Judge won't dismiss charges against Warren HS teen

A Lake County judge refused Thursday to dismiss a criminal charge against a Warren Township High School student accused of making racially charged comments.

Associate Judge Patrick Lawler said the disorderly conduct charge against Curtis Hiett can proceed because he could not find the charge was clearly without basis.

Hiett was charged last September after a fellow student told authorities he made the racial remarks in response to a question from the student about why Hiett had a hangman's noose made from a shoelace in his car.

Defense attorney Michael Ori said the student who asked Heitt the question did not meet the legal definition of a crime victim.

"The complaining witness asked for his opinion and then claims she was shocked and alarmed by that opinion," Ori said. "If you do not want to hear an opinion, you should not ask for it."

But Assistant State's Attorney Jason Grindel argued that the fact that the student who questioned Heitt knew about the noose and that Heitt's response used a disparaging term for blacks was enough to sustain the charge.

"There was a verbal statement that was made in connection with a physical act," Grindel said. "The statement was made after Mr. Heitt allegedly displayed a noose in his car."

In issuing his ruling, Lawler said he could only dismiss the charge if he could find that no reasonable person could find Heitt guilty under any circumstance.

He said he could not do that Thursday but told Ori he was free to make the motion again at the end of the prosecution's evidence during a trial.

Lawler ordered the parties to return to court April 24 to schedule a trial date.

If convicted, Heitt could face up to one year in jail and a fine of up to $2,500.