In Sangamon County, Grayson wasn’t the only deputy hired with a DUI on his record

[October 01, 2024]  By Beth Hundsdorfer

Sangamon County Sheriff Jack Campbell came under fire for his hiring practices after he employed a deputy with two DUI convictions, who is now accused of the murder of an unarmed black woman in her kitchen. But it wasn’t the first time he chose to hire someone accused of drunk driving and repeated misconduct.

In April, Campbell hired 23-year-old Luke Hildebrand, who only weeks before had pleaded guilty to driving under the influence after a single car crash that left Hildebrand injured and trapped. An investigation would reveal there was a loaded Glock pistol inside the crashed pickup and that hours later his blood alcohol level still registered at 0.284 – more than three times the legal limit.

Hildebrand, who did not respond to a request for an interview, was considered a “lateral hire,” meaning that because he was already a working police officer for Sherman Police Department his employment was not reviewed by the Sangamon County Sheriff’s Deputy Merit Commission. The commission is a three-member board whose members are recommended by the sheriff and approved by the county board.

Hildebrand’s hiring should have been contingent upon a background check, as well as psychological and drug testing, said Merit Commission member Tim Timoney.

Capitol News Illinois obtained Hildebrand’s personnel file from the Sherman Police Department under the Freedom of Information Act, which included multiple examples of misconduct.

The background check should have uncovered that while working at Sherman, Hildebrand failed to show up for assignments, was repeatedly late for work, wrote incomplete reports, scored poorly during his police training, skipped curfew at the police academy then went drinking at a Metro East strip club, and fired his department-issued Taser at a friend’s birthday party, according to Hildebrand’s Sherman Police Department personnel file.

But whether Sangamon County Sheriff’s Office ever conducted a background check is unclear. A Freedom of Information Act request filed by Capitol News Illinois for personnel files from Sangamon County included a memo from Chief Deputy Anthony Mayfield regarding Hildebrand’s background check – dated days after that original request – stating the background investigation was lost.

“So, the background process was repeated to create documentation,” the Mayfield memo stated.

Because the file obtained by Capitol News Illinois was recreated after the date it was requested, it is unclear what documents Campbell had access to at the time of Hildebrand’s hiring. Campbell did not provide answers to the written questions.

Even if Campbell had that information, he could have hired Hildebrand. State law allows sheriffs to give any applicant the power to enforce the law, including making arrests and carrying a badge and weapon, if they are more than 21 years old, pass a written test and free from a felony or disqualifying misdemeanor conviction.

Chris Burbank, a retired Salt Lake City, Utah, police chief and expert in police hiring and retention, said the failure to have background information that could impact a hire is the “failure to take a basic step.”

“It’s our duty and responsibility to make sure that a candidate meets the high standard of police officers,” Burbank said.

Sean Grayson, like Hildebrand, was a lateral hire, meaning he worked in law enforcement before. In fact, Grayson had worked for six agencies in four years. Grayson also had two DUI convictions. Before Grayson was hired by Sangamon County, he worked for neighboring Logan County. His one-year stint there was rocky, punctuated by discipline for insubordination, failure to follow orders, and poor and inaccurate report writing.

“Seven months on. How are you still employed by us?” asked Chief Deputy Nathan Miller during a nearly two-hour recorded meeting to discuss Grayson’s job performance.

“I don’t know,” Grayson responded.

Five months after that conversation, Campbell hired Grayson.

Grayson faces first-degree murder charges after prosecutors said he shot Sonya Massey in the kitchen of her home after she called 911 to report a prowler in the early morning hours of July 6.

After Grayson was charged and news of his DUIs came to light, Campbell came under fire for his hiring practices, but he defended Grayson’s hiring during media interviews, saying that past DUIs are not disqualifying criteria and he recognized that individuals can “change and improve over time.”

Campbell was facing growing questions surrounding Grayson’s hiring, despite his DUI record. Gov. JB Pritzker, Lt. Gov. Juliana Stratton, Massey’s family and advocates called for Campbell’s resignation, but Campbell repeatedly and adamantly said he was staying.

In August, Campbell gave in. He announced his retirement, effective on Aug. 30.

Officer misconduct

The Illinois Law Enforcement Training and Standards Board can decertify a police officer if they are convicted of a felony and some specified misdemeanors, including “crimes of moral turpitude.” DUI is not on that list.

