Sheriff Rejects FOIA For Body Camera Video In Grandfather's Killing

JOLIET, IL — Even though more than a year has passed since Will County Sheriff's deputies Nick Binnendyk and Desmond Warren ran into the Preston Heights house of Eldred Wells, fatally shooting the 70-year-old grandfather and his 21-year-old grandson, Jabbar Muhammad, Sheriff Mike Kelley has refused to release the body camera videos showing what happened.

Kelley's refusal to make the body camera footage available comes even though the Will County State's Attorney's Office of Jim Glasgow informed the sheriff's agency back in July — four months ago — that no criminal charges were forthcoming against Warren and Binnendyk.

Additionally, Kelley has refused to release footage from body cameras worn by deputies Warren and Binnendyk even though Kelley himself told Joliet Patch during an interview in the weeks leading up to the Nov. 8 election that he supported the body camera footage's public release showing the events from the Nov 6, 2021 shooting. It happened at the house in the Sugar Creek-Preston Heights area of Joliet Township, which is outside Joliet city limits.

After Joliet Patch submitted another Freedom of Information Act request in October seeking access to the body cameras, the Will County Sheriff's Office denied Joliet Patch's latest request. The most recent FOIA denial letter came Nov. 2, several days after Patch's interview with Kelley.

On Sept. 28, Will County's Sheriff's Office also denied Joliet Patch's FOIA seeking access to the police reports generated by the Will-Grundy Major Crimes Task Force from the Eldred Wells and Jabbar Muhammad incident of Nov. 6, 2021, even though the State's Attorney's Office had cleared the deputies of any criminal wrongdoing more than two months prior.

During an October interview, Kelley said it was the Will County State's Attorney's Office of Jim Glasgow that had advised the sheriff's office against publicly releasing the body cameras. Since the State's Attorney's Office serves legal counsel for the sheriff's office, Kelley said his agency must follow the advice of the state's attorney's office.

"I'm getting that decision made to me by the State's Attorney's Office," Kelley remarked last month."They're recommending me not to release that body camera footage."

Kelley said he would continue to withhold releasing the body camera footage "until they tell me to."

Back in April, Joliet Patch submitted a Freedom of Information Act request seeking access to the body camera footage of the two deputies from the November 2021 domestic disturbance call, which happened around 4 p.m. in the 300 block of Middletree Road in Joliet Township.

A week later, on April 20, Kelsey Reid, FOIA administrator for the Will County Sheriff's Office, informed Joliet Patch that its FOIA was denied, but Reid wrote, "If the State's Attorney, or a designated special prosecutor, determines there is no basis to prosecute the law enforcement officer involved in the officer-involved death, or if the law enforcement officer is not otherwise charged or indicted, the investigators shall publicly release a report.

"This case is currently under review with the Will County State's Attorney's Office. The release of the requested documents could jeopardize the integrity of the review process being conducted by the Will County States's Attorney's Office. The objective of the Will County Sheriff's Office is to remain transparent while following the laws of FOIA."

IL Police Routinely Release Videos

Unlike the Kelley administration at the Will County Sheriff's Office, many police departments across the Chicago area routinely publicly release body camera videos from police officer shootings and do so in a timely manner, Joliet Patch found.

Here's a handful of recent examples:

On April 15, 2021, less than three weeks after a Chicago police officer fatally shot a teenager, the Civilian Office of Police Accountability released bodycam video and other investigative materials related to the fatal shooting of 13-year-old Adam Toledo by a police officer in a Little Village alley on March 29.

The video appears to show Toledo holding a gun in his right hand as a police officer — identified as Eric Stillman — can be heard saying "show me your f------ hands" and "drop it" following a foot chase down an alley in the 2400 block of South Sawyer Avenue. Officer Stillman's body-worn camera video doesn't clearly show Toledo dropping the gun before he was shot in the chest.

On Oct. 28, 2020, one week after a high-profile police shooting in Waukegan, the city released dashboard-mounted and body-worn camera footage of the fatal Oct. 21, 2020, police shooting of Marcellis Stinnette, which also wounded Tafara Williams. In the Waukegan case, nearly 30 minutes passed between the time now-fired Waukegan police officer Dante Salinas jumped out of his squad car and started shooting and the point when an ambulance managed to get one of the two people he shot to the hospital. Salinas now faces three counts of second-degree murder and one count of involuntary manslaughter.

Stinnette, 19, the passenger, was pronounced dead from multiple gunshot wounds shortly after arriving at the Vista East Hospital in Waukegan around 12:30 a.m. Oct. 21.

On July 15, 2022, five days after Flossmoor police said a 64-year-old Flossmoor woman was fatally shot by police that Sunday afternoon after threatening to kill a family member and came at police armed with a knife, Flossmoor released footage of the officers' body cameras.

