Charge dropped against wheelchair-bound detainee accused of battering a jail guard
The decision to not pursue the case comes months after WBEZ reported on apparent discrepancies between a written report and video evidence.
By Patrick Smith
Charge dropped against wheelchair-bound detainee accused of battering a jail guard
The decision to not pursue the case comes months after WBEZ reported on apparent discrepancies between a written report and video evidence.
By Patrick SmithProsecutors on Thursday dropped their case against a wheelchair-bound Cook County Jail detainee accused of aggravated battery against a sheriff’s deputy in October 2022. WBEZ initially reported that a video contradicted the deputy’s account of the altercation.
Steve Fanady faced a possible three to seven years in prison if he were convicted.
In a written report, a sheriff’s deputy said Fanady wrapped the sergeant’s wrist in a handcuff chain, “trying to break my wrist.” A felony indictment alleged Fanady “grabbed and pulled” the deputy.
Video obtained by WBEZ shows that guards attempted to pull a handcuffed Fanady out of his wheelchair. Fanady resisted, but the video did not show the then-58-year-old make any move toward the guards.
In April 2023, a spokesman for Cook County Sheriff Tom Dart said the decision to forward the case to prosecutors was part of Dart’s zero tolerance policy for “criminal behavior that endangers” the well-being of staff members.
After charges were dropped, sheriff spokesman Matt Walberg referred questions to the state’s attorney’s office, which Walberg said “approved the charge of aggravated battery to a peace officer after reviewing all of the evidence.”
“The health and safety of staff is a top priority for the Sheriff’s Office, and employees who are subjected or feel subjected to behavior by detained persons that violate the rules of the jail and may constitute a crime have a right to seek criminal charges,” Walberg said in a statement.
A spokesperson for State’s Attorney Kim Foxx said in a statement that the office decided “after a thorough review of all the available evidence” that they were “unable to meet our burden of proof to move forward with prosecution of this case.” The spokesperson did not answer questions about the evidence that led to charges initially being filed.
An attorney for Fanady declined to comment. Fanady is also suing the sheriff for alleged mistreatment in the jail.
Fanady will not be released from jail because he remains held for an ongoing civil contempt case related to an unpaid divorce settlement.
Patrick Smith edits education and criminal justice for WBEZ. Follow him @pksmid. Email him at psmith@wbez.org.