Load dumping trial has larger ramifications
A Cary man tied to misconduct claims against a McHenry County judge testified Thursday that he "wasn't thinking" when he drove his dump truck away from a traffic stop last year and emptied its load to avoid a weight check.
David W. Miller, 51, spent about two hours on the witness stand Thursday defending himself against a felony obstruction of justice charge stemming from the June 16, 2007, incident near the Lake Julian area of Cary.
The charge alleges Miller sped away from a traffic stop after an officer told him to report to a nearby weigh station. Instead, authorities say, Miller drove to a lot outside his business, Lake Julian Contracting, and dumped the truck's load to prevent it from being weighed.
"I felt it was a waste of time and I felt the trucking industry was being harassed (by police) for revenue," Miller testified. "I was not endangering anyone. I didn't think I was doing anything illegal."
Miller was one of just two witnesses to testify during his one-day trial Thursday before McHenry County Judge Michael Feetterer. Feetterer took the case under advisement and said he will issue a verdict Tuesday.
The case has drawn widespread attention not for Miller's actions, but for its links to allegations of unethical behavior by McHenry County Judge Michael Chmiel.
Chmiel, according to a complaint by the state's Judicial Inquiry Board, held a special Saturday afternoon bond court after Miller's arrest in order to get him out of jail early. Chmiel's intervention allowed Miller to go free more than 36 hours earlier than he, or any other person arrested under similar circumstances, would have otherwise.
According to the inquiry board, Chmiel agreed to the special hearing after speaking with Miller's brother, Algonquin Township Highway Commissioner Bob Miller, who is a friend and political ally of the judge and an influential figure in the McHenry County Republican Party.
Chmiel's actions "were willful misconduct that harms the administration of justice and brings the office of judge into disrepute," according to the inquiry board's complaint.
The complaint remains pending before the Illinois Courts Commission, which could hand down punishment ranging from a simple reprimand to removal from the bench if it finds Chmiel guilty.
Meanwhile, Miller faces a maximum one to three years in prison, or probation, if he is found guilty. His attorney, Rebecca Lee, said while his actions may have been stupid, they were not felonious.
Assistant State's Attorney Ryan Blackney said Miller intentionally dumped his load atop similar material to make it impossible to determine how much his truck was carrying.
"It's like Humpty Dumpty," he said. "Once (the evidence) was destroyed, you can't put it back together again."