Vol 7, No. 1 (Summer, 2006)

Justice in Chicago!

Bryan Vander Mey, 33, a seven-year veteran of the Cook County Police Department (Chicago), was acquitted of charges of official misconduct and battery (a class II felony) in April following a two-day trial. Officer Vander Mey, who pled not guilty to any wrongdoing, had been suspended without pay for more than two years. Despite his acquittal, he must engage in administrative proceedings to be reinstated to the force.

Officer Vander Mey was one of several policeman involved in the April 2003 arrest of Rondell “Nightfall” Freeman, an alleged shooter in two homicides, and Antonio “P.M.G. (“Playa Money Gangsta”) Parker, who had previously been charged with punching a policeman in the face. Both are members of the Gangster Disciples at the notorious Cabrini Green housing project in Chicago.

This case was unusual for two reasons: Officer Vander Mey was charged for actions in an arrest even though there were no injuries, and he was the only one charged, despite the involvement of several other policemen.

At 10:30 p.m. on April 17, 2003, police spotted what appeared to be a typical drug transaction in a van at the Cabrini Green housing project. They stopped the van and recognized two suspected felons inside, but the occupants refused to get out. After fruitless negotiations with the occupants for more than 45 minutes, the police determined that force would have to be taken to extract the occupants from the vehicle. The officers broke the windows of the van and dispersed pepper spray into the car. A mob of more than 100 housing project residents had gathered and started throwing bricks and cans at the officers! When no one in the van moved, a decision was made to carry them out.

Rondell Freeman chose to fight the police. By this time, back-up police had arrived, and more than one officer struck Freeman with his fist. Freeman was at last subdued, handcuffed, and placed in a paddy wagon driven by Officer Vander Mey. Freeman and the other suspects were taken to the hospital where it was determined that no one had been injured. In the meantime, approximately 100 tenants of the housing project marched to the police station and started throwing rocks and bottles.

A resident of Cabrini Green made a home video of the arrest and gave it to the local media. From the angle from which the video was taken, it was impossible to determine the identities of the various policeman. However, it was clear that Freeman was resisting arrest. Since Officer Vander Mey was the tallest policeman at 6’4”, it was easy to pick him out of the fuzzy video, and he was the only one charged.

As imprecise as the video is, it is clear that the Cook County police regulations on the use of force were not violated in any way.

LELDF gave legal assistance to this case and we are pleased that Bryan Vander Mey was acquitted. It became impossible to justify a criminal case without any injuries, despite the excessive media attention. Bryan Vander Mey should be commended for standing on principle – and refusing to plea bargain for a crime he did not commit.