PEKIN, Ill. - In what turned out to be the last day of the Tazewell County Sheriff’s Merit Commission hearings for Sgt. Richard Johnston and correctional officers Jeffrey Bieber and Justin Piro, all 3 were declared not guilty of all charges against them.
The ruling came after only three hours — a stark departure from previous proceedings that lasted for six to eight hours.
The hearings stem from incidents occurring in the early morning of Oct. 17, 2008, when Becky Behm was incarcerated at the Tazewell County Justice Center.
A video recording of her cell shows Behm’s head striking a concrete wall and one correctional officer punching her in the face during physical altercations with Piro and Bieber.
The commission’s quick ruling was announced directly after members viewed the video a final time at their request.
With their ruling, the merit commission indicates its belief that whatever force used by Bieber and Piro against Behm was justified and not excessive or unlawful.
Johnston, who was accused of failing to properly supervise Bieber and Piro as well as giving an unnecessary order to pepper spray Behm, was also found not guilty of any offenses.
Tamara Cummings, Bieber’s attorney, said that prosecution failed to show a single document or piece of evidence demonstrating that the officers’ behavior towards Behm was inappropriate.
Various witnesses consistently testified that Behm was belligerent, violent and aggressive, Cummings said, and “nothing they did was improper or unjustified.”
During the portion of the recording when Piro and Bieber take Behm down the first time and cause her to strike her head against the wall, said Rob Scott, Piro’s attorney, “you can clearly see (Piro) fall back and sitting on the bunk.
He intended to use the move to gain control.
He did not intend for her to hit the wall.”
In his final appeal to the commission, Thomas McGuire, attorney for Sheriff Robert Huston, said that the members needed to look at the picture of Behm, taken after her night in jail, and ask themselves how she got those injuries.
“She was drunk,” McGuire said. “She was a pain in the keister. I’ll agree.
But none of the other officers dealing with her punched her or sprayed her or threw her into the wall.”
McGuire also questioned where Johnston was during the incidents.
“What did he do other than stand around and watch?” McGuire asked. “Isn’t his job to supervise?”
McGuire said that Piro and Bieber were “developing a head of steam” due to Behm’s combative and disrespectful behavior and that it was magnified when they took her into the solitary cell.
The officers who initially brought Behm into her cell, one of whom was a woman much smaller than Bieber and Piro, placed Behm on the bench by forcing her down while holding her arm, McGuire said.
“She didn’t throw her into the wall,” he said.
“Quite frankly,” he continued, “they are so annoyed at her constantly pushing the intercom that they’re going to quiet her down any way they can. ...
Is that the way to treat someone who is innocent until proven guilty?”
Cummings said that the fact Behm was injured does not necessarily prove wrongdoing on the part of the officers.
“Just because someone is hurt, or even killed, doesn’t make it inappropriate,” she said of the officers’ actions.
Immediately after watching the video of Behm’s cell, Commissioner Harvey Richmond made motions for a direct verdict of not guilty for Piro, Bieber and Johnston.
Each motion was approved unanimously by the commission.
“I’m a former chief deputy of this department, and I know how tough this can be,” Richmond said after the hearing.
“At no time during her incarceration did (Behm) follow directions, not until they threatened to taze her.”
Bieber, Piro and Johnston stand to receive back pay for time missed from work, Huston said, they will be restored to duty as soon as the commission authorizes it.
After the hearing, McGuire said that Huston will appeal the case to the Tazewell County Circuit Court.