Video doesn't support protester's claims against Naperville cop
Dashcam footage released Thursday by Naperville police appears to refute claims by a Lisle man that an officer tried to run him over outside the city's police station.
Police were ordered by a DuPage County judge to release the video from the squad car of the officer who authorities say was falsely accused of trying to strike the man who was protesting what he called racism in the police department.
The video shows officer Chris Sherwin, a 15-year veteran of the department, driving his squad into the Naperville Police Department parking lot at 1350 Aurora Ave. and pulling through the circular drive in front of the station. At no time does Sherwin's car appear to swerve or drive close to Donald Pritchard, who was standing on the sidewalk.
The release came one day after the judge ordered the city to provide the footage to the Daily Herald in response to a Freedom of Information request.
The footage is considered a key piece of evidence in the case against Pritchard, 57, of the 500 block of Maple Avenue.
Pritchard was charged in February with felony disorderly conduct after authorities said he falsely claimed Sherwin tried to run him down with a squad car on Nov. 2, 2015, outside the Naperville police headquarters.
In addition to the felony charge, Pritchard was charged with a misdemeanor for resisting a peace officer stemming from his police booking Jan. 27.
According to court documents, Pritchard "pulled away from (three) officers and refused to be handcuffed, attempted to grab the hands of the officers and then refused to walk and had to be physically moved to a holding area of the jail where he then refused to cooperate with the booking process."
The Daily Herald filed a Freedom of Information Act request Feb. 9 seeking access to all audio, video and documents related to Pritchard's case.
Naperville city attorneys, with guidance from the DuPage County state's attorney's office and public defender's office, denied the request, arguing that releasing the information would stand in the way of Pritchard receiving a fair trial.
But the Illinois attorney general's Public Access Bureau ruled Aug. 2 in favor of releasing the documents and video.
"We are unable to conclude that disclosure of any specific information in the withheld records would create a 'substantial likelihood' of tainting the jury pool or otherwise interfering with the defendant's right to a fair trial," Assistant Attorney General Matt Hartman wrote in the 10-page opinion.
Despite the bureau's ruling, Chief Public Defender Jeffrey York filed a motion earlier this month seeking to prevent police from releasing any documents and footage while the case continues against Pritchard. York said release of the video would damage his client's chance for a fair trial.
But Judge George J. Bakalis on Wednesday said he reviewed the material in question and ordered police to make the video and Pritchard's booking photo available to the media.
Bakalis ruled that while the booking photo and "primary video" must be released to the Daily Herald, police are not required to turn over several other items requested by the newspaper, including:
• Video of the police department's bonding lobby, where Pritchard is alleged to have scuffled with police officers, and video of Pritchard being taken to or treated at the hospital where he was treated for injuries he sustained in the scuffle.
• The audio of a witness interview.
• Any police reports related to the case.
• Any written statements by the defendant.
• Any documents from an internal affairs investigation.
State's attorney spokesman Paul Darrah confirmed, in February, the footage led to the charges being filed against Pritchard.
"Once the footage from the dashcam was reviewed, that completely disproved (Pritchard's) claims that the officer was trying to run him over," Darrah said when charges were filed.
Pritchard is next due in court Sept. 8 on the felony disorderly conduct. He has a jury trial scheduled to start Monday for the misdemeanor resisting charge.