Two young men were killed when the car belonging to off-duty Chicago police officer John Ardelean collided with them on Thanksgiving Day in 2007, a Chicago Tribune article explains. The now 36-year-old officer was charged with reckless homicide and an aggravated DUI.
But now it looks like his case is in limbo and the fatal DUI charges may be dropped by prosecutors.
Cook County Circuit Court Judge Thomas Gainer ruled that John Ardelean was arrested and held without probable cause, thereby tossing out the arrest. Prosecutors could refile, but they likely lack any new evidence.
Relatives of one of the victims, 22-year-old Miguel Flores, were taken to a holding cell after reportedly screaming obscenities and struggling with court deputies, understandably upset over the ruling. They later were released.
Police Lt. John Magruder ordered the arrest of John Ardelean several hours after the accident, even though he reportedly smelled alcohol on his breath and detected bloodshot eyes. None of the other responding officers or the responding emergency crew reported any signs of intoxication, but two of the officers knew the suspect personally.
John Ardelean's Chicago DUI attorney, Thomas Needham, was expectedly thrilled by the ruling:
"The charging decision by Lt. Magruder was based on concerns or fears he had that had nothing to do with any evidence."
The defense had argued that John Ardelean was charged with a DUI in order to avoid accusations of a police cover-up. Responding to such claims, Judge Thomas Gainer wrote the following:
"Everything that happened on the street that morning happened in a very short period of time. There was no time to formulate this conspiracy to protect the defendant."
Related Resources:
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Knowing When An Arrest Is Legal (FindLaw)
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DWI-Related Traffic Stops: Probable Cause, Searches and Seizures (FindLaw's KnowledgeBase)
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Contact a Chicago DUI Lawyer (FindLaw)
