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Arbitrator upholds firings, demotion in fatal Lake County jail scuffle

The Lake County sheriff's office firings of three corrections officers and demotion of another involved in a jail scuffle that led to the death of an inmate were upheld by an arbitrator, officials said Monday.

Officers Rodney Holmes, Robert Schlesser and Lilia Cruz were fired and Sgt. Lance Ware was demoted for their roles in the Oct. 31, 2011, altercation in which inmate Eugene Gruber suffered a broken neck. He died several months later from his injuries.

The discipline was challenged by the Teamsters Local 700, the union for the officers, said Det. Chris Covelli, the sheriff's office spokesman. The independent arbitrator ruled Aug. 4 in favor of the sheriff's office, Covelli said.

"We have taken many steps to prevent another tragedy like this. In addition to the discipline imposed, we've done a complete update of policies and operational procedures in the jail," Sheriff Mark Curran said in a news release. Inmates have the right to be treated fairly and humanely while in custody at the Lake County jail, Curran added.

Authorities say Gruber was "intoxicated and uncooperative" and repeatedly fought with corrections 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 suffered a broken neck and was paralyzed as a result of the fall. Gruber complained about the injury after the scuffle with guards, authorities said. However, he remained in a holding cell for 15 hours.

He died in March 2012 at a rehabilitation hospital in Chicago.

An investigation into the actions of the jail staff led to Holmes, Schlesser and Cruz being fired, Ware being demoted and six guards being disciplined

Holmes and Schlesser were also criminally charged with official misconduct because they dragged Gruber through the jail to be fingerprinted and photographed, authorities said. Holmes was found not guilty at trial in April. Schlesser died from medical reasons before his criminal case went to trial.

Gruber's family settled a lawsuit against the county for $1.95 million in 2014.

"Arbitrator (Edwin H.) Benn appropriately upheld the terminations and demotion," Undersheriff Raymond Rose said. "I firmly agree with Arbitrator Benn's statement, ' … 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."

The sheriff's office conducted a complete audit and rewrite of all jail policies. It has since been accredited by the American Correctional Association and the National Commission on Correctional Health Care, authorities said.

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