposed to own (illegal) weapons... But the bottom line is that with all the thugs out on the street, is society served by putting these officers in jail?”
McNally’s written statement, released after a copy of Ruebhausen’s letter was sent to the U.S. attorney’s office, stated, “The United States respects the views of the chiefs, sheriffs and the senators and the fact that they too, have to make decisions every day about whether to treat public officials the same as other citizens.”
The statement continued, “Every man and woman who has worn the badge has risked their life to protect others. That is one of the reasons there are few situations more challenging than allegations that a police officer has violated the law....”
Mearl Justus, the sheriff of St. Clair County, declined to add his name to the letter.
“They asked me and I said I’d rather not sign it because I don’t think anybody knows enough about what happened.”
The charges were announced Jan. 17 at a news conference at the U.S. attorney’s office. At that time, State Police Director Larry Trent said the troopers "... are not above the law.” He could not be reached for comment Tuesday.
According to information from the news conference, the weapons were rifles, an M-16 designed to fire automatically and two AR-15 semiautomatic rifles that had been converted to fire fully automatic, or as long as the trigger is depressed.
Vest, 39, is a weapons instructor who purchased his M-16 in 1998 and used it often for police firearms instruction. He allegedly told police that he sometimes took the weapon home.
Sen. Bill Haine, D-Alton, a former Madison County state’s attorney, said he was “stunned” when he read that the troopers had been charged.
“In this case there does not appear to be any conduct intended to violate the statute,” he said.
Besides Ruebhausen, the area police chiefs who signed the letter are, Chris Sullivan, Alton; Richard Miller, Granite City; Scott Williams, Collinsville; Patrick Delaney, Sauget; Joe Brauer, Waterloo; Joe Edwards, Columbia; William Webber, Wood River; Darren Carlton, East Alton; and Brian Vielweber of Smithton.
Williams, the Collinsville chief, said that while he allowed his name to be added to the letter, he is still in favor of criminal charges, if the facts warrant.
“I’m not saying they shouldn’t get in trouble over this,” he said, " (but) they shouldn’t be made an example of because they are officers.”
Sen. James Watson, R-Greenville, whose name is on the letter, could not be reached. Delaney also could not be reached.
Bond County Sheriff Jeff Brown and Madison County Sheriff Bob Hertz also added their names to the letter. Hertz was out of town but Brown said, “I see this as driving a wedge between (federal officers) and local and state law enforcement.”
Contact reporter George Pawlaczyk at gpawlaczyk@bnd.com (mailto:gpawlaczyk@bnd.com) and 239-2625.
Belleville News Democrat (http://www.belleville.com/)