Special prosecutor assigned to Joliet cop’s domestic battery case

A special prosecutor was assigned to a Joliet police officer’s domestic battery case as he is a witness in about 18 pending criminal cases.

On Monday, Will County State’s Attorney James Glasgow’s motion to appoint a special prosecutor to Joliet police Officer Andrew McCue’s case was granted, court records show.

Glasgow’s motion said his office is recusing itself from the case as McCue is “listed as a witness through his official capacity as police officer” in about 18 pending criminal cases.

Bill Elward of the Illinois State’s Attorney’s Appellate Prosecutor’s Office was assigned to McCue’s case, court records show.

Elward is prosecuting Joliet police Officer Erin Zilka’s aggravated driving under the influence case. He was also the prosecutor on Joliet police Detective David Jackson’s domestic battery case, which was dismissed after the alleged victim was not willing to appear in court.

McCue was arrested after officers responded to the 1300 block of Fitzer Drive on March 26 for a welfare check.

“After investigation of this incident, off-duty Officer Andrew McCue was taken into custody for domestic battery,” police said.

A warrant was issued for McCue and he was released on cash bond, police said. He was placed on administrative leave and the case remains under investigation.

McCue is one of four Joliet police officers who Nicole Lurry is suing over the death of her husband Eric Lurry, who died after his arrest Jan. 28, 2020.

The Will County Coroner’s office ruled Lurry’s death an accident due to drug intoxication. Glasgow said in a memo that Lurry’s death “did not result directly from any action or inaction by an officer of the Joliet Police Department.”

Attorney Jeff Tomczak initially represented McCue until he withdrew his appearance Thursday. Attorney Eugene Fimbianti has filed his appearance for McCue.

When asked about the decision, Tomczak said that his law firm has a system that performs conflict checks automatically on cases and if a conflict is even suspected, immediate action is taken to correct it.

“That’s what we did,” Tomczak said.

Tomczak is representing several other Joliet police officers in their ongoing cases, such as Zilka, Javier Esqueda and Dennis McWherter. Patty Kalkanis, an attorney with his law firm, is representing William Busse.

Tomczak also represented Joliet Police Officer Nicholas Crowley, who was acquitted of recklessly firing a gun during a domestic dispute involving his fiancée, Cassandra Socha, who is also a Joliet police officer.

When asked why his firm has been representing many Joliet officers, Tomczak said he would hope it would be because of the skill of his attorneys, staff and the results they get for clients.

“Generally speaking, whether they’re police officers or civilians, that’s why anyone chooses to hire one law firm over the other, it’s about results at the end of case,” he said.