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Lake County officer acquitted over handling of paralyzed prisoner

A former Lake County corrections officer accused of official misconduct for not helping an inmate who became paralyzed in a jail scuffle with guards was found not guilty in court Thursday.

Rodney Holmes, 45, of Zion was cleared of charges by Judge James Booras for dragging Eugene Gruber, 51, across the jail and propping him up for a booking photo.

Defense attorney Doug Roberts said the acquittal came because Holmes was told by other officers and medical staff members that Gruber was faking his injury at the time.

"I think the decision to prosecute in the first place was unfortunate," Roberts said. "You need to rely on what medical personnel say when you are a jailer. The idea that he should have known better than what medical staff was telling him, I don't know that to be true."

Undersheriff Ray Rose said the sheriff's office disagrees with the decision, adding, "While Holmes may have been found not guilty in the criminal case, he is not innocent."

Holmes was one of two former jail guards accused of not assisting Gruber after the Oct. 31, 2011, jailhouse scuffle with guards. Robert Schlesser, 49, of Round Lake Beach was also charged, but died before the case could go to trial.

Authorities say Gruber was "intoxicated and uncooperative," and repeatedly fought with correctional officers after being brought to the jail on disorderly conduct and trespassing charges.

At one point, an officer placed Gruber in a "takedown hold" and both fell to the ground. Authorities believe Gruber was paralyzed as a result of the fall. He died in March 2012 at a rehabilitation hospital in Chicago.

Authorities said Gruber complained about the injury but was placed in a holding cell for 15 hours. Holmes and Schlesser were charged, in part, because they dragged Gruber through the jail to be fingerprinted and photographed, propped him up for the photo, then dragged him back to his cell, authorities said. They also didn't report Gruber's injuries and didn't provide him with medical attention, authorities said.

In all, three correction officers were fired, six were disciplined, and a sergeant was demoted because of their actions involving Gruber.

Holmes testified Gruber did not complain of his injuries and that nurses told him Gruber was intoxicated and faking the injury. Holmes answered "yes" when Roberts asked if 11 other jail officials did not call medical personnel despite coming into contact with Gruber.

"I had no indication that he was injured," Holmes testified in court. "He said he couldn't get up and we said we would help him."

Rose said the people of Lake County should not "carry the financial burden" of poor decisions made by corrections officers.

"We disagree with the court's determination of the evidence in this case and stand by the opinion that he (Holmes) ignored the danger signs that should have been obvious to a corrections officer with his training and experience," Rose said. "But, the burden of proof in a criminal case such as the one against Mr. Holmes is greater than a civil action such as the one regarding our decision to terminate him."

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Former Lake County correction officer Rodney Holmes testifies during his misconduct trial Thursday at the Lake County courthouse in Waukegan. Judge James Booras cleared Holmes of misconduct. Pool/Chicago Tribune, Stacey Wescott
Rodney Holmes, 44, of Zion
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