Police & Fire

Montgomery Man Not Guilty of Battery in Oswego Walmart Altercation

Two-day trial of Jason Thurmond concludes this week.

By Natalie Stevens
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November 8, 2012

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The criminal trial of a Montgomery man who shoved an off-duty Kendall County Sheriff's deputy on Super Bowl Sunday in February ended this week with a not guilty verdict.

Jason Thurmond was found not guilty of battery Tuesday for shoving the officer at the Oswego Walmart on Feb. 5, 2012, according to Kendall County court documents.

The trial began on Monday this week when defense attorney Richard Irvin questioned French’s actions, according to the Beacon News. In assessing French’s behavior that day, Irvin pointed out French didn’t identify himself as a police officer until after his gun was drawn. He also never attempted to quiet down other customers, nor did he offer to help Nicole Thurmond, wife of Jason Thurmond, the paper reported.

Kendall County Sheriff's Deputy Craig French, a department veteran who serves as the public information officer, was also in line and he and Thurmond exchanged words. French made sarcastic comments to Thurmond’s wife while she waited at the register for her husband.

The exchange escalated into a shoving match. Thurmond has admitted to shoving French to get him away from his wife, who was nine months pregnant with the couple's daughter. It was then, he said, that French pulled his gun.

911 tapes and security camera footage of the incident made available to Patch through a Freedom of Information Act request depict a scene of mass confusion, with French only revealing he was a sheriff's deputy after pulling his weapon.

The sheriff's office is conducting an internal investigation into the incident and results were to be released after the criminal trial of Thurmond.

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TLC Carpet Floors and More, Inc.

7:52 am on Thursday, November 8, 2012

Maybe someone needs some training.

Oswego Resident

8:03 am on Thursday, November 8, 2012

Walmart needs to be closed down. It is a company full of greed that hires and takes advantaged of underpriveleged people. They operate sweat shops in foreign countries and attract negative people to our town. Walmart devalues our town and ends up costing taxpayers more money to fund their workers who are on welfare. If you watch robert greenwalds the hight cost of low prices you will understand.

Oswego's Truth

1:18 pm on Thursday, November 8, 2012

I did watch the documentary and it made me sick. To hear how thjose workers are getting paid $3 a day and had to pay rent in for a nasty run down dirt place if you lived there or not. Walmart, I was so surprised at all that was shown about your company. You care for no one. My son worked there and I was so glad when his last day came along to be there. You are selling items at $14.98 that only cost $0.18 each to make. I was so shocked to see what I did! I just don't get it. How do you treat your employee's like that.

Working for Oswego

1:08 pm on Friday, November 9, 2012

Wow...this all makes sense...on Monday evening I looked on-line to see who Romney's campaign contributors were...memebers of Sam Walton's family!

Yorkvillian

9:12 am on Thursday, November 8, 2012

Ok how does someone admit to putting their hands on another person which equals battery then get off with a not
guilty verdict ?? I think with all the media coverage on this situation the real issue got buried. A battery did occur by Mr Thurmond by his own admission. Justice was not served this day.

David Edelman

9:21 am on Thursday, November 8, 2012

I don't understand, how does someone get away with pulling a gun in a grocery store line while obviously being a bully at the same time towards a family. Totally out of line and totally uncalled for. This could have ended really bad if that gun would have gone off. What is the status of Mr. French and why has he not been charged with anything that I am aware of? For those who want conceal and carry laws and more guns on the street, look at the reaction of everyone in that store once that gun was pulled. Imagine how bad this could have gone if everyone had a gun over a small dispute while someone went and got eggs for crying out loud. It is confusing to understand which side the law is on here as well in this case. At least the jury supported the Thurmond's thankfully. Best of luck to their family. Mr. French - you need to find better ways to resolve disputes.

Jessica

9:35 am on Thursday, November 8, 2012

What an ignorant display of power. This man is an officer and decided that it was rational to pull his gun on an unarmed civilian. Its not safe to have this man carrying a gun. He did not make a sane decision. Guns are only bad when they're in the hands of idiots. This idiot happens to be an officer. The police department should take his badge. Go push papers, its safer that way.

Richard R

9:39 am on Thursday, November 8, 2012

So now it is time for the Sheriff to get some training and maybe a few days off from work without pay for this. But since the Defendant was found not guilty, I think the Sheriff's Dept. will say that the Officer was with in is right to pull his weapon.

But I'm glad this fiasco is finally over, but 11 months later and a waste of our County resources.

Smokingdiesel

10:37 am on Thursday, November 8, 2012

French should be canned, he is a public officer sworn to protect and serve.. He failed miserably that day. I would have to call him a loose cannon by automatically pulling his gun instead of offering to help a pregnant woman or remaining calm and not starting the altercation. He is lucky that Illinois dose not have carry conceived that day or I think the situation he started would have escalated very fast!! Police should be professional on Super Bowl Sunday, and ever day they are not officially on duty. Craig French should be relieved of his duties due to his actions.

Katrina

11:41 am on Thursday, November 8, 2012

I am so happy for Mr. Thurmond!! Battery? Please! A shove is the least French had coming for harrassing a pregnant woman like he did. I think any husband or loved one would've done the same. I hope the family & their baby daughter are all well and can put this mess behind them.

