Waukegan police will no longer arrest students while they are at school, nor will the department conduct an investigation of a juvenile unless a parent, guardian or attorney is present during questioning.
Interim Police Chief Keith Zupec announced the new policies during a Waukegan City Council meeting Monday at City Hall in the wake of the arrest and incarceration of Waukegan High School freshman Martell Williams, 15, for attempted murder, which turned out to be a case of mistaken identity.
Since Williams’ arrest Feb. 16 and release from juvenile detention two days later, Zupec said he has met with his command and upper command staff to learn precisely how the mistake was made, and what can be done to assure it does not occur again.
“I know that we have to do better,” Zupec said. “We cannot allow this to happen. I’m going to do my best to make sure something like this won’t happen. I don’t know I can give a 100% guarantee, but I’m going to get as close as possible.”
Zupec said the juvenile justice system is about rehabilitation. When a judge issues an order regarding a youthful offender, school and doing homework are often mandated as part of the corrective measures. Arresting a youngster in school is contrary to that philosophy.
“So why would we as the Waukegan police department want to continue to take kids out of school,” he said. “If we need to make an arrest on a student, we will make that arrest outside of school. We prefer and we want them to be in school.”
Though there are school resource officers present on campus who may be in a position to make an arrest when something happens which mandates it, those officers must now contact a supervisor before taking action.
“I’m looking for that second layer of approval to say, ‘Is that the right thing we should be doing at that point in time?'” Zupec said.
Along with refraining from making juvenile arrests on campus, Zupec said no youngster can be interrogated unless a parent, guardian or attorney is present. It is legal in Illinois for an officer to act as a child advocate during an investigation, but it will no longer be permitted in Waukegan.
Waiting for a parent, guardian or attorney before questioning a juvenile is best for everyone involved, he said. Zupec said it not only protects the suspect, but it shields the police as well.
“We are not going to be juvenile advocates inside of the room,” he said. “While state law allows for that to occur, that’s not best practices. That’s not the smartest thing to do.”
Both Zupec and Mayor Ann Taylor said these two new policies are a beginning, not an end. Taylor said more will be discussed at the next council meeting March 21. She said extensive conversations have taken place and will continue.
“There have been some things which have been very important for us to learn from this,” Taylor said. “I personally don’t believe a child advocate should be a police officer. I feel it’s important our children feel safe even when they’re at the police station.”
Kevin O’Connor, an attorney who represents Williams, said during audience time at the meeting after Zupec and Taylor spoke he wants to be part of the changes which will take place. He was passionate about not allowing police to be a child advocate.
O’Connor said Williams was coerced into confessing to a crime he did not commit. O’Connor said Williams’ mother said Lake County State’s Attorney Eric Rinehart told her were it not for the video and witnesses saying the teen was playing basketball at Adlai E. Stevenson High School at the time of the crime, he likely would have spent 10 to 20 years in prison.
“That is a scary proposition for anybody who has children,” O’Connor said. “I feel there is a sense there could be real change going on. I hope we can work together to make that change.”
Regardless of whether he works with the city or not, O’Connor said after the meeting he plans to push for legislation in the Illinois General Assembly banning police from acting as child advocates.
Taylor also said at the meeting the city plans to hire an outside firm to review police policies and procedures to suggest more changes.
Waukegan Community Unit School District 60 Board of Education President Brandon Ewing, who demanded a an investigation into school procedures used during Williams’ arrest, said in a text after the meeting he is glad Zupec was responsive to the community and made the changes.
“I look forward to continued collaboration with (police) and the state’s attorney to ensure we are keeping all students safe,” Ewing said. “The board’s primary concern is that our student has the support he needs.”