ILETSB does not run criminal checks on prospective police officers and sheriff’s deputies – that’s up to the hiring the agency. While ILETSB does have a Professional Conduct Database, law enforcement agencies can hire a candidate even if they are the subject of misconduct reports.

In 2022, the reporting requirements changed. All law enforcement agencies and Illinois State Police are now required to report any official misconduct, willful violation of agency policies, suspensions of 10 days or more, lying, or if the officer resigns or retires after learning they are under investigation. ILETSB received 306 professional conduct reports last year.

Though reports can also be made by the public, these misconduct reports are kept private by statute. The public can only see if an officer is certified, the officer’s identification number, and the law enforcement agencies where he has worked.

In 2023, ILETSB received 190 citizen complaints.

One of the architects of recent criminal justice reforms in Illinois, Sen. Robert Peters, D-Chicago, said he believes the conduct surrounding an officer’s DUI offense should be scrutinized to assess the officer’s judgment and whether they have taken any steps such as alcohol treatment or mental health counseling.

“This is definitely a conversation that we should be having,” Peters said.

Timoney, the Sangamon County merit board member, said he expects the county to make changes to its hiring process once a commission looking into the Massey shooting makes recommendations.

The DUI

On Jan. 14, 2023, Hildebrand left the Curve Inn in Springfield with friends, according to an Illinois State Police report. About an hour after closing time, emergency crews were trying to free the injured Hildebrand from his crumpled pick-up that hit a guard rail, then traveled down an embankment on Interstate 72 before becoming wedged against a tree.

Officers on the scene found the loaded pistol in the cab with Hildebrand.

The report also noted that Hildebrand was an off-duty Sherman police officer.

Hildebrand was taken to a Springfield hospital for treatment. The trooper noted in his report that Hildebrand’s level of intoxication was “obvious.”
 

The trooper ticketed Hildebrand for driving under the influence of alcohol and improper lane usage. The report noted that the trooper read Hildebrand a warning that stated his driving privileges would be suspended for three months.

But a review of Hildebrand’s driving record showed that his driving privileges were not suspended. The trooper, who was new, misunderstood the process when receiving blood test results, according to an Illinois State Police spokesperson, and failed to file the proper paperwork.

A Sangamon County Sheriff’s Office car is pictured outside of the county building in Springfield. (Capitol News Illinois photo by Jerry Nowicki)

The ISP spokesperson added there were “corrective measures” taken as a result.

Sherman Police Chief Craig Bangert didn’t fire Hildebrand, but he did impose discipline.

Five days after the crash, Bangert wrote a letter informing Hildebrand that he would be suspended for seven days. After that, to keep his job Hildebrand would have to go back on probation with the department for six months. He would not be allowed to drive any city vehicles and would be on desk duty until the court case was finished. He was also ordered to complete alcohol counseling.

Hildebrand pleaded guilty to DUI in Sangamon County Circuit Court on Sept. 22, 2023, in exchange for a sentence of court supervision.

Usually, a DUI conviction triggers a yearlong suspension of driving privileges, but that was not the case for Hildebrand. Again, his license remained unaffected.

Three months after that conviction, Hildebrand filed his resignation with the Sherman Police Department and applied for a job as a Sangamon County Sheriff’s deputy.

He was hired three months after that.

Chet Epperson, a former police chief in Rockford, said he would ask detailed questions about a candidate with a DUI, including the circumstances, the candidate’s overall alcohol use, and whether they received counseling or treatment.

Just a few months into his tenure at Sangamon County, prosecutors filed a motion to revoke Hildebrand’s court supervision and subject him to possible resentencing because Hildebrand failed to complete his alcohol education classes and victim impact classes.

Last month, a judge dismissed it. Timoney, the Sangamon County merit board member, also represented Hildebrand in his DUI case. He said it was a paperwork issue and Hildebrand had fulfilled the requirements of the plea.

Other issues

The trouble with Hildebrand began when he was in the academy.

Sherman Police Department internal records showed that Hildebrand wasn’t doing well nearly from the start.

“I would point out the emails I directed to you regarding your poor GPA during the initial weeks of the academy,” Sherman Chief Bangert wrote in a March 3, 2022, memo to Hildebrand.

Neither Bangert nor his chief deputy, Aaron Entringer, responded to a reporter’s request for comment.

