Photo:Former Streamwood police Officer James Mandarino, left, and his attorney Richard Beuke walk into the Rolling Meadows Courthouse for Mandarino's sentencing Tuesday. The former officer got three years of probation and 150 hours of community service. No prison time for ex-cop who beat unarmed driver
Judge orders probation, cites former Streamwood officer's spotless record
The former Streamwood police officer convicted in March of beating an unarmed motorist with a baton was sentenced in Cook County Circuit Court Tuesday to 30 months of probation and 150 hours of community service.
During a sentencing hearing in Rolling Meadows branch court, James Mandarino said he regretted the incident.
"I regret that night ever occurred and I regret any pain and suffering to the other families and to Mr. Bell and Mr. Stalbaum,'' Mandarino told Judge Thomas Fecarotta Jr.
Mandarino was convicted in of aggravated battery and official misconduct, both felonies. A video camera on Mandarino's squad car captured him hitting motorist Ronald Bell with a metal baton 15 times after tailing Bell to his Streamwood home for a traffic violation.
Mandarino also used a Taser on Bell's passenger, Nolan Stalbaum.
Mandarino also spoke to reporters after the hearing, saying he appreciated receiving probation. Fecarotta denied a prosecution request for three years in prison, saying the court had received 80 letters of support for Mandarino and that the former officer had a spotless record.
A 15-year veteran of the department, Mandarino was fired from his job and lost his police pension following the March 2010 incident.
During the trial, Mandarino said he felt that his life was in danger when he saw first Stalbaum moving away from the car, then saw Bell get out of the car. Neither man was armed. Bell sustained lacerations and bruises and is suing Mandarino and the Police Department.
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A judge has convicted a former Streamwood officer on criminal charges in the beating of a motorist that was captured on videotape.
James Mandarino, described in court as an exemplary officer during his 15 years with the Streamwood police force, was fired after footage taken by his squad car camera showed him beating motorist Ronald Bell with a metal baton 15 times after tailing Bell to his Streamwood home on March 28, 2010.
Cook County Circuit Judge Thomas Fecarotta Jr. found Mandarino guilty of aggravated battery and official misconduct this afternoon, saying Mandarino used his baton as a “deadly weapon” in an unprovoked attack on an unarmed man.
“Any rational analysis (of the video) will show that the conduct of the defendant was wrong, just plain wrong, unprovoked, unnecessary and unacceptable,” said Fecarotta, who noted that he watched the video 50 to 60 times before making his ruling.
Mandarino could face probation or up to five years in prison when he is sentenced April 25. He will be allowed to stay out of jail on bond until then, over the objections of prosecutors.
Mandarino’s defense attorney, Richard Beuke, had argued that Mandarino followed proper police protocol during the stop because Bell and his passenger, Nolan Stalbaum, appeared intoxicated and acted aggressively. Both men have maintained they were neither drunk nor combative.
The judge said he did believe that Bell and Stalbaum were intoxicated and not entirely truthful about their actions that night. “But,” Fecarotta said, “if a picture speaks a thousand words, the video speaks a million.”
Assistant State’s Attorney Mike Gerber said the verdict “sends a message that these types of offenses against unarmed civilians are a breach of the public trust and will not be tolerated.”
Mandarino testified during the five-day trial that he feared for his own safety because Bell and Stalbaum did not remain in their vehicle until backup arrived.
Prosecutors asserted that Mandarino “lost his discretion and snapped” and had no cause to use the baton against Bell. The video showed Bell unarmed and kneeling on the ground as Mandarino lifts the baton over his head and strikes Bell on the head, back and arms. Bell suffered a head injury in the beating.
Stalbaum testified that Mandarino used a Taser on him after Stalbaum admitted that he did not obey Mandarino’s orders to get back into the vehicle.
Bell was charged with traffic offenses in the incident and Stalbaum was charged with resisting arrest but those charges were dropped.
Bell and Stalbaum have filed a civil lawsuit against Mandarino and the village of Streamwood.
A number of off-duty officers attended the trial in apparent support of Mandarino. A number of officers also participated in a fundraiser for Mandarino last June, though both the police department and the police union said they did not host the event. A union attorney did say he was supporting the now-former officer.
The fate of a former Streamwood police officer accused of beating a motorist is now in the hands of a Cook County judge.Both sides completed closing arguments today in the trial of James Mandarino, who was fired by the Streamwood Police Department after being shown on video beating a motorist multiple times with a metal baton.
Judge Thomas Fecarotta Jr. said he will review the testimony and the videotape and announce his ruling at 2 p.m. Wednesday at the Rolling Meadows branch.
Prosecutor Mike Gerber acknowledged that Mandarino’s career had been exemplary until the March 2010 incident but said he “lost control. He lost his discretion and snapped.”
Defense attorney Rick Beuke said Mandarino followed proper protocol and that prosecutors “failed to show Mr. Mandarino as an out-of-control, rogue cop who decided to take the law into his own hands.”