Juvie Center Guards Allegedly Encouraged Inmates to Attack One Another

Four Illinois Youth Center guards have been indicted for encouraging juvenile detainees to attack other detainees as a form of discipline.

Johan O. Asiata, of Channahon, Michael M. Klimek, of Yorkville, Andre L. McFarland, of Rockford, and Elliott J. Short, of St. Charles, were indicted on multiple counts Nov. 22 by a Kane County grand jury, according to a news release from the Kane County State’s Attorney’s Office. An arrest warrant for each was issued immediately.

Kane County State’s Attorney Joe McMahon said that the guards, led by Klimek, encouraged certain juvenile residents to physically attack other juvenile residents, facilitated the attacks and stood idly by during the attacks. The offenses took place in January 2016 at the Illinois Youth Center-St. Charles.

The indictments state that each of the defendants was acting in his official capacity when he engaged in the alleged acts, which took place at the facility, which is public property. According to the Illinois Department of Corrections, all were employed as juvenile justice specialists at the time of the alleged offenses.

Asiata, 30, of the 26200 block of South Rachel Drive in Channahon, is charged with five counts of official misconduct, two counts of aggravated battery and one count of unlawful restraint. According to the indictments, he:

• Knowingly committed battery on public property
• Knowingly committed the offense of unlawful restraint
• Intentionally failed to report the commission of a battery as required by law
• Failed to report a threat to the safety of a resident as required by law
• Knowingly allowed juvenile residents to rough house and horseplay, which is forbidden by law
• Knowingly struck victims about the body
• Knowingly brought contraband onto the youth center property

A warrant was issued and Asiata was taken into custody Nov. 23 by the Illinois State Police. He posted $5,000 bond and was released Nov. 24 from the Kane County jail. His initial court appearance is set for 9 a.m. Dec. 8 in Courtroom 217 at the Kane County Judicial Center.

Klimek, 40, of the 100 block of Tuma Road in Yorkville, is charged with 53 counts of official misconduct, 18 counts of aggravated battery, three counts of unlawful restraint, one count of mob action, and one count of theft. According to the indictments, he:

• Knowingly committed battery on public property
• Intentionally failed to report the commission of a battery as required by law
• Failed to report a threat to the safety of a resident, as required by law
• Knowingly allowed juvenile residents to rough house and horseplay, which is forbidden by law
• Knowingly grabbed, struck and pushed victims about the body
• Knowingly brought contraband onto the youth center property
• Knowingly committed the offense of unlawful restraint
• Failed to report the commission of a theft, as required by law
• Committed theft
• Knowingly demonstrated a restraint move on a juvenile resident
• Knowingly committed the offense of mob action
• Knowingly allowed more than two juvenile residents access to the shower at a time
• Acting with another person, struck a victim about the body

A warrant was issued and Klimek was taken into custody Nov. 22 by the Illinois State Police. He posted $7,500 bond and was released Nov. 23 from the Kane County jail. His initial court appearance is set for 9 a.m. Dec. 5 in Courtroom 217 at the Kane County Judicial Center.

McFarland, 31, of the 4500 block of Hitching Post Trail in Rockford, is charged with eight counts of official misconduct, and one count of aggravated battery.

• Knowingly allowed residents to rough house and horseplay, which is forbidden by law
• Knowingly committed battery on public property
• Intentionally failed to report the commission of a battery as required by law,
• Failed to report a threat to the safety of a resident as required by law
• Knowingly struck and pushed victims about the body
• Knowingly brought contraband onto youth center property

A warrant for McFarland’s arrest was issued and he was taken into custody Nov. 22 by the Illinois State Police. He posted $3,000 bond and was released Nov. 26 from the Kane County jail. His initial court appearance is set for 9 a.m. Nov. 30 in Courtroom 217 at the Kane County Judicial Center.

Short, 34, of the 1900 block of Oak Street in St. Charles, is charged with four counts of official misconduct, and two counts of aggravated battery.

• Knowingly committed battery on public property
• Intentionally failed to report the commission of a battery as required by law
• Failed to report a threat to the safety of a resident as required by law
• Knowingly allowed residents to rough house and horseplay, which is forbidden by law
• Knowingly struck a victim about the body

A warrant for Short’s arrest was issued and he was taken into custody Nov. 22 by the Illinois State Police. He posted $5,000 bond and was released Nov. 23 from the Kane County jail. His initial court appearance is set for 9 a.m. Dec. 7 in Courtroom 217 at the Kane County Judicial Center.

All incidents are alleged to have taken place Jan. 9, Jan. 10, Jan. 11, Jan. 12, Jan. 13 and Jan. 28. The charges allege 10 victims.

The allegations were reported to the Illinois Department of Corrections in late January 2016. IDOC asked the Illinois State Police to handle the investigation, and the defendants then were placed on paid administrative leave.

If convicted of the most serious offense, each of the defendants faces a sentence of probation or between two and five years in the Illinois Department of Corrections.

The charges against these defendants are not proof of guilt. The defendants are presumed innocent and is entitled to a fair trial in which it is the state’s burden to prove guilt beyond a reasonable doubt.

photos courtesy of the Kane County State's Attorney's Office