The Chicago Sun-Times
CHICAGO — Criminal charges won’t be filed against a Chicago Police officer involved in an off-duty crash that killed two men last Thanksgiving, Cook County prosecutors announced Wednesday.
This is the latest turn in a case that began with police charging Officer John Ardelean, 34, with misdemeanor driving under the influence of alcohol after a two-vehicle crash Nov. 22 that killed Miguel Flores, 22, and Erick Lagunas, 21.
Cook County prosecutors filed more serious aggravated driving under the influence charges — which are felonies — after prosecutors reviewed the circumstances of the crash at Damen and Oakdale on the North Side. Ultimately, Cook County Judge Don Panarese tossed the charges because there was “no indication” the officer was intoxicated.
Wednesday’s decision comes after yet another review by prosecutors, who employed an independent accident reconstruction expert. But like the judge, prosecutors didn’t have ample evidence that alcohol caused the crash.
“Unfortunately, Ardelean was not given a Breathalyzer [test] until approximately seven hours after the accident,” according to a statement from the state’s attorney’s office. “That time gap prevented authorities from ascertaining a timely blood-alcohol level. In addition, the majority of the witnesses said there was no indication that Ardelean was under the influence of alcohol at the time of the crash.”
The reconstruction expert “found that Lagunas rolled through the stop sign and then accelerated, apparently when he spotted Ardelean’s SUV bearing down on him. Ardelean had the right of way and did not have a stop sign at the intersection,” according to the state’s attorney’s statement.
For that reason, the state’s attorney’s office won’t be moving forward with charges. But the victims’ family members said they are angry because they think Ardelean received special treatment from the Police Department. In addition, they’re upset that the state’s attorney’s office could have taken the evidence to a grand jury, whose members could decide on charges.
“My brother never caused any problems. He was a carpenter, he was a home owner — he was 22 and had his whole life ahead of him,” said Nancy Flores, Miguel’s sister. “For someone to be irresponsible, to drink and drive and commit such a crime, and then get away with it. Something’s not right.”
Chicago Police Supt. Jody Weis issued a statement saying, “The Chicago Police Department remains fully committed to thoroughly investigating the actions of this officer and the actions of his supervisors.”
An Internal Affairs investigation is ongoing, police said. Ardelean was relieved of his police powers after the November crash, but he remains on the payroll.
“I want to assure the families and the Cicero community that every action to address misconduct on any level will be taken to ensure proper adherence to the law and our administrative policies,” Weis said, directing some comments to the suburb where the victims lived.
Copyright 2008 The Chicago Sun-Times