BELLEVILLE – Charged in May for injuring police officers, Spencer Schmidt of Smithton has turned the tables on first responders by getting his felony charges dropped and suing them in St. Clair County circuit court.
In a complaint that Belleville attorney Jarrod Beasley filed for Schmidt on Aug. 4, officers allegedly used grossly excessive force during his arrest on May 19.
Schmidt names Smithton officer Joseph Agles, Freeburg officer Tyler Howes, and sheriff’s deputies Scott Mohrmann and Terry Marquardt as defendants.
He also is suing Smithton, Freeburg, St. Clair County, and sheriff Rick Watson.
One account of the day’s events came from parents Eric and Tina Schmidt, who applied for an order of protection against their son after his arrest.
Eric wrote that Spencer was irate and came after his mother with his crutches hitting her in the groin area.
He wrote that he came into the room, he and Spencer argued, and Spencer swung his crutches striking his hands.
“I kept ahold of the crutches which made him mad and he pushed me and kicked at me,” Eric wrote in the petition for OP. “I let the crutches go when I saw the blood on my hands.”
He wrote that he dialed 911 and when police arrived, Spencer was in the garage.
He wrote that Spencer threatened to harm them or harm himself.
He wrote that he and Tina allowed the officers to open the garage, “and in time they were able to get Spencer and put him in the car.”
They took Spencer to jail.
State’s Attorney James Gomric filed two felony counts charging aggravated battery of persons over 60.
Gomric filed felony counts of resisting Howes and Mohrmann as they handcuffed him, stating that his actions were the proximate cause of injuries to both.
Gomric filed two misdemeanor counts of domestic battery.
On May 24, Circuit Judge John O’Gara set bond at $375,000.
Circuit Judge Robert Haida found Spencer indigent and ordered appointment of a public defender, but no appointment followed.
On June 2, attorney and St. Clair County board member C.J. Baricevic of Belleville entered an appearance for Spencer.
Baricevic moved to reduce bond to $10,000 on June 11, and Gomric’s prosecutor didn’t take a position.
O’Gara granted it, “based on additional evidence and a substantial change in circumstances of arrest.”
Spencer raised $1,000 cash bond in five days.
On July 12, Gomric identified “potential for conflict due to civil case” and asked for a special prosecutor. (Schmidt’s excessive force civil case was not filed until Aug. 4).
On July 13, David Rands of Illinois State’s Attorneys’ Appellate Prosecutor entered an appearance for the state.
On July 22, he moved to drop all charges and O’Gara granted it.
Schmidt’s civil complaint followed two weeks later.
“Plaintiff, having not committed a crime, was understandably confused by the presence of a large police presence,” Beasley wrote for Schmidt.
He claims Howes entered Spencer’s room with his weapon drawn and pinned him into a corner of a couch.
He claims Mohrmann struck Spencer with a closed fist in the face multiple times.
He claims Marquardt tazed Spencer twice in his back while he was pinned down.
He claims Agles fired a tazer into Spencer’s back and cycled it multiple times.
Beasley practices at Kuehn, Beasley and Young in Belleville.
Defendants hadn’t responded as of Aug. 24.