Woodstock officer may be charged by county

Gregory Harutunian, for Chronicle Media

 

The McHenry County State’s Attorney’s Office is reviewing written and dashcam data received from the Illinois State Police, from an Aug. 28 traffic stop, involving former police offer Eric Schmid

Woodstock police officer Sharon Freund, and former officer Eric Schmidtke, appeared before the city council and were feted over the arrest involving 17 pounds of marijuana.

Woodstock police officer Sharon Freund, and former officer Eric Schmidtke, appeared before the city council and were feted over the arrest involving 17 pounds of marijuana.

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Schmidtke pulled over Phillip Williams Aug. 28 for an expired license plate sticker on a 2014 black Mazda.

According to the filed police report, the officer “detected the slight odor of cannabis,” emanating from the vehicle. Schmidtke asked if he could search the vehicle, and Williams refused. Another Woodstock officer, Sharon Freund, was summoned with Blue, from the K-9 unit, to conduct a vehicle walk-around. Williams objected to the search, and prolonged delay, saying, “I should be free to leave.”

Dashcam footage shows Schmidtke telling Freund, “If you smell it, you can search it.” He later says, “I can’t smell it.” Freund asks, “Why did you say you can smell it?” The two officers discussed Phillip’s prior arrest in 2014, and proceeded with the search, which yielded a duffel bag in the trunk with several vacuum-packed plastic bags of what was alleged to be marijuana.

Williams was arrested and charged with unlawful possession of more than 5,000 grams of marijuana with intent to deliver, a felony crime with a mandatory minimum sentence of six to 30 years. Court documents show that the charge was dropped Oct. 20 by the state’s attorney’s office, along with the traffic violations for driving without proof of insurance and proof of valid registration.

“All the information we have, came from the Illinois State Police, after they had concluded their investigation regarding the officer’s conduct on this matter,” said Patrick Kenneally, the McHenry County State’s Attorney. “If criminal charges against the officer are warranted, then we will proceed. We are currently reviewing the materials, and there is no time frame … but generally, it takes around two weeks.”

Williams has subsequently filed a civil lawsuit through Meyer and Kiss LLC against the two officers, and the city of Woodstock for constitutional violations. According to the filing, Williams claims that he gave no permission for the search, and that Schmidtke told Williams he could not leave, although there was no probable cause or legal justification to detain him. The lawsuit seeks unspecified monetary damages.

“Since everything is ongoing, we really can’t comment further,” he said. About the marijuana that was allegedly found in Williams’ car trunk, Kenneally said, “If investigations into that area are being pursued by the Woodstock police department, or other law enforcement agencies … I have no knowledge of that.”

Woodstock police Chief John Lieb said, “The investigation involving Mr. Phillip Williams is open, and ongoing. We cannot comment at this time. The felony charge and traffic violations filed against him are nolle prossed.

“I can confirm, however, that former officer Schmidtke resigned from the department Oct. 17, and has no further connection with the department, other than being a defendant in the civil lawsuit,” he said. Officer Freund continues in her position with the department.

Nolle prossed is a legal term meaning no prosecution.

“Basically, it’s a statement by a judge, or prosecutor, prior to or during a trial, in dropping any, or all, criminal charges, due to being unable to prove their validity,” said Matt Stanton, a private attorney and former candidate for the Lake County State’s Attorney’s Office. “The evidence indicates innocence the defendant, or an inherent flaw in the prosecution’s assertions.