Joliet police officer’s domestic battery case dismissed

A judge dismissed a domestic battery case against a Joliet police officer after the alleged victim failed to appear in court.

The bench trial for Officer Andrew McCue, 35, was supposed to begin Wednesday but Judge Ed Burmila dismissed the case. Burmila told both parties that Special Prosecutor Bill Elward has 18 months to reinstate the case.

Elward and McCue’s attorney, Eugene Fimbianti, declined to comment after Wednesday’s hearing.

The outcome represented at least the second time a domestic battery case that Elward prosecuted was dismissed in Will County court because of no complaining witness.

In 2019, Burmila tossed out the domestic battery case against Joliet police Detective David Jackson after the alleged victim refused to come to court.

McCue is one of four officers who are being sued by Nicole Lurry, the widow of Eric Lurry, over her late husband’s death two years ago in police custody.

Will County State’s Attorney James Glasgow’s office cleared the officers of criminal wrongdoing after the Will County Coroner’s Office determined Eric Lurry’s death was the result of an accidental drug overdose.

On March 29, Glasgow’s prosecutors filed a misdemeanor charge of domestic battery against McCue following his arrest by Joliet police on March 26. The charge alleged McCue, without legal justification, pushed a woman “about the body.”

Elward was later assigned to prosecute the case because McCue was a police witness in about 18 pending criminal cases for Glasgow’s office at the time.

Elward is still prosecuting Joliet police Officer Erin Zilka’s aggravated driving under the influence case. Zilka was charged with committing a DUI violation that was the “proximate cause” of the death of Berwyn Police Officer Charles Schauer, 33, who was a passenger in her vehicle.

On Wednesday, Joliet police Sgt. Dwayne English said McCue’s internal investigation is not complete as he is going to arbitration.

Former Joliet Police Chief Dawn Malec issued a termination notice to McCue in July 2021 but told The Herald-News she could not discuss the case because he filed for arbitration.

Joliet police officers facing discipline can take their case to an arbitrator or the city’s Board of Fire and Police Commissioners to seek reduced penalties or reversals of discipline.

The alleged victim in McCue’s case told a responding officer that she and McCue were having a couple drinks in a garage when the two got into an altercation, according to Joliet police reports obtained by The Herald-News through a Freedom of Information Act request.

The woman told the officer that she attempted to leave in a Chevy Equinox parked in the driveway but McCue said she couldn’t take his car, according to police reports.

The woman said McCue approached her and used one hand to push her in the upper chest area, which caused her to fall backward to the ground, according to police reports.

In an interview with police, McCue “stated that he did shove/push” the woman but “it was a small shove” and the woman “did the same thing,” according to police reports.

McCue called 911 after the incident, saying, “Can I get a unit to my house?” according to a heavily redacted recording of the call obtained through a Freedom of Information Act request. McCue told police dispatch that the woman pushed him and left the residence.