An arbitrator on Tuesday upheld the firing of a former Will County sheriff’s deputy who was off duty when he chased after a driver who then crashed into another vehicle in Joliet.
The decision against former deputy Andrew Schwartz, 40, marks the latest chapter in the fallout over the April 4, 2021 crash that caused injury to Phillip Juarez and his family. Juarez has since sued Schwartz and others over the crash.
The family’s vehicle was struck by another vehicle driven by George Kou-Kou, 23, of Plainfield. Before the crash, Kou-Kou had been chased by Schwartz, who was off duty, after Kou-Kou was accused of tossing a McDonald’s drink at Schwartz.
Schwartz ultimately pleaded guilty to misdemeanor aggravated speeding last September. The felony case against Kou-Kou on an aggravated reckless driving charge will head to jury trial next March.
After Schwartz challenged Will County Sheriff Mike Kelley’s decision to fire him, attorney Steven Bierig was appointed as the arbitrator to settle the dispute by representatives of the Will County Sheriff’s Office and Illinois Fraternal Order of Police Labor Council. An arbitration hearing was held Sept. 7 and Bierig issued his written decision on Tuesday.
Bierig’s decision to uphold Schwartz’s firing was based on the negative publicity surrounding the crash and the egregiousness of Schwartz’s conduct despite his remorse and outstanding work record.
Bierig said the former deputy’s behavior “negatively affected the reputation” of the sheriff’s office and he violated numerous traffic laws while chasing after Kou-Kou, even though he was a deputy who specialized in enforcing those laws.
Bierig said Schwartz’s actions “culminated in serious injuries to six individuals,” which includes the Juarez family, Kou-Kou and the passenger in Kou-Kou’s vehicle.
“Had [Schwartz] simply left the matter to the authorities, the injuries could have been avoided,” Bierig said.
Bierig’s decision noted that Schwartz was off-duty when he chased after Kou-Kou in his pickup truck at a high rate of speed and violated several traffic laws. Schwartz had contacted 911 while driving and he was told by a dispatcher to end his pursuit, Bierig said.
Schwartz’s pursuit lasted more than 10 minutes and culminated in Kou-Kou crossing the center lane and crashing head on into an SUV that was occupied by the Juarez, his wife and their two children, according to Bierig’s decision.
“All four occupants of the SUV sustained serious injuries and required hospitalization,” Bierig said.
Will County State’s Attorney James Glasgow requested a special prosecutor to handle the initial felony case against Schwartz. William Elward’s prosecution against Schwartz ended before it ever went to trial after Judge Dave Carlson granted a motion to dismiss the case that was filed by Schwartz’s attorney, Jeff Tomczak.
Elward refiled another criminal charge against Schwartz, which was a misdemeanor charge of reckless driving. Schwartz was sentenced to serve a year of conditional discharge after he pleaded guilty to a new charge of aggravated speeding.