Judge Dismisses Felony Against Ex-Will County Deputy

JOLIET, IL — On Monday, Will County Judge Dave Carlson dismissed the felony charge of aggravated reckless driving causing great bodily harm against recently fired Will County Sheriff's deputy Andy Schwartz.

In April, Will County Sheriff Mike Kelley fired Schwartz in connection with Schwartz's off-duty incident that led to a head-on collision on Plainfield Road involving two other vehicles on Joliet's west side.

In Monday's courtroom, the judge granted Joliet criminal defense attorney Jeff Tomczak's motion to dismiss.

Schwartz's case had been scheduled for a jury trial in August.

"Obviously, we're very pleased with the judge's ruling, and I believe any prosecutor would be hard-pressed to find a defendant guilty when there isn't even probable cause to believe the defendant committed the offense," Tomczak told Joliet Patch afterward.

The case was being pursued by special prosecutor Bill Elward.

Tomczak said he plans to notify the Illinois Fraternal Order of Police in the hopes that it will be able to get the sheriff's decision to terminate Schwartz overturned.

In April, Joliet Patch broke the news that Schwartz was being disciplined for conduct unbecoming, conformance to laws, adherence to directives and altercations.

"This incident was investigated by the Joliet Police Department and you were subsequently criminally indicted Dec. 8. 2021 for one felony count of aggravated reckless driving/bodily harm," Kelley wrote Schwartz. "The disciplinary action is a discharge."

Patch asked Tomczak if he believes Schwartz should be reinstated now that the special prosecutor's criminal case was thrown out by the judge.

"I hope so," Tomczak remarked. "That's our hope. We're hoping that the sheriff will reconsider."

More Joliet Patch coverage: Will Co. Deputy's Felony Charge Needs To Be Dismissed: Tomczak