Charges against a Park Ridge police commander accused of beating two teenage boys eight years ago were reinstated Nov. 21 after they were dismissed by a lower court two years ago.
The Illinois Appellate Court on Nov. 21 ruled that Cmdr. Jason Leavitt must face charges of official misconduct and aggravated battery in the alleged beating of two 15-year-old boys in October 2006.
The case against Leavitt was dismissed by Cook County Circuit Court Judge Nicholas Ford in 2012, based on Leavitt’s attorney’s argument that the State’s Attorney’s Office improperly kept Leavitt’s indictment sealed for one year before he was arrested. The State’s Attorney’s Office said the indictment was sealed while the office investigated allegations of conspiracy within the Park Ridge Police Department.
In a written ruling, the Appellate Court said the delay between Leavitt’s 2009 indictment and his 2010 arrest “was justified.” The court also found that Leavitt “failed to set forth any particular reasons, either in the Circuit Court or in his brief on appeal, as to why his defense would be impaired by the delay” and disputed his argument that his due process rights were violated.
Following last week’s ruling, Leavitt was relieved of his police powers and put on administrative duty pending the outcome of the case, said City Manager Shawn Hamilton.
Park Ridge Police Chief Frank Kaminski said Leavitt will be performing “administrative tasks” for the department and will “not be out on the street.”
“The court has ruled and we’ll certainly work with the state’s attorney to see what the next steps are,” Kaminski said.
Leavitt could not be reached for comment.
In October 2006, Leavitt was driving his personal vehicle past Town of Maine Cemetery on Touhy Avenue when his rear window was broken by a projectile. According to authorities, Leavitt pursued three teenagers he believed were responsible and, after apprehending one of them, hit him in the back of the head before holding him on the ground and punching him.
Leavitt is also accused of kicking a second boy several times in the back of the head after the boy was handcuffed by other officers. Leavitt allegedly punched the boy repeatedly after the teen was placed in the back of a police vehicle.
A lawsuit filed by one of the teenagers and his family was settled by the city of Park Ridge for $185,000.
Leavitt was placed on paid leave following his arrest in 2010 but was reinstated in the department after the charges against him were dropped. He was promoted to the position of commander after the Police Department eliminated the rank of lieutenant.
Last week’s Appellate Court decision also includes allegations of a Police Department coverup involving Leavitt and the events of Oct. 28, 2006, leading to an investigation of the department by the Cook County State’s Attorney’s Office and the FBI. Leavitt was the only member of the department to face criminal charges.