Conviction Overturned After Arrest By Sheriff's Candidate Reilly

JOLIET, IL - Sheriff's Deputy Jim Reilly is running to defeat incumbent Will County Sheriff Mike Kelley in Tuesday's general election, but one of Reilly's felony arrests he made in 2013 has been brought up during the campaign. The case involved Reilly's arrest of Harry O'Neal in Rockdale. In a split 2-1 verdict, an Illinois appeals court recently overturned O'Neal's felony conviction for aggravated battery to a peace officer.

The two 3rd District appellate judges who had issues with Reilly's trial testimony were Mary K. O'Brien and Tom Lytton.

"The evidence was insufficient to sustain defendant's conviction for aggravated battery of a peace officer where the officer's testimony conflicted with a videotape of the incident," court documents state.

O'Neal was pulled over by a Rockdale police officer for not having his back license plate illuminated, court documents show. Reilly became the second officer to arrive at the scene. Afterward, "an altercation ensued," court documents state. O'Neal was arrested and charged with aggravated battery.

At O'Neal's bench trial at the Will County Courthouse, he was found not guilty one of count but guilty of the second count. He was sentenced as a Class X felon to six years of imprisonment.

"We reverse finding the evidence insufficient to sustain O'Neal's conviction," the appeals court ruled last month.

According to court documents, Rockdale officer Robert Baikie made the initial traffic stop and Will County Sheriff's Deputy Reilly responded to the officer's request for backup.

At the scene, "Reilly went to speak to O'Neal who was still in the driver's seat with the car running and in gear. O'Neal refused to roll his window all the way down or to put his vehicle in park despite Reilly's requests.

"Reilly reached in O'Neal's car then broke the window with his flashlight and put his head and shoulders into the car. A further altercation took place, which Baikie then joined. Baikie opened the car door and Reilly and O'Neal tumbled out," court documents state.

"They scuffled on the ground until O'Neal fled on foot. He later turned himself in to the Joliet Police Department."

One of the two criminal charges accused O'Neal of battering Deputy Reilly.

At trial, Reilly testified that he noticed O'Neal's eyes were red and glossy and his speech was slurred. O'Neal's car remained in drive and O'Neal had his foot on the pedal. The car didn't have a radio on the dashboard, just wires dangling, leading Reilly to suspect it might be a stolen car, court documents state.

O'Neal testified in his own defense at trial, He told the courtroom he bought the car brand new in 1994 and that it never had a radio. He gave the Rockdale officer his driver's license and insurance card and then during the traffic stop while the Rockdale officer was back at his squad car, Reilly suddenly appeared at the defendant's window. O'Neal testified he did not realize Reilly was a police officer.

"He told (Reilly) to (expletive) off. There was no reason to pull him over. Reilly told him if he didn't roll the window all the way down he would break the window, which he did. Reilly hit him in the mouth with the flashlight. He raised his arms to ward off Reilly's blows. He did not intentionally strike Reilly. He received medical treatment for head and face lacerations after the incident. On rebuttal, Reilly denied O'Neal's version of events and Baikie stated he did not see cuts or bruises on O'Neal after his arrest," court documents suggest.

O'Neal was subsequently found not guilty of one battery count against the Rockdale officer but guilty of the other count against Reilly.

"The court described the reason for the stop as suspect and considered that a bad attitude does not constitute a felony but was persuaded by the video and Reilly's credibility," the appellate court stated.

O'Neal's bid for a new trial was denied by the judge.

"I guess what it really comes down to Mr. O'Neal is that video," Judge Dave Carlson instructed. "It is that few seconds on the video. Whether I have concerns questions about Deputy Reilly's testimony as to what he saw, it comes down to that ..."

Despite hearing Reilly's testimony at trial claiming that O'Neal "battered him in the head and chest as he leaned into the car ... the portion of the video of the physical encounter that took place between Reilly and O'Neal while O'Neal was inside the car does not show O'Neal striking Reilly," the appeals court ruled.

"The video does not show O'Neal striking Reilly and therefore cannot sustain a finding of guilt for the offense of aggravated battery. O'Neal did not make the right to left motion necessary for him to strike Reilly .. While the video demonstrates the inaccuracies of Reilly's version of events, it likewise shows that O'Neal's testimony was consistent with the recording of the encounter.

"We find that the evidence presented did not prove O'Neal guilty of aggravated battery and to the extent the trial court's findings relied on Reilly's testimony, we find the video refutes Reilly's testimony."

However, the order from the appeals court was split 2-1. Justice Daniel L. Schmidt wrote: "I respectfully dissent ... Even if the video fails to corroborate Reilly's version of the incident, the totality of the evidence when viewed in the light most favorable to the State supports defendant's conviction for aggravated battery of a peace officer."

To read the entire appeals ruling go here:

Reilly, a Republican from Wilmington, is trying to oust his boss, first-term incumbent Sheriff Mike Kelley, a Democrat from Lockport, in next week's Nov. 6 election.

The Will County Sheriff's Police Management Association is trying to beat Reilly.

That political action committee gave another $5,000 donation to Sheriff Kelley's re-election campaign on Sept. 13.

RELATED COVERAGE: Chief Fred Hayes Predicts Sheriff's Kelley's Defeat On Nov. 6

Jim Reilly Aims To Beat Sheriff Mike Kelley

Main image of Will County Sheriff's candidate Jim Reilly provided to Patch