Elderly Man Suing Former Chicago Cop Convicted of Beating Him

A former Chicago police officer sentenced for beating and seriously injuring an 89-year-old man is also facing a civil lawsuit from his victim.

David Barrett, Jr., 59, arrived last week at the Illinois Department of Corrections’ Stateville Reception Center to begin a three-year sentence for punching and flooring Vincent Detolve at an Oak Lawn gas station on Dec. 12, 2013, court records said.

Now it appears that Detolve has filed a civil suit against the former cop. Barrett was convicted by a jury of aggravated battery of a senior citizen on Oct. 16.

Barrett was off duty when prosecutors said he barged into the Shell gas station at 10601 S. Cicero Ave. in Oak Lawn and began hurling profanities at cashiers when he saw several people standing in line ahead of him in the food mart.

When Detolve asked Barrett to keep his voice down, Barrett punched him, knocking Detolve to the floor, prosecutors said.

Oak Lawn police caught up with the hot-headed cop after a witness followed Barrett out of the food mart and took down Chicago police officer’s license plate number.

Detolve filed a civil suit in on July 22 in Cook County Circuit Court against Barrett, over claims that he “used unreasonable and excessive physical force against” him.

Prosecutors in the criminal case said that Detolve fractured his hip and and suffered a torn rotator cuff in his shoulder from the fall.

Both injuries required surgery and Detolve spent an extended period of time recovering in a rehabilitation center, his attorneys state

Further allegations offered in the civil complaint include:

• “The defendant shoved the plaintiff with such force so as to cause the plaintiff to fall and suffer grave bodily injury.
• “The defendant overreacted to the situation before him and in doing so, consciously used and misused his training and experience as a Chicago police officer.”
• “Acted with conscious disregard for the safety of the plaintiff, notwithstanding his sworn duty to ‘serve and protect’ as a Chicago Police Department officer.”

Detolve is asking in excess of $50,000 in damages and legal costs.

The case is being represented by Chicago attorney Daniel S. Kirschner, of Corboy and Demetrio, P.C.