Ex-cop seeks new trial in beating case

A former Richmond police officer who went to prison for his role in handcuffing a Wisconsin man and beating him in the parking lot of a Fox Lake bar in 2005 argued Tuesday that he should receive a new trial because the judge erroneously told jurors the officer was out of his jurisdiction.

Steve Wiltgen, attorney for Brian Quilici, told an appellate court panel in Elgin that the jury in Quilici's trial needed to know he was "legitimately acting" as a police officer, not a civilian. "Does an off-duty officer have the same authority as an officer on duty? The simple, most economical way to answer that is yes," Wiltgen said. "You have to know what hat Brian Quilici was wearing. Is he Joe Blow or Brian Quilici the police officer?"

Quilici was convicted in 2006 and sentenced to two years in prison. His co-defendants, Ronald Pilati and Jerome Volstad, both of whom were Spring Grove police officers, struck a deal with prosecutors in July 2008, pleading guilty to misdemeanors, and were sentenced to 54 days in jail - time they already served.

The victim, Ryan Hallett, suffered a fractured eye socket and other injuries and was hospitalized.

During the original trial, Quilici's attorneys argued that Hallett threatened the three officers with a knife in the parking lot of KC's Cabin in Fox Lake on Feb. 20, 2005, and grabbed a woman who was trying to play peacemaker.

Richard London, state's attorney appellate prosecutor, argued that it was irrelevant what the judge told the jury in the 2005 trial.

London said duty officers have an obligation to act if they see a potential crime taking place. But London stressed that Quilici's actions "escalated" the situation.

"Even if he was a uniformed officer on duty, the force was excessive," London said.

"They (the jury) convicted him because he battered someone and used an excessive amount of force."

The appellate panel did not give a time frame for its decision.