Split verdict in Algonquin cop domestic battery case

Despite testimony from his wife claiming that nothing criminal occurred, Algonquin police Sgt. Wade Merritt was found guilty of domestic battery Thursday, a verdict that could end the officer's 22-year law enforcement career.

Merritt, 46, declined to comment on the decision as he left court after a two-day trial in which both he and his wife, Jacqueline Gappa, took the witness stand to deny allegations he struck her in the ear during a March 4 altercation.

McHenry County Judge Gordon E. Graham believed neither, however, instead basing his ruling on a recording of a 911 call a hysterical sounding Gappa made from her Crystal Lake area home that night, and eyewitness testimony from Merritt's 10-year-old son.

The boy testified Wednesday that he saw his father's arm make a swinging motion toward Gappa, then saw her on the floor, but never saw any contact between the two.

"(The boy's) testimony was absolutely corroborative," Graham said.

The judge had harsh words for both Merritt and Gappa, noting that both were drinking heavily on the night of the incident. But, he added, Gappa's intoxication does not excuse what happened.

"You can be a drunk victim," he said.

Graham acquitted Merritt of a second count of domestic battery, alleging his actions caused Gappa bodily harm, and a charge of attempted obstruction of justice that claimed he tried to impede responding officers from interviewing his son.

Merritt now faces up to a year in jail and a fine of $2,500 when sentenced June 25 on the misdemeanor charge. He has been placed on an unpaid suspension by Algonquin police and is scheduled to appear before the village's police commission next month.

After the verdict, William Hellyer, one of Merritt's attorneys, said his client's position as a police officer may actually have prevented him from being treated equally. Hellyer suggested that had the same circumstances been present with a regular citizen - instead of a police officer whose case drew media attention - county prosecutors may have dismissed the charges.

"He was treated differently," Hellyer said. "How would it appear if he was treated like anyone else? It would look bad for the (McHenry County State's Attorney's) office."

The case's lead prosecutor, Assistant McHenry County State's Attorney Patrick Kenneally, disputed the claim.

"The way we approached negotiations and the prosecution of this case was exactly like we approach any other case," he said.

Kenneally said prosecutors are not considering perjury charges against Gappa.