Des Plaines cop's disciplinary hearing continued to March

The Des Plaines Police and Fire Commission on Monday continued until March a disciplinary hearing against Sgt. Matthew Hicks, an 18-year Des Plaines police department veteran accused of beating his wife.

The 46-year-old Hicks faces four misdemeanor counts of domestic battery in McHenry County, accused of striking his wife April 18, 2010 in their Huntley home and grabbing her by the hair.

He also faces two counts of battery and a single count of interfering with the reporting of domestic violence, stemming from the same alleged altercation.

The McHenry County state's attorney's office reinstated domestic violence charges against Hicks shortly after McHenry County Judge Gordon Graham dismissed the case on Dec. 21. The dismissal was on procedural grounds, after Graham refused to grant prosecutors a second continuance when a witness — one of the officers who went to the Hicks' home — was unavailable. Graham, however, left prosecutors free to refile charges.

Hicks' defense against the criminal charges is that he did not beat his wife and that she lied to police about her injuries.

Irrespective of what happens with the criminal case, Hicks still faces a disciplinary hearing in Des Plaines on seven internal conduct charges levied against him: inability to act as a police officer; untruthfulness; insubordination; theft and official misconduct; domestic battery and official misconduct; interfering with the reporting of domestic violence; and conduct unbecoming.

The Des Plaines Police and Fire Commission rescheduled the hearing for 9 a.m. March 31 and April 1 in the Des Plaines City Council chambers, 1420 Miner St.

Hicks' attorney, Joe Mazzone, requested the continuance today after Des Plaines asked the board to bar an expert defense witness from testifying about the medical condition of Hicks' wife at the time of the event.

Everette Hill, attorney for Des Plaines, said the city wants to bar the medical expert's testimony because the defense has not yet shared the expert's reports with the prosecution.

“We were supposed to go to trial today (but) we hadn't gotten the report from the expert,” Hill said.

Mazzone agreed to produce the doctor's report by Jan. 31, otherwise the police and fire commission will once again consider the plaintiff's motion to bar the witness.

Depositions of expert witnesses from both sides are expected to be completed by March 22.

Mazzone said the defense's expert, who has examined Hicks' wife, her medical records and family history, will refute statements she made to Huntley and Des Plaines police.

“He is going to explain why she made those statements and why those statements were inaccurate,” Mazzone said.

Hicks is refuting the charge he ripped clumps of his wife's hair to the point where her scalp was bleeding.

“There is no evidence that that ever occurred,” Mazzone said. “There's photographs of bruises. There are medical explanations for those bruises that don't result in blunt trauma.”

Mazzone said neither the Huntley or Des Plaines police department bothered to properly investigate how those bruises occurred.

Hill said the city has repeatedly attempted to serve a subpoena to Hicks' wife but have been unsuccessful. The city has tried at least 10 times.

“We have not been able to get her served,” Hill said. “We can't find her.”

Hicks still lives with his wife in Huntley. Mazzone said she works out of their home, has not left the state, and the city should have no problem reaching her through her attorney if they tried.

“It's not like she's hiding,” he added.

Mazzone said the Des Plaines police department is pursuing the disciplinary case against Hicks with more gusto than any case involving officers in the past.

Des Plaines Police Chief Jim Prandini said the department has never had a domestic battery case involving one of its officers in the 30 years that he has been with the department.

As for Hicks, Prandini said, this was the second time he had been arrested — the other arrest stemming from an earlier driving under the influence charge in Elgin a few years ago.

“We're going to go forward regardless of what happens with his criminal case,” Prandini said. “We stand by the charges that were brought against him.”

After his arrest, Des Plaines police suspended Hicks with pay. In August, the three-member Des Plaines Police and Fire Commission suspended him without pay.

The commission could fire Hicks. A domestic battery conviction would make it moot, however, because under Illinois law anyone found guilty of that Class A misdemeanor is barred from possessing a firearm.

Hicks, who pleaded not guilty to the initial misdemeanor charges, is expected to next be in McHenry County court on the criminal case Jan. 18.