Lawsuit: Carpentersville police lied about birthday arrests

Four people have filed a malicious prosecution lawsuit against Carpentersville police, saying a trio of officers lied to justify arrests made when responding to a noise complaint at the birthday party of a 5-year-old boy in 2009.

The four people - Dorian Castro, Juan Garcia, and Jose and Karina Luna - were acquitted of all charges in a January bench trial before Judge Susan Clancy Boles. A video recording of the incident served as a key piece of evidence, according to court records and attorney Louis Meyer, who filed the lawsuit on behalf of the four.

"We're saying the officers fabricated the probable cause to justify their behavior. They alleged things in the report that did not happen," Meyer said. "They would have had a much more difficult time in prevailing (in criminal court without the video). Here we have a video. It's very powerful."

Carpentersville Public Safety Director Al Popp said the village does not comment on ongoing litigation.

Meyer, who declined for now to release the video, said the incident began about 11 p.m. Oct. 3, 2009, when officer Joseph Ascot responded to Garcia's for a music complaint.

According to the suit, Ascot was "rude and insulting" to the people at the party. Two other officers, Jeffrey Elliot and Leonard Wronski, showed up. Some people began asking the officers why they were there when Ascot arrested Garcia, whose child was having the birthday.

The suit argues Garcia had not broken any laws and police lacked probable cause or suspicion to make an arrest. Jose and Karina Luna also asked Ascot why Garcia was being arrested and then they, too, were arrested, according to the lawsuit. Castro also was arrested.

"One of the party guests took plaintiff Dorian Castro's phone and continued to record the defendant-officers. One of the defendant-officers can be heard threatening that if the guests keep it up, they will be arrested next," according to the lawsuit.

Meyer argues the three officers were immediately aggressive and did little to diffuse the situation. None of the officers made any ethnic or racial slurs or insults, Meyer said.

Meyer said his clients - Castro, 34, now of Woodstock; Jose and Karina Luna, 41 and 37, respectively, of Elgin; and Garcia, 39, of Carpentersville - spent more than $20,000 on defense attorney fees while the court case dragged on for five years.

Malicious prosecution cases are difficult to win because officers and prosecutors are afforded immunities so they are able to do their jobs. Meyer believes his clients' testimony, along with the recording, make a compelling argument in this case.

The case is due in court March 5. The four are seeking unspecified damages.