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Update: Sheriff Releases Walmart Incident Internal Investigation

Kendall County Board approves settlement of $20,000 for Jason Thurmond, and the rest of the lawsuit involving the altercation with Sheriff's Deputy Craig French will be dropped, according to the Aurora Beacon News.

A Kendall County Sheriff’s deputy was determined to have "lessen(ed) the confidence and esteem" of the department following an internal investigation into an incident in which he drew a gun on a fellow shopper at the Oswego Walmart on Feb. 5 2012.

The exchange began when French made remarks to the wife of Jason Thurmond, Nicole Healy-Thurmond, about the number of items the couple had in an express checkout lane, which then escalated into a shoving match initiated by Thurmond after he said French took a step forward. French then drew his gun, stating only afterward that he was a sheriff’s deputy.

“French did not display the courtesy and decorum I expect from my employees, and thereby tended to lessen the confidence and esteem of the public in the Office of the Sheriff,” Sheriff Richard A. Randall wrote in a letter contained in the department's internal investigation. Randall released the 157-page document Thursday after of a Freedom of Information Act request from the Aurora Beacon News.  

Download the full internal investigation here.

“Discipline that is sufficient to prevent such conduct from occurring in the future will be imposed upon Deputy French for this rule violation,” Randall wrote.

“I find that the comments made by Deputy French towards your wife, although not hostile, vulgar or threatening, could be perceived as impolite and discourteous. I find no evidence that Deputy French’s comments or actions justified an escalation of aggression, or physical violence by you.”

Police Operations Commander Phillip J. Smith, who conducted an analysis into the matter added that French’s comments, like “Can’t you count?” and “You’re holding up the rest of the line” were not threatening.

“Furthermore, these comments were made as a private citizen, and should be treated as such and protected,” wrote Smith, as French was off-duty at the time.

Thurmond was charged with battery in the incident, but was found not guilty last November.

Thurmond had filed a lawsuit against the Sheriff’s office citing excessive force and emotional distress seeking in excess of $400,000 in damages. Randall later claimed Thurmond offered to withdraw the lawsuit for a payment of $20,000.

As of Thursday night, the Kendall County Board agreed unanimously to approve the settlement to Thurmond for $20,000, according to the Aurora Beacon. The rest of the lawsuit will be dropped.

Even if the county were to win the lawsuit, said State’s Attorney Eric Weis, the lawsuit would cost at least $25,000 to defend, which is the deductible on the county's insurance, according to the Beacon

