Lake County Sheriff's office denies politics a factor in indictment of former jail guards

The defense attorney for two former Lake County jail guards charged with official misconduct in connection with a 2011 jailhouse scuffle that left a prisoner paralyzed, questioned whether politics was a factor in the timing of the indictment.

After a bond hearing Thursday for Rodney Holmes, 44, and Robert Schlesser, 49, attorney Doug Roberts called the timing of Wednesday's indictment by the Lake County grand jury and the Illinois Appellate Prosecutor's Office, "very awkward."

Holmes, of Zion, and Schlesser, of Round Lake Beach, turned themselves in at the Lake County jail Thursday on a $75,000 arrest warrant. Each was released on a $75,000 signature bond.

"I've been told the timing of this was not political, and I don't necessarily disbelieve them," Roberts said. "It's just very awkward."

Lake County Undersheriff Raymond Rose said the charges were filed because the three-year statute of limitation for the Oct. 31, 2011 scuffle when Eugene Gruber was paralyzed was set to expire Friday. Gruber died from his injuries a few months later in a Chicago rehabilitative hospital.

"I assure you, this whole political part had nothing to do with it," Rose said. "The sheriff's department is doing what we should be doing."

Lake County Sheriff Mark Curran, a 51-year-old Republican from Libertyville, is challenged in the Nov. 4 election by Democrat Jason Patt. Patt, 36, of Zion, has been critical of Curran's handling of the case.

Patt said he didn't know enough about the charges to comment, but called the timing of the indictments six days before the election "a little bit suspicious." Curran said he had no input regarding the timing, and added "ultimately, the decision to indict was from the appellate prosecutor."

Schlesser and Holmes appeared in bond court Thursday and told Lake County Judge George Bridges they are unemployed and have no previous convictions.

Appellate Court prosecutor Charles Zalar - who did not appear in person but was phoned in to the courtroom by Bridges for the hearing - did not object to the signature bond.

Bridges did not issue any bond restrictions and both men were released about 10 minutes after the court appearance. Holmes and Schlesser are expected to appear in court for arraignment Nov. 13.

The indictment against Holmes and Schlesser centers on their actions after Gruber, 51, of Grayslake, was injured during a scuffle with deputies while being booked on charges of disorderly conduct and trespassing.

Gruber was "intoxicated and uncooperative," and repeatedly fought with jail guards, Rose has previously said. At one point, a jail guard placed Gruber in a "takedown hold" and both Gruber and the guard fell to the ground, Rose has said.

Authorities believe Gruber suffered a spinal injury during that fall.

Despite complaining of the injury, Gruber was placed in a cell for 15 hours before being dragged to a different area of the jail to be photographed, Rose has said. Gruber's cries of pain and complaints that he couldn't move his legs went unheeded, Rose has said.

Holmes and Schlesser were charged, in part, because they dragged Gruber through the jail to be photographed, propped him up for the picture, then dragged him to his cell, Rose said. They also didn't report Gruber's injuries and didn't get him medical attention he required.

"This is still an ongoing investigation and there could potentially be other indictments from the appellate prosecutors office," Rose said Thursday. The statute of limitation for Gruber's death expires in March.

An administrative audit of the case resulted in the firings of three jail employees, including Holmes and Schlesser. Disciplinary action was filed against seven others, the sheriff's office announced in May.

The audit was sent to the Lake County State's Attorney's Office for review, then passed to the Illinois appellate prosecutor to avoid a potential conflict of interest. The appellate prosecutor filed the charges against Holmes and Schlesser.

Gruber's family settled a lawsuit against the county for $1.95 million earlier this year.

The third guard fired in the case was removed because she did not perform jail cell checks as required, officials said. Rose said that guard, who has not been charged, was reprimanded three times previously for not correctly making jail cell checks.