Video: Joliet Police Taser Use Leads To Latest Federal Lawsuit

JOLIET — In the aftermath of last month's Illinois Attorney General Office report investigating the Joliet Police Department's history of discriminating against Black citizens and improperly using excessive force, some of Joliet's top officials reacted dismissively toward the report.

“This is not the Joliet Police Department of today, but rather a picture of the past ... In reading the report, we respectfully disagree with some of the conclusions drawn from their investigation," Joliet Police Bill Evans remarked in a statement issued by Joliet's City Hall. "Some of the evidence cited dates back to 2017, nearly a decade ago, and does not reflect how we operate today."

"This is a new day in Joliet, and we are making significant changes in how we work together to serve our residents ... We will continue to move forward and leave this chapter of city operations in the past," Mayor Terry D'Arcy announced in that same press release.

As it stands, Joliet is starting off 2025 responding to a federal lawsuit filed by Jason Heath, a Black Joliet resident who was Tasered inside his upstairs hallway by Joliet police officer Jack Desiderio, even though Heath had not attacked Officer Desiderio or fellow officer Jennifer Gruber, or anyone inside his house, during the overnight hours of Oct. 29, 2023.

Not only did Heath fall to his floor after being hit with a Taser inside his home, the Joliet police department booked him into the Will County Jail, charging Heath with resisting arrest and aggravated battery to a police officer.

After two days in jail, the 43-year-old Heath took on the Joliet police force, and he prevailed with a victory at his September 2024 bench trial in front of Will County Judge Vincent Cornelius.

The judge found him not guilty of both criminal charges. Then, late last year, Heath retained Chicago attorney Ian Barney, who has beat the city of Joliet in a 2022 civil rights excessive force lawsuit against Joliet police officer Nick Crowley, that ultimately cost Joliet's taxpayers more than $220,000, a Joliet Patch analysis found.

Now, Barney has sued officers Jack Desiderio and Jennifer Gruber. The Joliet police officers are accused of false arrest, false imprisonment, battery, malicious prosecution and excessive force.

"The charges against Jason were predicated on false and fictitious statements made by Defendant Officers Gruber and Desiderio in police reports and to fellow Joliet Police Officers and county prosecutors," Barney asserted in his federal lawsuit.

In last month's report by the Illinois Attorney General, page 28 noted, "Taser use is part of JPD’s pattern of unlawful force ... JPD officers unlawfully use tasers to gain compliance. In some cases, active resistance or an imminent threat can make the use of tasers proportionate if taser deployment is reasonably necessary to arrest the person. In others cases, however, officers use tasers solely to gain compliance without a commensurate threat or where this level of force is not warranted. For example, officers use tasers in incidents that arise from non-violent offenses such as driving without a license and crossing the street unsafely. Officers also use tasers on people lying on the ground demonstrating only low-level resistance, often because the person would not submit to handcuffs—not because they posed an immediate danger."

Lawsuit Defendant Jack Desiderio's Police Report

The police report from Officer Jack Desiderio noted that he responded to the 1500 block of Baltz Court for a domestic battery report, and as he drove to the Joliet police call, he heard fellow Officer Jennifer Gruber on two different instances "asking me to step it up and sounded in distress. Upon arrival, I found Officer Gruber and ... Jason Heath in the upstairs hallway, with half of his body tucked behind the bedroom entryway. From this position I was unable to see Heath’s left hand. Officer Gruber advised that she did not know if Heath is armed and that he is not listening to commands.

"I observed Officer Gruber command Heath to show us his hands, and he refused multiple times. I commanded Heath to show me his hands and he refused. I was concerned that Heath would retreat into the bedroom, and barricade himself or that he may be armed. I deployed one cartridge from my Taser and both probes were effective. Heath was taken into custody without further incident. Heath refused medical attention ..."

Lawsuit Defendant Jennifer Gruber's Report

Here are the key details contained in Officer Jennifer Gruber's written report regarding the arrest of Heath inside his home:

"I approached the stairs and was bumped from behind by (name redacted) who had rushed into the residence and was attempting to get past me to go up the stairs. I initially thought it was Officer Desiderio who had not arrived on scene yet. (Name redacted) then came part way down the stairs and stated (name redacted) was her friend whom she had called to come over ... Jason and (name redacted) continued to argue amongst themselves and Jason appeared to become more agitated. I asked multiple times what had happened and as they continued to argue. We were all upstairs in a narrow hallway at this point and Jason chest bumped me with his chest pushing me into a wall while trying to get past me to get at (name redacted).

"I pushed him away from me and unholstered my taser and had it at low ready. I did not activate my taser. I asked radio to have other units step it up as Jason was not following orders and kept trying to walk back into the bedroom at the end of the hallway. Officer Desiderio arrived on scene.

"I ordered Jason multiple times to place his hands on the hallway wall. He stood in the bedroom door and was partially concealed. He had his left arm out of sight and in the bedroom and moved partially into the bedroom. He put his right hand on the door frame and was arguing that his hand was on the wall. He continued to disobey orders and Officer Desiderio deployed his taser. Jason fell backwards onto the wall and Officer Desiderio handcuffed him without any struggle. Jason was not injured."

2023 Taser Incidents Draw Attorney General's Rebuke

Evans has been Joliet police chief since March 2022.

The Attorney General's Office 158-page report from December drew attention to multiple taser incidents during his tenure as chief. Page 29 cited one 2023 incident when unnamed Joliet police officers stopped a car at a gas station for an expired registration.

According to the AG's review:

"The officers spotted what they believed to be narcotics, and one officer shouted that he would “break [the] motherf***ing jaw” of the black driver if he did not exit the car. The officers attempted to pull the driver out by his wrists, but he did not comply. When the officers let go, the man sat still with his hands up, repeatedly asking why he was being arrested. An officer discharged a taser at the man’s bare chest. Moments later, while the man’s hands were still raised, the officer tased him again. The officers dragged the man out of the car to the ground.

"While the driver sat motionless and while two officers tried to put his hands behind his back, the officer tased him a third time. After 20 seconds, while officers held the man on the ground, the officer tased him a fourth time. The total length of taser deployment across all uses exceeded the 15-second maximum that the manufacturer recommends for safe use in the absence of a reasonably perceived immediate threat. These repeated deployments were unreasonable: the man was not suspected of a violent offense, and at the time he was tased, he was not posing a threat or attempting to flee. Yet the reviewing supervisor found the force justified and the force review panel did not raise any concerns."

Related Joliet Patch Coverage:

• Attorney Who Defeated Joliet Police In 2022 Trial Files New Lawsuit
• Joliet Police Department Has Long Pattern Of Excessive Force: Attorney General
• People Of Color Treated Differently At Joliet Police Traffic Stops: Attorney General
• Joliet Police Used Excessive Force At Mexican Independence Day: AG
• Joliet Police Can No Longer Deny Long History Of Misconduct: Wooten