Kane County coroner indicted in TV theft
May 18, 2010 11:30 PM
Chicago Tribune
Since his election as Kane County coroner in 2000, Chuck West has developed a reputation for being talkative and outspoken.
But on Tuesday night, a few hours after he was indicted on felony charges, accused of allowing a dead man's TV to end up in a house shared by two deputy coroners, West was uncharacteristically hard to find.
In announcing misconduct charges, for which West faces up to five years in prison, a special prosecutor alleged that he "intentionally and recklessly failed to perform his mandated duties in his official capacity in that he failed to dispose of valuable personal property of Preston Pomykal."
That personal property was Pomykal's 24-inch Magnavox TV/DVD/VCR, which was in Pomykal's home in May 2007 when Carpentersville police found him dead on his bathroom floor of what was later deemed natural causes. Special prosecutor Charles Colburn declined to identify the two deputy coroners who wound up with the television.
A handful of deputies work in the coroner's office, one of whom is West's son, Eric. Eric West declined comment Tuesday night, referring questions to Chuck West's attorney, Gary Johnson, a former Kane County State's Attorney.
After allegations against West first surfaced last summer, the coroner said publicly that he took possession of the television set when authorities were unable to locate next of kin for Pomykal, 64. Efforts to reach West on Tuesday were unsuccessful.
"He didn't do anything wrong," said Johnson, West's attorney. "The indictment itself is like opening Al Capone's vault. There's nothing inside."
The charges against West prompted Kane County Board Chairman Karen McConnaughy to urge West to step down, at least temporarily, until the criminal case is resolved.
"This will be a huge distraction to the people who work for him," she said.
Johnson immediately shot down the suggestion. West, 67, has said he will not seek re-election when his third term ends in 2012.
"He's not going to resign," Johnson said, adding that the matter could have been resolved informally by "making a phone call."
"Once the public and a jury see the facts of this case, they're going to see that this is much ado about nothing. He is going to be acquitted."
West would be fired only if he is convicted of a felony, Kane County Board Attorney Ken Shepro said, or if a court rules that he is unable to carry out the duties of his office.
"He's an independently elected official," Shepro said. "The county board has no authority at all over his term of office."
But West's standing as an elected official presents the county with a sticky legal situation.
By law, the Kane County State's Attorney's office represents West. However, when allegations against West first came to light, Kane County State's Attorney John Barsanti, seeking to avoid a conflict of interest, called the State's Attorneys Appellate Prosecutor to investigate and advised West that he was unable to provide him legal counsel.
Johnson said that since the charges against West arise from his elected office, the public should pay his legal fees. The attorney added that he was drafting a letter to Barsanti making the request. Barsanti said a judge likely would decide whether West or the taxpayers should pick up the legal tab for his defense.
The Carpentersville police report on Pomykal's death states that "the only relative (the investigating officer) was able to identify was his father, who is also deceased. The coroner's office advised that they would continue to attempt to locate them."
In addition to the television set, authorities found several firearms in Pomykal's home, Carpentersville Police Commander Timothy Bosshart said. West asked the police to store the firearms, Bosshart said.
In August 2007 West sent a letter to the Carpentersville Police Department stating that the agency could destroy the weapons, Bosshart said.
Several months ago, the Kane County Sheriff's office received a complaint about the coroner's office's possible violation of the "whistleblower act," Sheriff's Lt. Pat Gengler said. Authorities forwarded the complaint to the special prosecutor, but Gengler declined to say whether it was related to Tuesday's charges.
"This (the TV complaint) is the only information that we have found that has resulted in criminal charges at this point," Colburn, the special prosecutor, said.
Authorities will serve West with a summons to attend a May 27 court hearing, Barsanti said.
-- Clifford Ward and Ted Gregory
April 2024 March 2024 February 2024 January 2024 December 2023 November 2023 October 2023 September 2023 August 2023 July 2023 June 2023 May 2023 April 2023 March 2023 February 2023 January 2023 December 2022 November 2022 October 2022 September 2022 August 2022 July 2022 June 2022 May 2022 April 2022 March 2022 February 2022 January 2022 December 2021 November 2021 October 2021 September 2021 August 2021 July 2021 June 2021 May 2021 April 2021 March 2021 February 2021 January 2021 December 2020 November 2020 October 2020 September 2020 August 2020 July 2020 June 2020 May 2020 April 2020 March 2020 February 2020 January 2020 December 2019 November 2019 October 2019 September 2019 August 2019 July 2019 June 2019 May 2019 April 2019 March 2019 February 2019 January 2019 December 2018 November 2018 October 2018 September 2018 August 2018 July 2018 June 2018 May 2018 April 2018 March 2018 February 2018 January 2018 December 2017 November 2017 October 2017 September 2017 August 2017 July 2017 June 2017 May 2017 April 2017 March 2017 February 2017 January 2017 December 2016 November 2016 October 2016 September 2016 August 2016 July 2016 June 2016 May 2016 April 2016 March 2016 February 2016 January 2016 December 2015 November 2015 October 2015 September 2015 August 2015 July 2015 June 2015 May 2015 April 2015 March 2015 February 2015 January 2015 December 2014 November 2014 October 2014 September 2014 August 2014 July 2014 June 2014 May 2014 April 2014 March 2014 February 2014 January 2014 December 2013 November 2013 October 2013 September 2013 August 2013 July 2013 June 2013 May 2013 April 2013 March 2013 February 2013 January 2013 December 2012 November 2012 October 2012 September 2012 August 2012 July 2012 June 2012 May 2012 April 2012 March 2012 February 2012 January 2012 December 2011 November 2011 October 2011 September 2011 August 2011 July 2011 June 2011 May 2011 April 2011 March 2011 February 2011 January 2011 December 2010 November 2010 October 2010 September 2010 August 2010 July 2010 June 2010 May 2010 April 2010 March 2010 February 2010 January 2010 December 2009 November 2009 October 2009 September 2009 August 2009 July 2009 June 2009 May 2009 April 2009 March 2009 February 2009 January 2009 December 2008