A Wisconsin man charged with obstructing justice in the death of a 16-year-old Allendale resident earlier this year entered a not guilty plea Thursday in Lake County Circuit Court.
Justin Serak, 27, of Grafton, Wis., pleaded not guilty to the obstruction charge before Judge Daniel Shanes at an arraignment hearing Thursday morning.
James Davis, 37, had already pleaded not guilty to charges of involuntary manslaughter and obstructing justice in connection with the March 30 death of Shaquan Allen of Chicago.
Both Davis and Serak were employees of the Allendale Association in Lake Villa when Allen died.
Prosecutors said the 16-year-old Allen was having a “behavioral episode” on the evening of March 30 when Davis and Serak each took an arm and tried to escort him back to his bedroom. Allen became combative, officials said, prompting Serak to grab his legs while Davis took control of his upper body and put him in a chokehold.
When Allen became unresponsive and was placed on the floor, authorities said that the two employees agreed to a story that Allen had knocked over a cup of water, slipped and fell.
Shanes told Serak Thursday that the charges against him allege that he threw water on or around Allen during the incident and provided “false information” to police investigating the death.
Serak’s defense attorney, Robert Ritacca, said he was going to file motions to sever the trials of his client and Davis, and to request a speedy trial for Serak, meaning it must be held within 160 days of his notification to the court.
Ritacca has also attempted to subpoena information from Allendale related to the incident. Attorneys for Allendale present at the arraignment Thursday said they would attempt to have the subpoenas quashed on grounds that they involve medical and mental health information.
But Ritacca said after the hearing the information he has requested involves policies at the facility regarding “how to handle a disruptive client.”
Ritacca also said he plans to challenge the grand jury indictment against Serak, claiming it is insufficient to warrant the charges against him.
Serak, who is free from custody after posting 10 percent of a $50,000 bail, is scheduled for a May 24 case management hearing, and Shanes set a trial date for Serak of July 18.
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Davis remains in the custody of the Lake County Jail on $500,000 bail. Davis currently is scheduled for the same case management and trial dates as Serak.
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