Crime & Safety

Family Demands AG Probe At Driver's Traffic Ticket Court Hearing

The family of Murod Kurdi who was killed in front of his home demand criminal charges for the driver who admitted having two drinks.

Fadia Muhamad, with her son, Suphi, and their attorney, David Petrich, speak to supporters and the news media after Leanne Cusack's court appearance at the Bridgeview Courthouse.
Fadia Muhamad, with her son, Suphi, and their attorney, David Petrich, speak to supporters and the news media after Leanne Cusack's court appearance at the Bridgeview Courthouse. (Lorraine Swanson | Patch)

OAK LAWN, IL — Family and friends of Murod Kurdi rallied in front of the Bridgeview Courthouse on Tuesday, demanding justice for his death.

Kurdi died in June after he was struck standing by his truck in front of his Oak Lawn home, by an Oak Lawn woman who received only a traffic citation despite allegedly admitting to police that she had consumed a 16-ounce beer and a shot of tequila an hour or so before the crash. Kurdi, who was the family breadwinner, died of his injuries a few days later.

So many of the family’s supporters turned out for the hearing of 27-year-old Leanne Cusack, the driver cited for striking Kurdi, that not all could find a seat in the courtroom, despite an empty row of seats normally reserved for court personnel.

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>>> Oak Lawn Investigation Into Deadly Crash 'Fatally Flawed:' Attorney

Oak Lawn police allowed Cusack to leave the scene several hours after the deadly crash on June 5 after issuing her a citation for failure to reduce speed to avoid an accident. The first officer on the scene said he detected a “slight odor of alcohol” on Cusack’s breath, but observed no other signs of impairment. Cusack admitted to having a few drinks at an Oak Lawn bar and talking on her cell phone when she hit Kurdi, reports said.

Find out what's happening in Oak Lawnfor free with the latest updates from Patch.

Several Oak Lawn police officers who interacted with Cusack said she exhibited no signs of alcohol impairment. Cusack was eventually allowed to go home, even though police said she had refused to take sobriety tests at the advice of her attorney.

Cusack was also issued a “Warning To Motorists” for refusing to blow, which carries a 6-month license suspension. The summary suspension went into effect Tuesday – 46 days after the deadly crash. The summary suspension will be adjudicated by the Secretary of State.

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The case was continued to Sept. 18, when the final Cook County Sheriff’s accident reconstruction report is finalized. A bench trial is also expected to be held on the “failure to reduce speed violation.” After the hearing, Cusack was allowed to leave the courtroom through a side door.

The Arab American Action Network organized a rally and news conference in front of the Bridgeview Courthouse following Tuesday’s hearing. Activists and Kurdi’s family blasted the Oak Lawn Police Department for conducting a sloppy investigation, and called for an independent review by Attorney General Kwame Raoul.

“Members of the Oak Lawn police did not think Murod’s life mattered,” Murod’s mother, Fadia Muhamad, said. “Due to their unethical misconduct and failure to enforce proper protocol and procedures of the law they are sworn to uphold.”

Muhamad also took to task Ofcr. Mark Hollingsworth, one of three Oak Lawn officers caught on a citizen’s video last year beating an Arab American teen after he fled a traffic stop. The teen was later found to be armed, and one of the officers has been criminally charged. Hollingsworth met with the Kurdi family and their attorney, David Petrich.

Hollingsworth was not at the accident scene on June 5. The Oak Lawn Police Department announced Tuesday that it had closed its investigation into the accident.

“Ofcr. Mark Hollingsworth determined that [Cusack] was not under legal limit after killing Murod just by looking at body cam video,” his mother said. “He tried to convince me that I would agree after viewing the video.”

Petrich said the family filed a wrongful death lawsuit against Cusack. He also called out her “special treatment.”

“[Deputies] made arrangements for her to not have to walk out in front of you. They gave her special treatment and took her out through a side door,” Petrich alleged. “Here’s a woman who has yet to say she’s sorry for what she did. Eleven days after this happened she was drinking at the same bar where she got drunk and killed Murod.”

Cusack’s attorney, Bob Olson, said there was testing at the accident scene, when his client was given an horizontal gaze test, which determines a jerking of the eyes. She passed the test.

“She’s getting death threats at work. They’re calling her employer,” Olson said. “We don’t know who it is.”

Muhammad Sankari, lead organizer for the AAAN, said the community outpouring for Kurdi’s family was because “we all see ourselves in Murod.”

“We see ourselves in Fadia and Saphi, We see the travesty of justice that took place” said Muhammad Sankari, lead organizer for AAAN. “If the Oak Lawn Police Department has so little regard for human life that they let someone who killed Murod go home at the end of the day, what does that mean for the rest of us.”

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