Wrongful death lawsuit against Will County sheriff’s lieutenant temporarily suspended

A woman’s lawsuit against a Will County sheriff’s lieutenant accused of wrongfully killing a man who took hostages at a bank has been temporarily suspended because of an open criminal investigation, which has been ongoing for a year since the incident occurred.

Wednesday marked one year since the fatal shooting of Gregory Walker, 65, of Crest Hill, who was armed with a gun and took hostages at Fifth Third Bank in Romeoville. Will County Sheriff’s Deputy Chief Dan Jungles has said Sheriff Lt. John Allen was the SWAT team member who fired a shot at Walker.

Will County State’s Attorney James Glasgow has yet to make a decision on whether charges will be filed against Allen. Glasgow’s spokeswoman, Carole Cheney, declined to comment on Wednesday when asked why their office has not finished their review of the case or allow the public release of videos or other records in case.

Meanwhile, Walker’s surviving sister, Brenda Nash-Milton, commenced her own civil prosecution of Allen in a Feb. 20 lawsuit that accuses Allen of wrongfully killing her brother. Walker’s hands were raised in the air when he left the bank and he was shot, his sister’s lawsuit claimed.

Allen’s employer, the Will County Sheriff’s Office, and his boss, Sheriff Mike Kelley, were also named as defendants in the case.

However, Nash-Milton’s lawsuit was temporarily put on hold when U.S. Judge Sara Ellis granted a motion from Allen’s attorney, Lance Neyland to suspend the proceedings.

Neyland’s motion requested a suspension of Nash-Milton’s lawsuit because forcing Allen to answer her complaint, respond to discovery or testify would “require him to make the impossible choice.”

That “impossible choice,” would require Allen to either claim his privilege against self-incrimination, which would prejudice him in Nash-Milton’s lawsuit case, or waive that privilege and potentially prejudice himself in a criminal proceeding, Neyland’s motion said.

Illinois State Police provided reports to Nash-Milton’s attorneys under “attorney’s eyes only designation,” court records show.

Nash-Milton was allowed to file a sealed amended lawsuit on Tuesday and not serve either Allen or the sheriff’s office with the document “until the investigation is completed,” court records show.

The next court date in Nash-Milton’s case was scheduled for July 11 for status on the criminal investigation and when she can serve any new defendants in the case.

Barney said the amended complaint will most likely be unsealed after the competition of the investigation.

On April 25, attorneys from Illinois Attorney General Kwame Raoul’s Office filed a motion to quash Nash-Milton’s motion for Illinois State Police to respond to a subpoena for records of its investigation.

Hal Dworkin, one of those attorneys, said in the motion Illinois State Police Special Investigator Nicholas Jakubisin “has been investigating this matter.”

“Presently, Agent Jakubisin has been working with the State’s Attorney of Will County to assist the Will County State’s Attorney in determining whether to file criminal charges,” Dworkin’s motion said.