How mistaken identity in Wheeling shoplifting case led to arrest, lawsuit

Confusion about the identity of an elusive shoplifter in Wheeling led to the arrest of the wrong woman, documents from a newly resolved lawsuit revealed.

Wheeling trustees on April 6 voted to settle Elena Calin’s lawsuit against the village for $70,000. Calin and her spouse, Viorel Calin, had alleged willful and wanton misconduct by Wheeling police contributed to her arrest two years ago.

The settlement is not an admission of liability, Wheeling attorney James Ferolo said in an email.

“(It) reflects an assessment of risk and the cost of further litigation,” Ferolo said.

Wheeling police “acted appropriately at all times,” he added.

The suit also accused Walmart and Walmart theft-prevention worker Ferland Bony of negligence. Walmart reached a separate, confidential settlement with the Calins.

The case stemmed from a July 28, 2023, encounter at Walmart, 1455 E. Lake-Cook Road.

That night, a woman stuffed 14 calculators worth more than $1,100 into a black purse in the electronics department, according to a police report. When Bony confronted the woman near the exit and grabbed the bag, she fled, the report indicates.

Bony reported the crime to Wheeling police two days later and said he recognized the thief from industry alerts about a woman believed to have committed more than 20 thefts at Walmart stores in Illinois, Wisconsin and Minnesota, documents indicate.

One such alert, acquired by the Daily Herald under the Freedom of Information Act, said the suspect was named Elena Calin. It said she had a penchant for stealing calculators, clothing and stationery.

About a month later, Bony picked the real Calin’s photograph out of an array of six faces compiled by police and said she was the thief, documents indicate. The array didn’t include photos of the woman known to use Calin’s name as an alias or anyone else with histories of shoplifting, the lawsuit alleged.

An arrest warrant for felony retail theft was issued for Calin that November. While the initial police report indicated Calin lived in Wheeling, the arrest warrant included a Warrenville address.

Calin was arrested in February 2024 at O’Hare International Airport by Chicago police, documents indicate.

The Cook County state’s attorney’s office reportedly dropped the case within weeks. According to the lawsuit, prosecutors reviewed surveillance video of the confrontation and determined Calin wasn’t the woman Bony had stopped in the store.

The Calins filed their lawsuit in October 2024.

The Wheeling village board approved the settlement without objection or public discussion. It was included in the consent agenda, which is reserved for multiple routine matters that typically are approved with a single vote.

In a brief statement emailed to the Daily Herald, a Walmart spokesperson said the company is pleased the parties were able to resolve the matter. The spokesperson declined to answer questions about the case, citing the confidentiality agreement.

Neither the Calins nor their attorney could be reached for comment.