Chief not liable for drownings
A McHenry County judge had harsh words Wednesday for a police chief who stood on shore while two people drowned, but cleared him of legal liability in a lawsuit filed by the victims' family.
Judge Michael Caldwell said McCollum Lake Chief Tony LoPorchio's actions "ethically, practically and morally" may not have been best, but legally he is not liable for the 2001 drownings of a McHenry father and son.
"I think it's horrible, but that's the law," Caldwell said.
LoPorchio declined to comment on Caldwell's statements.
The judge's remarks were part of a wider ruling Wednesday that left intact most of a 2002 lawsuit filed by McHenry resident Rosita San Juan blaming the village of McCollum Lake and city of McHenry for the drowning deaths of her husband, Jesus San Juan, and 9-year-old son, Sabas.
The lawsuit, which seeks more than $50,000 in damages, contends the village did not properly mark the safe area for swimming or warn swimmers of potential dangers. It also claims that LoPorchio did nothing to help the San Juans when he arrived at the scene.
The San Juan family was attending a birthday party at McCollum Lake Beach on June 30, 2001, when Sabas and an 11-year-old boy swam past a buoy marking the beach's swimming area and began struggling.
Jesus San Juan, 44, rushed into the water to help them but drowned alongside his son. A second man saved the 11-year-old.
LoPorchio admitted shortly after the lawsuit was filed that he did not go into the water to help but said he was participating in the rescue effort on shore.
The village's attorney, Greg Snyder, said Wednesday that under state law, nobody has to put his or her own life at risk to save another's.
"There is no duty, even for a police officer, to rescue," he said.
Caldwell agreed, though apparently reluctantly, and removed portions of the lawsuit saying the village should pay for LoPorchio's actions.
But the judge rejected the village's arguments that because the boys were swimming beyond the designated swimming area, the village was not responsible for their safety.
San Juan attorney Sean Burke said the swimming area was not clearly marked as required by state law.
Caldwell ruled that is an issue for a jury to decide and set the case for trial in February.
The judge also let stand a portion of the lawsuit blaming McHenry, alleging one of its dispatchers waited more than 2½ minutes before sending rescuers to the beach. The city says the delay was the result of confusion from 911 callers over where exactly the drownings were taking place.