A person had called 911 to report that Madeline Miller, of the 1400 block of Joyce Drive, was armed with a knife and threatening the life of a female family member, Flossmoor police said. The footage then shows officers command Miller to drop the knife. Miller continues her approach with knife in hand, with officers dropping back into the driveway before firing a total of three shots, police said.

On June 14, 2022, 11 days after a Naperville police officer fatally shot a man who authorities said charged him with a hatchet, Naperville Police officials have released body-worn camera footage of the incident, Patch reported at the time.

Edward C. Samaan, 28, Naperville, died after being shot by the officer, who has not been identified. The video footage shows the June 3 incident from both the officer’s body-worn camera and the camera inside the police officer’s vehicle.

Wrongful Death Lawsuit Filed

In October, a new wrongful death lawsuit filed against the Will County Sheriff's Office indicated that the two deputies called to diffuse the domestic violence encounter involving a grandson threatening his elderly grandfather last November killed both men within 32 seconds of arriving at their Joliet Township home, Joliet Patch reported.

The 70-year-old grandfather killed by deputies Warren and Binnendyk did not have a weapon.

"Plaintiff’s Decedent Eldred Wells Sr. had done nothing to cause the deputies to fire their weapons at him during this encounter," the lawsuit argued. "After making the initial observation, the deputy did not immediately separate the parties, Jabbar Muhammad and plaintiff’s decedent Eldred J. Wells Sr.

"In the next 30 seconds following their entry into the home, the deputies proceed to further agitate and yell at Jabbar Muhammad, as well as draw their service weapons. When the increasing yelling and agitation became too much, Jabbar Muhammad lunged at ... Eldred Wells Sr.

"The deputies then began discharging their service weapons at both Muhammad and ... Eldred Wells Sr. Plaintiff's decedent Eldred Wells Sr. had done nothing to cause the deputies to fire their weapons at him during this encounter."

Sheriff's Deputies Cleared In July

On Sept. 20, Will County Chief Deputy Sheriff Dan Jungles notified Joliet Patch that his agency's deputies were cleared of any criminal wrongdoing in connection with the deaths of Wells and Muhammad. The deadly shooting case was closed on July 21 after the Will County State's Attorney's Office of Jim Glasgow completed its review of the Will County police shootings.

“The Will County State’s Attorney’s Office has reviewed the above-referenced case. Please be advised there will be no charges filed in this matter," Glasgow's staff informed Jungles in July.

On Oct. 25, a representative of the Will County State's Attorney's Office notified Joliet Patch in writing that she sent an email to Sheriff's Office spokeswoman Kathy Hoffmeyer "confirming that our office does not object to release of the body cam footage in the Wells/Mohammad matter."

On Oct. 27, Hoffmeyer notified Joliet Patch: "I received your voice message and have been informed by our FOIA officer that we will need you to resubmit a FOIA form or send a written request" by email to the sheriff's office.

That same afternoon, Joliet Patch re-submitted its previous Freedom of Information Act request "Seeking access to the body camera footage of Will County Sheriff's employees Nick Binnendyk and Desmond Warren in connection with the domestic disturbance call around 4 p.m. in the 300 block of Middletree Road in Joliet Township on Nov. 6, 2021."

On Nov. 2, Shannon Wahl, FOIA administrator for Sheriff Kelley, sent Joliet Patch a letter stating, "Your request is denied for the following reasons: Obstruct an ongoing Internal Affairs investigation by the agency that is the recipient of the request. Also, interfere with pending or actually and reasonably contemplated law enforcement proceedings conducted by any law enforcement or correctional agency that is the recipient of the request.

"The Will County Sheriff's Office, Internal Affairs Division, is assigned to this case. This is an open investigation that is currently being reviewed. The release of the requested documents could jeopardize the integrity of the investigative process. The objective of the Will County Sheriff's Office is to remain transparent while following the laws of FOIA."

Wahl's Nov. 2 FOIA denial for the body camera videos ended by stating, "You have a right to have the denial of your request reviewed by the Public Access Counselor at the Office of the Illinois Attorney General."

Back on April 11, CBS Chicago Channel 2 investigative reporter Dave Savini aired a TV story headlined, "Will County deputies shot a grandfather in the back and never told the public. Five months later, officials still won't show the body camera video."

Now, seven months after Savini's report, Sheriff Kelley still refuses to release the body camera videos showing the actions of deputies Warren and Binnendyk.

Related Joliet Patch coverage:

• Will County Fails To Disclose It Shot 70-Year-Old Man: FOIA Lawsuit
• Wrongful Death Suit Filed In Controversial Will Co. Police Shooting
• Friendly Fire Injured Crest Hill Cop, Suspect Never Stabbed Him: Ferak