Arlington Heights, police officer to blame for girl's rape, lawsuit says

An Arlington Heights police officer let a 20-year-old felon and two drunk teenage boys go without questioning even as they propped up a possibly unconscious girl they later raped, according to a lawsuit filed Tuesday in Cook County circuit court.

The girl who says she was raped – identified only as “Jane Doe” – is suing Arlington Heights and police officer Mark Del Boccio for negligence, infliction of emotional distress and other charges stemming from the May 6, 2009, assault at the Mansions of Mountshire apartments on the border of Arlington Heights and Mount Prospect.

Steven Garstki, a Chicago attorney representing the girl, said Wednesday he probably will ask for millions of dollars in damages. He declined to give his client's age or hometown, though court documents describe her as a minor.

Village Manager Bill Dixon declined to comment on the lawsuit, referring all questions to Village Attorney Jack Siegel, who also declined to comment. Arlington Heights Police Chief Gerald Mourning did not return a phone call on Wednesday.

The lawsuit accuses Arlington Heights of misconduct in hiring Del Boccio, pointing to a 2004 crash when, as a Chicago police officer, he struck two children with his squad car, killing one and permanently injuring another.

The lawsuit alleges Del Boccio ran over the children “because he was in a traffic jam,” putting on his siren and driving “at high speed” the wrong way down the street.

Garstki said there is a pending lawsuit against Del Boccio in relation to those claims.

In July 2010, Christoph Balodimas, 22, of 800 block of Trace Drive in Buffalo Grove, was convicted of criminal sexual assault for his role in rape.

According to testimony in the case, Balodimas and two teenagers carried the victim to a basement apartment in the complex at 905 E. Golf Road.

Acting on a tip, police got into the apartment just after Balodimas assaulted the woman and found them while she lay unconscious in a pool of vomit, Cook County Assistant State's Attorney Mike Gerber said.

According to the lawsuit filed Tuesday, Del Boccio talked to the men a few minutes before the assault took place. Balodimas was holding Jane Doe upright because she couldn't stand on her own, the suit states. Her head was down and her eyes were shut because she was so intoxicated, according to the lawsuit.

Boccio rolled down his window and spoke with Balodimas and the two teenage boys. He did not ask for their IDs and let them go, according to the lawsuit. Balodimas was on probation for robbery at the time, the suit states.

“At no time alleged herein did Arlington Heights Police Officer Mark Del Boccio offer Jane Doe, a minor, a ride home, offer her medical assistance or offer her protection,” the lawsuit states. “Instead he abandoned her when it was reasonably obvious that she needed protection and/or medical attention.”

Garstki declined to say much about how his client is doing now, two years after the assault.

“It's a delicate situation,” he said. “My client is doing the best she can given the terrible events that have already occurred because of the actions of this police officer.”

No court date has been set yet, Garstki said.