Sgt. Mark Whaley, a police officer in Elgin, Illinois, was arrested on suspicion of driving under the influence on April 8 by Officer Luke Kampmeier in Sycamore, Illinois. Whaley was un-arrested only hours later (video below).
The stop, which began at 1:41 a.m, was recorded on a police dash cam. The video shows Whaley telling Kampmeier that he is a cop, failing to produce an insurance card and refusing to submit to a field sobriety test. Kampmeier handcuffs Whaley and takes him to the Sycamore police station at 2:04 a.m, notes the Daily Chronicle.
According to Kampmeier's police report, Whaley smelled of alcohol.
The video -- obtained by the Daily Chronicle under the Freedom of Information Act -- cuts to the booking room and a holding cell at the police station.
Whaley was held in a cell for about 80 minutes, released from jail, and given his belongings shortly before 4 a.m.
According to phone records, Sycamore Police Chief Glenn Theriault was on the phone with Elgin Police Cmdr. Colin Fleury three times while Whaley was in the holding cell.
According to Kampmeier's police report, Whaley was released due to a lack of evidence even though Whaley had refused the sobriety test and smelled of alcohol.
"The word is, we’re going to un-arrest you, and walk you out of here," Kampmeier told Whaley while Cmdr. Mike Anderson watched.
After Whaley was released from jail, Theriault instructed police to wave the $500 administrative towing fee for Whaley's vehicle, which was towed from the arrest scene; that action reportedly skipped a hearing process required by city code.
Theriault reportedly texted to Kampmeier the next afternoon about the Whaley incident: "Took longer than I thought! Tough position for you and all last night."
Elgin Police Chief Jeff Swoboda said that Theriault used to work with Whaley on the Elgin force.
Theriault was placed on paid leave on April 10 while the City of Sycamore investigates why Whaley was released and not charged.
Theriault told City Manager Brian Gregory that "the outcome will be exonerated."
The Sycamore Police Department posted a press release on May 18 on Facebook for its upcoming "Roadside Safety Check," which said at the bottom: "Drive Sober or Get Pulled Over."
The media release drew several comments from Facebook users:
Ironic considering you let the Elgin officer off with out charges.
Remember refuse and you get to leave... Right?
So does this apply to all citizens or just those who don't know the Chief?
Make sure to let all the other drunk pigs go free! Fat f****.
Hypocrisy at high levels. Your policing only applies to civilians. But, drunk criminal cops get a pass and the best of treatment. You disgusting bunch of goons.
We need to lmpeach our police chief He takes care of his buddies and tickets the people who pay his salary he thinks he is above the law paid administrative leave what a joke fire his a**.