Judge denies Illinois State Police officer’s motion to quash DUI arrest

Crystal Lake police had sufficient evidence to arrest an Illinois State Police officer on drunken driving charges in 2019, a McHenry County judge ruled Thursday.

Matthew E. Konie appeared in court beside his attorney, Patrick Walsh, who sought to quash Konie’s arrest and suppress related statements, photographs, witness testimony and blood alcohol content results tied to his client’s 2019 arrest.

Konie, 51, of Lake in the Hills, had been a master sergeant with the Illinois State Police since at least 2017 at the time of his arrest, state comptroller records show. He worked for the department as recently as 2020 and earned $115,000 that year, records show. The public salary database did not list Konie as an Illinois State Police employee for 2021.

In 2019, McHenry County Judge Mark Gerhardt determined that Crystal Lake police didn’t have enough evidence to think Konie was driving under the influence at the time of his Feb. 1, 2019, arrest.

The Illinois Appellate Court reversed that decision, however, prompting the Office of the Illinois Secretary of State to temporarily suspend Konie’s driver’s license. The Illinois State Police placed Konie on restricted duty immediately after his arrest, a department spokesperson said at the time.

During Thursday’s hearing, Walsh argued that any evidence gathered after Konie’s arrest was the product of an “illegal arrest” and should be barred from a future trial.

“At all times during the conversations with the Crystal Lake Police personnel Mr. Konie’s speech was clear and audible,” Walsh wrote in his request. “There were no signs of impairment in the way he spoke during his stop or detention by [the Crystal Lake Police Department].”

The reported smell of alcohol on Konie’s breath, his refusal to perform roadside sobriety tests and his alleged incoordination at the time of the traffic stop was “more than enough evidence” to support Konie’s arrest, McHenry County Assistant State’s Attorney Alexandria Spear said in court Thursday.

Officers might not have stopped Konie’s vehicle if they hadn’t been initially suspicious that the driver was impersonating a police officer. In addition to failing to use his turn signal, Konie also intermittently activated the lights and horn on his unmarked police vehicle, Spear said.

“It was too brief. It was irregular. It was inappropriate. It caused [Crystal Lake police Sgt. Daniel Hulata] concern,” Spear said.

Konie was off duty when Crystal Lake police stopped his unmarked police vehicle for a traffic violation on Feb. 1, 2019, in the area of Williams and Brink streets. He and an unidentified passenger were on their way back to Lake in the Hills, where Konie lives, after an afternoon “downtown” with friends, he allegedly told police.

According to testimony and video played at a March 2019 hearing, Hulata stopped Konie for allegedly speeding and changing lanes without using his turn signal. Hulata also noted that Konie activated the police lights and sirens on his vehicle.

After Konie struggled to pull over and put his car in park, he showed Hulata his police badge but said nothing, according to police reports. He also struggled to end a phone call, having tried and failed four times to press the end button, court records show.

In court Thursday, however, Walsh claimed Konie “showed no signs of impairment” before or during the traffic stop.

“I hope having difficulties with a cellphone isn’t a sign of impairment, otherwise I’m impaired all the time,” Walsh said jokingly during Thursday’s hearing.

Gerhardt ultimately ruled that police had sufficient reason to believe Konie – who refused to comply with roadside sobriety tests – was under the influence at the time of his arrest. The judge’s ruling was based in part on testimony surrounding Konie’s alleged traffic violations, the reported smell of alcohol and the intermittent use of lights and horns “for no apparent reason.”

Konie’s case was continued to March 25 for a status hearing. Attorneys also set a tentative May 17 jury trial date.

The Illinois State Police could not be reached to comment on the status of Konie’s employment.