Federal arbitration has upheld three terminations and one demotion of Lake County Sheriff’s Office corrections officers following the death of an inmate who suffered a neck injury in the Lake County Jail.
This month, arbitrator Edwin H. Benn upheld the sheriff’s office terminations of corrections officers Rodney Holmes, Robert Schlesser and Lilia Cruz, and the demotion of corrections Sgt. Lance Ware for their actions relating to the death of Eugene Gruber, according to sheriff’s office spokesman Christopher Covelli.
Covelli said the arbitration took place through the Federal Mediation and Conciliation Service under conditions of the contract between the sheriff’s office and the union representing the officers.
Officials said Gruber, who was allegedly drunk and uncooperative, suffered a broken neck during a takedown maneuver while struggling with Lake County Jail corrections officers Oct. 31, 2011. His condition was not quickly addressed after a jail nurse told officers Gruber was not seriously injured, according to reports.
Gruber, 51, of Grayslake, was paralyzed in the jail for about 24 hours before he was taken to a hospital, according to officials. He died March 3, 2012, while still hospitalized.
“We have taken many steps to prevent another tragedy like this,” Sheriff Mark Curran said in a statement Monday. “In addition to the discipline imposed, we’ve done a complete update of policies and operational procedures in the jail. Inmates have the right to be treated fairly and humanely while in custody at the Lake County Jail.”
Two of the officers, Holmes and Schlesser, were charged with felony official misconduct resulting from the death of Gruber. Schlesser died of natural causes before his case went to trial, but Holmes was found not guilty in April after a bench trial before Judge James Booras.
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Booras ruled that Holmes — who was seen in a video dragging Gruber — was acting under “highly prejudicial” information made after a jail nurse said Gruber was “faking” his inability to move.
Booras said he considered the nurse’s action a “misdiagnosis,” but stressed it was the information that corrections officers were given.
Holmes’ attorney, Douglas Roberts, was not immediately available for comment Monday after the arbitration results were announced.
Undersheriff Ray Rose said he believes the arbitrator was correct in upholding the disciplinary action despite Holmes’ acquittal of the criminal charge in court.
“I firmly agree with arbitrator Benn’s statement (that) ‘the fact that Holmes was found not guilty in the criminal proceedings does not automatically mean that he did not engage in misconduct in this case.’ The Lake County Sheriff’s Office will simply not tolerate excessive force or untruthful reporting from our employees,” Rose said.
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