E-Bike Seized On Joliet Junction Trail: Tomczak Law Group Wins Forfeiture For Client 'Trying To Get To Work'

JOLIET, IL — The Will County State's Attorney's Office had one of its highly publicized civil forfeiture cases fall apart last week, as the Will County Forest Preserve Police failed to show up for the previously scheduled trial. The case involved the confiscated e-bike owned by 63-year-old Joliet resident John Shields. Back on May 22, Shields was arrested by the Forest Preserve Police while riding his e-bike along the Joliet Junction Trail while trying to get to work.

Shields hired the Tomczak Law Group to represent him and defense attorneys Anna Rose Bertani and Patty Kalkanis appeared with Shields during last week's scheduled trial in front of Will County Judge Brian Barrett, who handles the lion's share of Will County's forfeiture cases nowadays.

During Wednesday's Joliet Patch interview, Bertani explained that even though the Forest Preserve police took the e-bike into evidence, it was the Will County State's Attorney's Office that ultimately decided to seek the civil forfeiture.

"He's a hard-working guy and I know this put a lot of stress on him unfortunately," Bertani said. "I'm just proud we were able to get a good result, so I'm happy to have helped."

Will County Forest Preserve Police Yelled 'Stop'

Back on July 15, Joliet Patch broke the news surrounding the forfeiture case in an exclusive story headlined, "E-Bike Seized On Joliet Junction Trail: State's Attorney Glasgow Makes It Civil Forfeiture." Joliet Patch is the only news outlet that consistently reports on the civil forfeiture filings at the Will County Courthouse.

Back on May 22, Will County Forest Preserve Police officers Mosier and Glecier were on foot patrol along the Joliet Junction Trail at the milepost near the 2400 block of West Jefferson Street when they spotted the e-bike accelerating without any pedal movement, the forfeiture complaint outlined.

The officers yelled "Stop," and activated their Guardian Angel police lights. Shields abruptly stopped and announced he was in a hurry to get to work. Shields told Will County Forest Preserve police that the e-bike was a 750W.

The officers did not find any e-bike class sticker on the vehicle, and police dispatchers relayed that Shields had a revoked driver's license. The officers looked up the e-bike online and found that the manufacturer listed it as a 5000W with top speeds between 40 and 45 mph.

According to court documents, the Will County Forest Preserve Police gave Shields a driving while license revoked citation and the e-bike was seized.

During Wednesday's interview, attorney Bertani told Joliet Patch that she strongly objected to the Will County State's Attorney's Office attempt to take away her client's e-bike.

She acknowledged that Shields has a prior DUI conviction, and that's exactly why he uses his e-bike to get to and from his job. She said he works at a warehouse facility near the Louis Joliet Mall area.

"He Was Very Happy To Have His Bike Back:" Anna Rose Bertani

Bertani said that even though the Will County Forest Preserve Police failed to show up for last week's previously scheduled civil forfeiture trial against Shields, long-time assistant state's attorney Dant Foulk asked Judge Barrett to continue Shields' trial for a later date.

When the judge objected to doing that, Foulk dismissed the forfeiture complaint.

Bertani said her client was able to regain his E-Bike from the Will County Forest Police last Friday afternoon.

"I don't know who was happier, him or me, but he was very happy to have his bike back," Bertani explained.

In order to convict someone of driving on a revoked license, authorities must prove the person was driving on a highway, according to Bertani. Additionally, Bertani said she does not believe that her client's e-bike qualifies as a motor vehicle.

"This was a guy who was trying to get to work," Bertani told Patch. "He knows he can't drive a car. It wasn't like he was out at 2 in the morning partying. I think it was a wrongful forfeiture, and I would hope that this is not part of a greater pattern."

While Shields is thrilled to be reunited with his e-bike after nearly six months of separation, Bertani said her legal representation is not finished, yet.

On the criminal side, Shields is still set for a trial on Dec. 18 in Will County Courtroom 304 of Judge Donald DeWilkins for his misdemeanor offense of driving while license revoked.

"My hope and belief is that we will succeed in that litigation as well," Bertani declared.