Judge to rule on ex-Will County sheriff’s deputy’s DUI case early next year

A judge will decide early next year whether a former Will County sheriff’s deputy is guilty of driving under the influence in Plainfield in an incident where his vehicle struck another vehicle outside a gas station.

Both sides in the case against Ross Ricoebene, 37, delivered closing arguments before Judge Cory Lund, who in turn asked them to provide case law by Jan. 6.

Lund may come to a decision on Ricobene’s DUI charge some time after that date.

While special prosecutors in the case argued Ricobene exhibited clear signs of alcohol impairment in the May 13 incident, Ricobene’s attorneys contend Plainfield Police Officer Ryley Martin conducted a flawed DUI investigation.

The attorneys also suggested Ricobene was suffering from mental health issues at the time.

Ricobene’s attorney, Terrence Wallace, said the confusion and disorientation that Martin first observed of Ricobene was “consistent with mental health issues.”

Wallace pointed to other instances of “unusual behavior” from Ricobene that suggested he was suffering from mental health issues.

Wallace said a witness, Ruth Morales , said Ricobene was creepy and had a blank stare before the crash. He said Ricobene, while inside of a squad vehicle, asked if there was someone sitting next to him even though no one was there. Ricobene told someone on the phone at the Plainfield Police Department to pick him up in Lockport, he said.

The only witnesses called in the trial that began Dec. 8 were Martin, along with Morales and her co-worker Eric Keune.

Morales and Keune were in the Dodge Grand Caravan that was struck by Ricobene’s Ford Taurus outside Speedway gas station, 15919 S. Lincoln Highway, Plainfield. The Ford Taurus is a sheriff’s office vehicle, according to internal affairs reports obtained in a Freedom of Information Act request.

The defense did not call any medical experts or Ricobene’s doctors to testify in the case and it was unclear what specific mental health issues may have been affecting Ricobene at the time.

Philip Ungar, a special prosecutor from DuPage County, told Lund that he did not know of any mental health issue that creates a strong, overwhelming odor of alcohol that Martin said he smelled on Ricobene’s breath throughout his entire encounter with him.

Ungar said Ricobene’s confusion and distraction were signs of alcohol impairment.

Ungar said while Ricobene is allowed to refuse to submit to field sobriety and breath tests, Lund can consider why he refused them. He argued the refusals spoke to Ricobene’s “consciousness of guilt.”

“What we have is the strong odor of alcohol from start to finish,” Ungar said.

Wallace said Martin couldn’t confirm his suspicion that Ricobene was impaired without a field sobriety test.

During cross examination by Wallace, Martin, a field sobriety test instructor, acknowledged he did not ask Ricobene how much he had to drink, if he ever drank or if he took prescription medication or drugs. Martin also acknowledged his squad vehicle’s movable camera was not readjusted to capture Ricobene’s full trip to the ambulance and Martin’s squad vehicle.

Ricobene resigned from the sheriff’s office on Nov. 4, according to Will County Sheriff’s Deputy Chief Dan Jungles.

In a June 28 report, internal affairs sustained allegations that Ricobene committed conduct unbecoming by driving under the influence in a sheriff’s vehicle and violated other department policies.

Ricobene was recommended for a 13-day suspension without pay for those violations.

Ricobene resigned from the sheriff’s investigations division on June 13, and he was temporarily assigned to the Will County Courthouse.