Then, in late February 2022, he crashed a Sherman police car in a snowstorm.

On March 1, 2022, Bangert got a call from Southwestern Illinois College Police Academy Director Van Muschler letting him know there was more trouble from Hildebrand.

Hildebrand admitted that he left the academy lodging, breaking curfew, with two other police recruits and a waitress and went to a strip club where they were drinking.

“During this uncomfortable conversation with Director Van Muschler, it was disclosed that the misconduct all of which you related to me by phone, will cause you to be placed on academy probation for the remainder of your police training,” Bangert wrote in memo to Hildebrand.

Hildebrand was not yet a certified police officer when this occurred, but in May 2022, the then-22-year-old Hildebrand completed his training and officially joined the Sherman police department. But that didn’t stop the problems.

A little more than a week after he became a full-time Sherman officer, Hildebrand admitted he was off-duty when he let a friend fire his department-issued Taser at a birthday party. An attached Taser log showed Hildebrand’s Taser was fired three times in the early morning hours of June 1, 2022.

“This kind of actions and dishonesty will not happen again,” Hildebrand wrote in a response to notes from a disciplinary meeting.

But Hildebrand, who is a volunteer Sherman firefighter, did show that he could come through in an emergency.

On Aug. 20, 2022, a tree limb fell on five people, leaving them seriously injured. Entringer was helping a 4-year-old with a broken leg and a head injury when a second branch cracked, then came down. Hildebrand threw himself over the top of Entringer and the child to shield them.

“Officer Hildebrand’s actions to forsake his own personal safety, putting himself at risk to protect others in a critical situation is a testament to his professional abilities, personal initiative and dedication to duty,” stated a valor award included in his Sherman’s personnel file.

In May 2023, Hildebrand again was rebuked for tardiness and excessive absences.

Hildebrand promised to do better, to take his work more seriously.

In August 2023, Bangert again warned Hildebrand for poor report writing and failure to correct and complete reports and revisions in a timely manner.

Again, Hildebrand promised improvement.

In a written response, Hildebrand said he would “pay more attention to detail on reports.”

Less than a year later, Sangamon County’s recreated background check on Hildebrand included an unidentified interviewer’s notes from a reference call made to Entringer, the deputy chief in Sherman. The interviewer’s notes stated that Entringer relayed Hildebrand had no attendance issues and was well-liked.

In response to the question, “does the applicant have any known discipline?” the notes of Entringer’s interview stated only two words: “Yes, DUI.”

Another hire

Jakob Evans had no law enforcement experience when he joined the Sangamon County Sheriff’s Office as a court security officer in July 2021. A year later, he became a patrol deputy.

Unlike Grayson and Hildebrand, Evans, an Army veteran, needed to go through the Merit Commission as a “traditional” candidate. After passing the written test, those applying without previous law enforcement employment are placed on an eligibility list. A sheriff hires court security officers, jailers and deputies from that list and can choose prospective candidates based on their qualifications for the jobs available.

Evans, who could not be reached for comment, passed his test and was placed on the eligibility list for hire in August 2020.

Just a month before, Chatham police charged Evans with driving under the influence after he failed a field sobriety test. A breathalyzer showed his blood alcohol level at 0.177 – more than double the legal limit.

Less than a month after he was charged, a Sangamon County judge voided Evans’ license suspension and accepted his guilty plea to an amended charge of reckless driving.

Reports from the DUI were included in Evans’ background check. Hirings are contingent upon a background check, drug and psychological testing, Timoney said, and Campbell signed off on Evans’ hiring and eventual move to road deputy.

Hiring an inexperienced person with a recent DUI should really give a law enforcement agency pause, Burbank said. Agencies should be wary of lowering standards and expectations of officers, he said, because it impacts the agency’s overall image, making recruiting more difficult.

“It creates a tremendous liability for the agency and you really lower the bar on hiring,” he said.

Also, that neither Sangamon County deputy served a license suspension or substantive court penalty for their DUI and now enforce drinking and driving as well as other traffic laws smacks of inequity, Peters said.

“How do we expect people to put their trust and confidence in the authorities if they are held to a different standard than ordinary citizens?” Peters said.

Capitol News Illinois is a nonprofit, nonpartisan news service that distributes state government coverage to hundreds of news outlets statewide. It is funded primarily by the Illinois Press Foundation and the Robert R. McCormick Foundation.