Martin

11:41 am on Thursday, November 8, 2012

What a waste of time and resources over charging and prosecuting the wrong person. Both should have been charged with the officer getting additional charges for pulling his gun and thereby escalating the situation.

mike ellison

12:57 pm on Thursday, November 8, 2012

Both parties are idiots in this case. First, Thurmond is a big guy and obviously pushes his weight around. He did it to the wrong guy and got what he deserved. Finally, French overreacted in a store by pulling his gun without prior warning in a non-dangerous scenario and should be fired.

Herm

1:20 pm on Thursday, November 8, 2012

I am glad to hear that Mr. Thurmond has been found not guilty. If this altercation would have happened in his home, Mr. Thurmond would have been justified in taking the gun away and use it on the turkey. Why is that officer still on the job? He is there to "protect and serve" right??? It is called a 'loose cannon'. Sleep well tonight, 'cause KC in on the job!!!

Yorkvillian

3:39 pm on Thursday, November 8, 2012

Battery is defined as an intentional unpermitted act causing harmful or offensive contact with the "person" of another. So in other words you can't shove or push other people. Are you going to tell victims of domestic battery "it was just a shove"? Please. The main point here is Deputy French wasn't on trial here Mr Thurmond was. He admitted to doing what he was charged with how did a jury then turn around and say "no, he didn't do what he said he did " ?

Tim

4:03 pm on Thursday, November 8, 2012

Since your level of understanding of the law seems to be based on Wikipedia entries, let me try to explain this for you.

In this specific case(and also in the example you mentioned), there is a legal concept called the 'reasonable person'. As in, would a reasonable person see this as a battery. In this case, the alleged battery was in reaction to a perceived threat against a pregnant woman. A reasonable person would see this as self defense, and most likely dismiss the charges brought against the man. What you should be asking, is why the district attorney felt it was appropriate in the first place to file this charge. This case was also most likely a tort battery, not a criminal one, as there was no proven intent to cause harm, which is why it had a jury in the first place.

In your example of domestic abuse, there is no reasonable person test where 'it was just a shove' would pass. In the same way, there is no reasonable person test that would charge someone of battery for brushing up against someone while walking, even though that could meet all the legal definitions of a battery.

I would be concerned that this local police department feels it is appropriate to keep a man on the force who has been proven to be a poor decision maker, and let him carry a weapon around. If this was any other citizen, they would be sitting in jail right now. The police are supposed to be held to a higher standard, not a lower one.

Herm

3:53 pm on Thursday, November 8, 2012

Yorkvillian: Are you kidding me?? If your wife was nine months pregnant, standing in line at any store and a jerk started dressing her down for whatever reason, you wouldn't get in between them and move him back? That is called being a responsible protective husband. Mr. Thurmond didn't take a swing at him or put him in a head lock, he just pushed him away from his wife. Then the officer, being the big man that he is, pulled a gun---in a crowded store !!! And you want the husband to be found guilty??? I hope you are never on a jury I have to face!!!

Todd Milliron

4:34 pm on Thursday, November 8, 2012

The trial jury has made a decision it is final. The Kendall County Sheriff's Dept. has promised an internal investigation and it has to be addressed, as their Dept's. Public Information Officer-Kendall County Sheriff's Dept spokesperson conduct while off duty is now in question.

This official review needs to be handled in the most open and transparent way possible to assure the public that sworn officers carrying firearms are held accountable, were properly trained and will continue to be certified to carry and conceal a firearm 24/7/365.

This is an opportunity for Chief Deputy Scott Koster to define what it means to be a county law enforcement officer. If one cannot live up to county standards set by their official law enforcement training, then pass judgment, then mete out the appropriate punishment as an example to other Sheriff Dept. employees and set that bar for off duty conduct. It is long overdue. This not the first time questionable off duty conduct by command staff has occurred, but it is the most publicized to date.

Deputy French is the Public Face of the Kendall County Sheriff's Dept. and is considered higher echelon staff, so this cannot be swept under the rug, or it sends the wrong message to the rank and file officers that there are two standards, one for command staff, and one for regular patrol officers and regular correction officers.

Harry Kari

4:46 pm on Thursday, November 8, 2012

Here's another fine lawsuit that the Sheriff's Department has gotten Kendall County into. Thurmond should have yelled "Jackpot!" when the verdict of not guilty was read. Pulling a gun on a man defending his pregnant wife? The bidding starts at $2,000,000.

Herm

12:50 pm on Friday, November 9, 2012

In an ongoing investigation that is 11 months old, what is left to investigate. Is it a wainting game to see if the public will forget? There is no reason what so ever to pull a gun in a crowed store unless the person you are pointing the gun at is a danger to the other citizens. It seems the county staffs itself with those who are doing their best to give away county money. Mr. Thurmond has every right to expect a refund on his anquish from the last year. This should never have gone to court. Didn't the county officer have to press charges to have Mr. Thurmond "Brought to Justice"? Let's not forget this or it will happen again and again.