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Jake Delrose March 11, 2013 at 04:39 am
Gorilla has no idea what it is to be a police officer. You don't run from trouble, you go to resolve it and to protect the public. He just hates anyone with a badge.
Jake Delrose March 11, 2013 at 04:40 am
Again Gorilla has no clue in life and throws out opinions despite there inaccuracy.
Yorkvillian March 11, 2013 at 12:23 pm
If Mr Thurmond was so sure that he would get his 400,000 payout, then why did his atty go to the Sheriff's office with a settlement offer of 20,000? I am guessing that after reading the investigation into this matter (all 100+ pages) that since none of the interviewed witnesses seem to back his side of what happened his atty still wanted a paycheck...so thus a settlement offer is made. Apparently Mr Thurmond's moral high horse has a cheap payout saddle. If he and his lawyer were so sure that they would win..no offer would have been made by them...and yes the 20,000 was their idea..not the counties.
Yorkvillian March 11, 2013 at 12:31 pm
You don't think that they looked into what the county insurance deductible was and then made their settlement offer for just under it ? Please. That is what an atty does in any case that they want payment on.
susan spillman March 11, 2013 at 12:45 pm
The Sheriff stands behind his deputy pointing a gun for being pushed by an unarmed man and insulting a pregnant woman. The Sheriff just calls the lawsuit an injustice instead of answering direct questions. I see why the deputy did what he did, he's acting like the sheriff, arrogant.
Jake Delrose March 12, 2013 at 04:25 am
Gorilla has yet to answer the question. Must be to difficult to type out nonsense.
Jake Delrose March 12, 2013 at 04:32 am
Love the idea of these online legal scholars that state, "Get a civil suit" or "Since he drew his weapon out, he is a criminal."
When all of you, supposed online legal scholars, can present a case in court that can support Mr. Thurmond's rendition of the incident versus the multiple witnesses that do not support Thurmond's case, give the Patch and Record a call so we can watch the comedy act unfold on you.
Jake Delrose March 12, 2013 at 04:37 am
Sorry Lance... Not close to the case at all. I just work with people just like Thurmond looking for the easy scam for money and they just happen to come from the Crook County element. It's not a racist issue that you like to lean on to support your cock eyed view of the world. It's reality and when you wake up to that (and from what it sounds like you most likely won't) then you will just say it for what it is.
A scam.
Jake Delrose March 12, 2013 at 04:41 am
Dear Michael,
Learn to type without caps. If you cannot take a joke then close your eyes or scroll down the page and ignore my post. By the way if you know what Mr. Thurmond did with his award minus the 33% given to the attorneys, please disclose. But I am sure the money will most likely be well spent... :) Sure it will. Thanks
Jake Delrose March 12, 2013 at 04:43 am
Dear Michael,
Again read the whole thing. Thurmond asked to settle for 20G. Now all you have to do is confess that it was a scam all along. 400G was a pipe dream and I'm sure you know all about them.
Jake Delrose March 12, 2013 at 04:45 am
Can you name our interests? It's a nice cliche to say that but please define our interests?
Magilla Gorilla March 13, 2013 at 02:11 am
Exactly. To answer Jake's question, it is NEVER excusable to defend your wife by pushing another individual because he was verbally assaulting her. However, if that confrontation does occur, the other CLOWN should NEVER be allowed to brandish a FIREARM. The first place that CLOWN should go IS to JAIL. TOXICOLOGY SHOULD BE MANDATORY. Disorderly conduct w/firearm at least, but more likely AGGRAVATED ASSAULT. Mr. Delrose, read the law books. There are NO provisions for off-duty officers when they FAIL to identify themselves.
michael a tkach March 13, 2013 at 02:34 am
JAKE DELROSE,mr thurmund spent his money on a new house for him and his family,and he did not migrate from cook county,PUT THAT IN YOUR PIPE&SMOKE IT.you dont know me but you claim i am a pipe dreamer,i feel sorry for you,you must have a lot of problems in your pathetic little life!i must say,your little rant is amusing,carry on.
Magilla Gorilla March 13, 2013 at 02:37 am
In regards to Jake's belief that I think ALL officers are evil, sorry to disappoint you. I have several close friends that ARE officers. They HATE the fact that they are REQUIRED to cover for the (what they refer to as) CLOWNS. You are an ignorant man, and that is not your fault. I nearly became a police officer, but turned it down because I would never be able to enable others in my profession. If you want to know why officers have an abnormally high alcohol abuse rate, drug abuse rate, spousal abuse rate, divorce rate and suicide rate... Pay attention. GOOD PEOPLE study criminal justice, get hired, think they're going to PROTECT AND SERVE, realize they are merely generating revenue for a money making machine and become aware of the FACT that they are TRAPPED. Guilt sets in because of the things they have to do and overlook. Stress is generated by the overwhelming guilt they feel. They realize that they are basically legalized armed robbers. You either become evil or depressed. Real MEN and WOMEN quit. The rest waste away in a thankless, unethical profession. Sad that you have NO CLUE, but I could buy you the board game.
Magilla Gorilla March 13, 2013 at 02:39 am
It's not that the Thurmonds didn't have a case, but the TAXPAYERS would continue to fund the defense until HELL FROZE OVER. Jake, are you that blind?
Magilla Gorilla March 13, 2013 at 02:45 am
The Gorilla has several friends, and relatives with BADGES. Gorilla dislikes idiotic, reckless, unprofessional, and crooked individuals with Badges. Jake, please extract your head from your anus. You're really making yourself look stupid.
Magilla Gorilla March 13, 2013 at 02:59 am
It's ALL about the money. Kendall county will spend as much of the TAXPAYERS money it takes to hold up the suit indefinitely. Look at the Yorkville officer accused of taking drugs from the evidence room. Still hasn't been tried, last I heard. Not all officers are bad, until they enable those who are. We DO NOT have MEN running Kendall County, we have CLOWNS.
Jake Delrose March 13, 2013 at 04:54 am
So you are close to Thurmond and know a bit about him even about how he spent the money. No wonder we all can see your bias attitude on your comments. Hope the next time you need to call the cops to help you, you think about this moment and say, "Nope, the cops are the bad guys. They won't help me."
