After two weeks of investigation, police and prosecutors had interviewed all the witnesses, reviewed all the evidence and weighed the political consequences.
But as late as Tuesday night, they still were left with two decidedly different versions of what happened outside Mike’s bar in the early morning hours of April 6. And they were left with an agonizingly difficult decision to make.
The announcement finally came Wednesday: The two white officers accused of beating the black man, Edward Stacy, would not be charged with criminal wrongdoing. But the mildly worded five-paragraph statement from the Cook County state’s attorney’s office belied a days-long logjam in which police and prosecutors wavered time and again about whether to charge the officers.
According to sources familiar with the case, the investigation into the fight was complicated and delayed by the sensitive nature of the alleged crime. Police executives and prosecutors agonized that clearing the officers would open them to criticism that they were racists and easy on cops.
In fact, reactions Wednesday from African-American leaders were largely subdued. Several said they accepted the findings, but asserted that Chicago still must deal with broader problems of racial intolerance and police misconduct.
And precisely because of such considerations, investigators took extraordinary care to interview every witness in the Mike’s case–some 40 or 50 people–to see if any would corroborate Stacy’s story that he was beaten by the two officers.
“If it was just a regular tavern fight, it might not have taken that long,” one official said. “When there is a lot of public attention, you don’t want to leave any stone unturned.”
The case also was delayed by a key witness who was in Texas and who returned to the area only recently. The witness was considered crucial because he said he saw Stacy throw the first punch, the source said.
And in the end, despite political concerns, authorities had little choice, the source said.
“Nobody said what Stacy was saying,” the source said. “Civilians were backing up what the police were saying.”
One version of events came from Stacy, a 26-year-old bar bouncer who said that he was the victim of a hate crime outside Mike’s, at 1318 W. Webster Ave.
Stacy, a convicted felon, told investigators that he was attacked by a group of white men–including two police officers–beaten and pistol-whipped. The group shouted racial slurs, Stacy said, and one assailant fired a gun into the air.
The other version came from more than a dozen witnesses, including a cabdriver, bar patrons and several people who were waiting to get into Mike’s.
They told police that Stacy became belligerent and started the fight because the bar was closing and he was refused entrance, a story publicly repeated Wednesday by an attorney for one of the officers.
For many investigators, the case was a no-brainer.
Stacy’s story changed on several occasions and wasn’t corroborated by witnesses.
Even the physical evidence refuted Stacy’s story: He didn’t have any injuries to support his claim that he was pistol-whipped, and investigators never found a spent shell casing from the alleged gunshot.
On Wednesday, the Cook County state’s attorney’s office issued a brief press release announcing its decision not to charge the officers.
“As prosecutors, we are bound by the law to bring charges that are based only on evidence, not on opinion, rumor or innuendo,” Cook County State’s Atty. Richard Devine said in the release.
Yet African-American leaders–even those who said that they accept Devine’s findings–quickly asserted Wednesday that Chicago still must deal with race relations between citizens and police officers.
“Racial insensitivity in the police department needs to be addressed notwithstanding this case,” said Ald. Robert Shaw (9th), who last week proposed City Council hearings on the subject. “The hearings should move forward.”
Ald. Ed Smith (28th), himself a former police officer, said, “If the state’s attorney has done an in-depth investigation on the thing and found it to be unfounded, I have to live with that.
“But I still have grave concerns about some of the activities coming out of the police department.”
Said civil rights leader Rev. Jesse Jackson: “There’s a rash of police-community conflicts in the city. There is a growing gap of distrust between police and the people because of the number of incidents.” Jackson asserted that Devine’s decision does not necessarily settle the issue, and he suggested Stacy may pursue a civil lawsuit.
Both Stacy and his attorney, Steve Zucker, declined to comment Wednesday.
On Tuesday, Stacy had predicted that the officers would be charged, saying, “I don’t think there’s any way to whitewash the truth.”
Neither of the officers, one a Town Hall District patrol officer, the other a Wood District tactical officer, could be located for comment.
Both officers were reassigned to desk jobs during the investigation and could still face suspensions from the Police Department for participating in the fight.
Attorneys for both men said they were relieved by the outcome of the investigation.
“This should have been the result two weeks ago,” said Joseph Roddy, who represents the Town Hall officer. “This was a bandwagon without a driver.” He declined to elaborate.
Jerry Marconi, who represents the Wood District officer, identified his client as 26-year-old Greg Daly, a 2 1/2 year veteran.
“I don’t know what he did wrong,” Marconi said. “He got punched and thrown to the ground. What he should have done is make out a case report as a victim of battery. He was the victim.”
Daly and the Town Hall officer are roommates. Along with three other friends, they arrived at Mike’s at about 3:30 a.m. April 6.
Daly was standing near the entrance to the bar about 5 a.m. when the bar’s owner asked him to “start getting people out of the bar and don’t let anybody in,” Marconi said.
A short time later, someone began banging on the front door. Daly opened the door a crack and saw Stacy standing with four or five others, Marconi said.
Daly told the group that the bar was closed, but Stacy protested, saying, “Tell Mike that the bartenders from Beaumont (the tavern where Stacy worked) are here,” Marconi said.
Daly again told the group that the bar was closed, and Stacy started pushing on the front door, squeezing a friend of Daly’s that was standing behind it, Marconi said.
When Daly’s friend attempted to push the door closed, Stacy said, “Your (obscenity) buddy shut the door on my foot,” elbowed Daly in the face and grabbed him by the collar, Marconi said.
The two butted heads, and Stacy threw Daly to the ground, Marconi said. Then, some of Daly’s friends joined the fracas, chasing Stacy down the street, Marconi said.
No shots were fired, Marconi said, and Stacy was not pistol-whipped.
Instead, he said, the fight was brief and ended with Daly offering Stacy an apology: “He said, `Hey, the only reason I didn’t let you in is because Mike didn’t want you to.’ “
