Former Streamwood cop says he feared for his life

Former Streamwood cop James Mandarino testified on Monday at his police brutality trial that he feared for his life during the early morning traffic stop last year.

“My biggest concern was to try to contain them inside the vehicle,” he told the court.

Former Cpl. Mandarino, 42, of Aurora, added that he didn't know how many people were inside the black SUV he stopped after he heard screeching tires and saw the vehicle drive erratically. He also said was worried about a string of armed robberies in the village, although not in the area of the stop.

He repeatedly told the driver of the SUV, Ronald Bell, and the passenger, Nolan Stalbaum, to stay in the vehicle and keep the doors closed.

The two were coming from a party in Carol Stream and a union banquet in Willowbrook. Bell testified he drank three alcoholic beverages, and Stalbaum said he drank four. Mandarino's attorneys describe them as drunk and obnoxious.

Mandarino said he feared they had weapons and he perceived the incident during the early hours of March 28, 2010, as a “high-risk traffic stop.”

When Bell got out of the vehicle despite being cautioned to stay inside, Mandarino said he failed to comply with his instructions to lie on the ground.

“What I wanted them to do is lie flat and put their arms up or behind their head, preferably on their head,” Mandarino said.

A dashboard camera inside Mandarino's marked squad car recorded the confrontation, but it didn't include sound, as Mandarino hadn't activated the microphone. The video shows Mandarino hitting Bell with a police baton 15 times. He also used a Taser on Stalbaum. Streamwood fired Mandarino last June, ending his 15-year stint with the department.

He's since taken a job as a security guard, earning $10 per hour. He also testified his home, which he lives in with his wife and three children, is in foreclosure.

Mandarino was inside his car, parked at a lot on East Avenue near Schaumburg Road, when he said he heard the tires on Bell's SUV screech while making a turn. He followed Bell's SUV for less than a mile until it pulled into the driveway next to Bell's home.

Mandarino testified that he told Bell he was stopped because of no signal, reckless driving and improper lane usage. He said that explanation failed to satisfy Bell, who yelled at Mandarino and said he had no right to be pulled over while parked in his own driveway.

Mandarino said it took 15 blows until he was sure Bell was acting compliant. Although Bell was on his knees, Mandarino said he worried Bell would use a wrestling move. He also testified that Bell may have tried to grab his gun belt around Mandarino's waist.

“I didn't want him to get into the position where could grab my legs and bring me to the ground,” he said.

He said he avoided hitting Bell in the head, as mandated by Streamwood police regulations on baton use, but accidentally did so once, cutting Bell's ear.

Prosecutor Mike Gerber noted Mandarino never made mention of Bell trying to grab the gun belt in any written police reports. Gerber also asked if it was coincidence that Mandarino ceased using the baton when Bell's brother, Stacey, woke up and came out to the driveway.

Stacey Bell testified earlier that he helped his brother lie on the ground after asking Mandarino what he wanted his brother to do. After getting his brother to lie flat, he told Mandarino: “Was that so hard to do?”

Mandarino confirmed the conversation with Stacey Bell on Monday.

“He was actually very helpful at this point,” Mandarino said.

Gerber noting that Bell did not punch the police officer, said “He never took a swing at you, did he?”

“No,” Mandarino replied.

Mandarino said though that Bell and Stalbaum gave him “nonverbal cues” that he recognized from past arrests as showing they could be violent.

That view was supported by Larry Danaher, a former police officer in Lafayette, Ind., who testified as an expert in the use of police force that Bell and Stalbaum's use of obscenities were “fighting words.” He characterized them as active resistors, those who pose potential threats, and said he would have acted similarly.

The trial will resume Tuesday morning in Rolling Meadows, marking its sixth day since starting on March 9. Judge Thomas P. Fecarotta could make a ruling Tuesday, as prosecutors are scheduled to have a last rebuttal witness take the stand. Mandarino faces two to five years in prison if he is convicted of aggravated battery, battery and official misconduct.

After court ended, Mandarino's attorney, Rick Beuke, said that his client didn't find testifying demanding. “It's not difficult at all; it's easy when you're telling the truth,” he said.