Carpenterville settles lawsuit over birthday party arrests

A settlement has been reached in a lawsuit accusing three Carpentersville police officers of lying to justify arrests they made at a 5-year-old's birthday party in October 2009.

The four people arrested - and acquitted in a 2013 trial after a cellphone video proved their innocence - had filed the suit.

As part of the settlement, Dorian Castro, Juan Garcia, and Jose and Karina Luna had their lawsuit dismissed earlier this month with prejudice, meaning it cannot be refiled, records show.

Louis Meyer, attorney for the four who sued, could not be reached for comment, but said in the past he believed the video would have provided powerful evidence of malicious prosecution by police.

Jeannine Gilleran, defense attorney for the village and the officers, said terms of the settlement are confidential.

"The officers were dismissed from the lawsuit. They have and continued to deny all wrongdoing," Gilleran wrote in an email.

According to the lawsuit, officers Joseph Ascot, Jeffrey Elliot and Leonard Wronski responded to Garcia's home at about 11 p.m. Oct. 3, 2009, for a noise complaint.

The plaintiffs alleged the officers were rude, aggressive and did little to defuse the situation. The lawsuit, which sought unspecified damages, argued that the officers fabricated probable cause to justify the arrests.

Jail, probation in pot growing case:

A 39-year-old South Elgin man who faced prison on charges he grew more than 50 marijuana plants in 2012, recently pleaded guilty to reduced charges, his defense attorney said.

Cale C. Hand, of the 200 block of Windsor Court, recently pleaded guilty to misdemeanor marijuana possession and was sentenced to 30 days in jail and two years of probation, said attorney Liam Dixon.

Hand must serve 10 consecutive days in jail and then periodic imprisonment on weekends for 30 total days, Dixon said. He also must pay $2,500 in court costs, as well as a $7,500 drug fine.

Dixon said his client's criminal record only contained a misdemeanor offense from North Dakota, and the Kane County misdemeanor conviction will allow him to work and provide for his family.

"With the (felony), he would have lost the ability to take care of his child," Dixon said.

Hand faced anywhere from probation to seven years in prison if convicted of the most severe of the original charges.

If he violates probation, he could be resentenced to up to a year in jail.

hhitzeman@dailyherald.com