Officers testify in trial of man claiming discrimination

By BRIAN STANLEY bstanley@scn1.com JOLIET — The trial of a Sikh who claims he was beaten by a Joliet police officer during an arrest two years ago began Monday. Kuldip Nag, 51, is facing charges of aggravated battery to a police officer and obstructing a police officer in a bench trial before Judge Edward Burmila. On March 30, 2007, Joliet officer Ben Grant was sent to 3574 Buck Ave. to place a tow notice sticker on a derelict van parked on Nag’s driveway. Police said Nag became upset and pushed Grant. The Sikh American Legal Defense and Education Fund (SALDEF) alleged the officer used his baton to strike Nag’s head while he yelled racist comments and threats. An internal investigation later cleared Grant, who was the first witness to testify Monday. “I walked up to the van and saw the registration sticker was expired and the license plate did not match (police records),” he told Assistant Will County State’s Attorney Sara Shutts. Grant said he explained why he was there when Vera Nag came out of the house and again when her husband came out a short time later. “He appeared to be angry and said I didn’t have the right to be on his property,” he said. Grant testified when he walked back to the van after getting a sticker from his squad car, Nag pushed his arm away. “I went to get his hand behind his back and told him he was under arrest. He was pulling his arm in the opposite direction,” Grant said. Grant said Nag resisted when he tried to both push him to the ground and swing his knee into Nag’s leg as they struggled onto the front lawn. Grant sprayed Nag with pepper spray and attempted another takedown maneuver. Once the combatants were on the ground, Grant used his baton to strike Nag’s right bicep two times, he said. “I still couldn’t get his arms (pinned), so I stayed on top of him until he was tired and put him in handcuffs,” Grant said. SALDEF contends Grant was yelling “You (expletive) Arab! You (expletive) immigrant. Go back to your (expletive) country before I kill you.” Shutts played a recording from the dispatch center that seems to corroborate Grant’s testimony. He was using his radio to call for backup during the struggle. Nag’s attorney Eric Mitchell did not refer to SALDEF’s allegations during his cross-examination. In his opening statement, Mitchell said Nag wasn’t resisting arrest but was trying to cover his head as Grant struck him with the baton. “He suffered serious head injuries and spent three days in the hospital … (Nag) was keeping his arms up out of necessity,” Mitchell said. Suspects condition Officer Amy Chochola brought Nag to the police station for booking. She testified the suspect walked to the squad car and into the holding area of the station without difficulty, but he complained during the ride that he couldn’t sit comfortably and didn’t understand why he had been arrested. Nag also reportedly refused to allow Chochola to wash the remaining pepper spray from his face. “He said he was ‘schizophrenic and afraid of water,'” she said. Nag became ill while he sat in the booking area and was later taken to Silver Cross Hospital. Mitchell noted Chochola’s police report does not mention Nag seemed agitated during the ride in her squad car. Neighbors testify The other two witnesses who testified Monday were Matt Jurewicz and Terry Ogenae, who both reside on Buck Avenue. Jurewicz said he was driving past when he saw Nag struggling with a police officer. “The officer was trying to take him down to the ground with (his) hands and Mr. Nag was trying to get up and move away,” he said. Ongenae said he’d been in his garage when he heard “hollering” and looked over his fence to see a police officer helping a handcuffed Nag to his feet. Neither man was cross-examined. The trial will continue Thursday.