So where did he migrate from Mike? Since you know so much about Thurmond.
michael a tkach March 13, 2013 at 11:14 am
jake,if you think the kendall county police will help you if you call them,you are sadly mistaken,they are all a bunch of clowns led by a complete moron,i would never call them unless i need a free ride to there jail.i have decided not to respond to you after this post,because you are so confused,and not worth wasting my time.
Jake Delrose March 13, 2013 at 09:05 pm
Jeri, If you take a closer look at my posts, I have never said anything in support of Sheriff Randell but in support of men and women in uniform. Sad to see that you cannot read.
Jake Delrose March 13, 2013 at 11:09 pm
Gorilla looks as he has covered all of the bases for research and knowledge in the field because he has "friends" that are officers and they have all of these issues because of the "guilt" that they have on themselves.
Gorilla must have went to one of those liberal schools that taught opinion rather than facts in class. That believes the profession of police work is unethical and real men and women quit... All I can say is WOW! You actually put this on a post and believe it. Please Gorilla remove the tin foil hat because the aliens don't want you for any of their experiments.. :)
Jake Delrose March 13, 2013 at 11:13 pm
Confusion is reading your posts...
***Attention all officers of the surrounding area: Mr. Michael Tkach (if that is his real name) does not need your help because he thinks you guys are all clowns. What a good upright citizen Michael is supporting his local law enforcement agencies.
michael a tkach March 13, 2013 at 11:36 pm
thank you jake for repeating my words,and i forgot to mention,i also think you are a clown.and that is my name,and i have told the kendall county police what i think of them before.
Magilla Gorilla March 14, 2013 at 01:17 am
Jake, It is obvious to see that you belong to the group of mind-conditioned lemmings that refuse to be observant. You are not made to comprehend. No further posts are coming from me regarding this affair. Just please answer one question. Are you a police officer, related to one, a member of the judicial system, some type of government official, other law enforcement member or none of the above? Cuz you sure seem abnormally biased.
D.T. Strickland March 21, 2013 at 08:54 pm
@someone, pointing a firearm at a person is use of deadly force. deadly force is force likely to cause death or bodily harm.
George March 21, 2013 at 10:36 pm
I love all of the "my dad was a cop" and "my friend is a lawyer" legal experts on here.
Sounds like a legitimate reason to agree with this convict being awarded a stupid amount of money for doing nothing more than being a criminal, I bet if the situation were reversed that the focus would be about the "out of control deputy" who had the nerve to hold up the line
D.T. Strickland March 22, 2013 at 12:44 am
After reading the investigative report, I deleted my previous comment calling for French's firing. at this point, I believe French set in motion an event that precipitated an angry reaction from a citizen. once that occurred, he could have either handled the situation diplomatically or forcefully. he opted for the latter. he put himself in a bad situation and did not handle it well, however, Thurmond did not have to escalate the situation either. that being said, a peace officer is held to a higher standard. I think the whole thing is a wash. the investigative report, I think, is flawed with some noticable bias, but the thing that can't be escaped is the witnesses accounts of the incident. the Thurmond's account varies significantly from the witnesses'. The Patch's reporting of this incident has been rather one-sided. although The Patch did include a link to the investigative report, none of their reporting pointed to any info in that report. after reading numerous articles from The Patch I was convinced French should be fired. but after reading the investigative report and seeing the witnesses accounts, it paints an entirely different picture. having said that, however, I believe we still don't really know what happened. there are just too many odd discrepancies in that report.
Magilla Gorilla March 22, 2013 at 11:00 pm
Their report was their report. If you believe it is excusable to brandish a firearm instead of walking away, you are not thinking clearly. We DO NOT need officers who CAN'T think clearly. Sad people out there.
D.T. Strickland March 23, 2013 at 06:39 pm
when a person is physically attacked they have the right to defend themselves. when you carry a firearm there is always the possibility of someone overpowering you, taking your firearm and using it on you. so it is appropriate to use your weapon to prevent that from happening, when someone attacks you. could this situation have been prevented by French? yes, but it also could have been prevented by Thurmond. it's a 2-way street. but as I said before, police officers are (or at least should be) held to a higher standard and French should have never gotten himself into the situation in the first place. for that he should be reprimanded. but once the altercation ensued, and Mr. Thurmond attacked, officer French was justified in defending himself. it should be noted that, from the witnesses accounts, Mr French did not start a fight, he only created a hostile situation in which a fight COULD occur. if he had started the fight, he should have been fired. one cannot carry a firearm, then go start a fight and claim use of deadly force was necessary because of the fight they started. and that's why peace officers are (or should be) held to a higher standard, so there is no question when they do have to use deadly force.
Magilla Gorilla March 24, 2013 at 02:49 am
I don't care what ridiculous excuses anyone gives for justification of a cowardly act like that, a MAN does not do that, he walks away. He was not being mauled. Just walk back into the store and avoid embarrassing yourself. Cowards should not be allowed to carry firearms, let alone be police officers. The law reads, if you have an opportunity to flee and choose not to and pull a gun, you have committed a crime. No concessions for anyone, not even off-duty officers. In most people's opinions that I have spoken to, he clearly needs help, and should have been arrested. Enablers R us.
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Natalie Stevens (Editor) June 18, 2013 at 03:40 pm
Absolutely love the llama's smile! Thanks for posting!
Rebecca Moon June 18, 2013 at 12:21 pm
Any tween bicycles? Any bunk beds? Definitely interested in the recliner and the glasses.