Will Co. Deputy's Felony Charge Needs To Be Dismissed: Tomczak

JOLIET, IL — A court hearing will take place next week on Joliet criminal defense attorney Jeff Tomczak's motion to dismiss the felony aggravated reckless driving charge against Will County Sheriff's Deputy Andrew "Andy" Schwartz, 38.

"I think this is the worst prosecutorial decision-making that I've seen in my years, and I happened to have been a prosecutor," remarked Tomczak, Will County's State's Attorney of 20 years ago. "We are very concerned my client, Deputy Schwartz, is being held to a different standard and being treated differently because he has chosen to be a police officer."

Eight months after a traffic crash happened on Joliet's Plainfield Road — a wreck that Schwartz was not involved in — Illinois special prosecutor Bill Elward filed a single felony count against Schwartz. Separately, Elward filed an aggravated reckless driving charge against George Kou-Kou, a Plainfield 21-year-old, who lost control of his car and crashed into a van driven by a New Lenox family of four on their way home from church that Sunday afternoon.

The Joliet crash happened on April 4, and Schwartz was off-duty, driving his pickup truck at the time. Tomczak told Joliet Patch that Will County Sheriff Mike Kelley has kept Schwartz on paid leave from the sheriff's department for the past eight months now.

Tomczak said he did not expect any criminal charges would be filed against his client. The Joliet Police Department traffic unit handled the investigation. The indictment came from a Will County grand jury that heard evidence presented by the Illinois special prosecutor's unit.

"Deputy Schwartz was a victim of aggravated battery and road rage and someone leaving the scene of an accident," Tomczak said.

The criminal indictment said that "Schwartz pursued a car driven by George Kou-Kou for more than 10 minutes, pursuing Kou-Kou's car eastbound on Route 6, onto I-80, onto Chicago Street southbound, onto northbound Gardner Street," as Schwartz "drove at a high rate of speed on the city streets of Joliet and continuing to pursue Kou-Kou's car until it ultimately crossed into oncoming lanes of traffic at or around Plainfield Road and Frederick Street in Joliet and colliding with a gold 2015 Chevrolet Equinox operated by Phillip Juarez."

Tomczak said the events described in the indictment against Schwartz are inaccurate, and they don't give the complete version of what happened.

Tomczak said that somewhere in Joliet, Kou-Kou's car bumped into the back of Schwartz's truck; eventually, a milk shake was thrown into the back window of Schwartz's truck and "they took off without stopping," Tomczak said of Kou-Kou and his passenger.

"The entire time, Deputy Schwartz was following from a distance, and he was on the phone with the Joliet Police Department, trying to direct squads to pull the vehicle over after they hit his vehicle and took off," Tomczak said. "The bottom line, Deputy Schwartz was clearly not the aggressor, and he did what one would expect everyone to do."

When Kou-Kou lost control of his car, crashing head-on into the Juarez family's van on Plainfield Road, Kou-Kou's car caught fire, Tomczak said.

"Deputy Schwartz was not involved in that accident in any way," Tomczak said. "I'm told there is a video that shows Deputy Schwartz pulling up 15 to 20 seconds after the accident.

"Andy helped (Kou-Kou) get out of the burning car," Tomczak said. "We believe the indictment does not state a cause of action, and we will be asking for a speedy trial ... to demand the earliest possible trial date."

At the sheriff's office, Schwartz is an accident reconstruction specialist, his lawyer said.

By remaining on paid leave from work,"he's losing enormous amounts of overtime, and the sheriff's office is somewhat shorthanded of a veteran certified accident reconstructionist," Tomczak said.

Joliet Patch interviewed Tomczak on Tuesday at his downtown Joliet law office, Tomczak Law Group, asking if the felony grand jury indictment against Schwartz was expected.

"In a word, 'No,'" Tomczak replied. "I did not see this coming. It makes perfect sense for Mr. Kou-Kou to be charged. However, I do feel this is a very poor prosecutorial judgment, and we intend to fight this case as quickly and vehemently as possible."

At next week's court hearing, Will County Judge Dave Carlson is expected to set bail for Schwartz and take up Tomczak's motion asking that the aggravated reckless driving charge is dismissed.

Related Joliet Patch coverage:

Major Joliet Crash: Reckless Driving Charge For Off-Duty Deputy

Help The Juarez Family Medical Expenses