Sentencing for former Streamwood cop delayed on defense motion

The defense team representing a former Streamwood cop convicted of beating a motorist after a 2010 traffic stop will ask a judge for a new trial.

“I think there's going to be a number of issues that we're going to bring to the judge's attention,” said Rick Beuke, lead attorney for James Mandarino.

The defense received a continuance in Mandarino's sentencing, initially set for Monday, to prepare its motion for a new trial. Sentencing now is scheduled for May 31.

The 42-year-old Mandarino faces probation or two to five years in prison for his March 23 convictions on aggravated battery and official misconduct charges. His squad car camera recorded him beating a motorist with his metal baton after a March 28, 2010 traffic stop.

Besides seeking a new trial, Beuke said he'll also ask Judge Thomas P. Fecarotta to reconsider his verdict ruling Mandarino guilty of the felony charges.

“Again, we have not gone through the transcripts totally, but obviously we have a different opinion of how the evidence should be viewed and the appropriate things will be brought out through the course of that filing,” Beuke said.

If Mandarino is found not guilty after a second trial, Beuke said Streamwood should rehire him. The police department fired him in June because of the videotaped beating.

“I would hope that they would consider bringing him back to work and serve the people of Streamwood like what he's done for the last 15 years,” he said.

Streamwood Village Manager Gary O'Rourke had this reaction when told of those remarks later on Monday:

“The internal discipline process in any activity and the criminal court system are two, distinctive, separate things,” he said. “We will stand by our discipline process.”

The squad car camera recorded the early morning traffic stop, showing Mandarino beating 28-year-old Ronald Bell with a collapsible metal baton. The footage also showed Mandarino drawing his gun before striking Bell 15 times in the head and upper body while the Streamwood man knelt down in the driveway outside his home.

The footage also showed Mandarino using a Taser twice to stun Bell's passenger, Nolan Stalbaum, 38, of Glendale Heights.

Mandarino claimed the two ignored his commands to lie flat on the ground and, because he was outnumbered, he feared for his life.

But in his ruling last month, Fecarotta said neither Bell or Stalbaum made any aggressive motions toward Mandarino.

“If a picture speaks a thousand words, the video speaks a million,” the judge said.

Mandarino did not comment Monday, and neither Bell nor Stalbaum were in court.

Mandarino was a 15-year veteran of the police department, attaining the rank of corporal before his dismissal. Because the official misconduct conviction prevents him from getting another police or law-enforcement job he now works as a security guard in Aurora, making less than the $94,000 per year he did before his firing.

“He's trying to figure out ways to try to make sure his family is provided for financially,” Beuke said. “He's got applications in a number of different places to try to pursue a new career.”

The defense Monday submitted a package to Fecarotta which they said included more than 80 letters in support of Mandarino. The letters were written by friends, colleagues and family – even from police chiefs working in surrounding suburban departments, Beuke said.

“We didn't send a notice out there asking people to submit letters to us, they were just coming in and they continue to come in every day,” Beuke said.