Posts Tagged CFD Deputy Commissioner McNicolas resigns after crash

CFD Deputy Commissioner McNicolas resigns after crash (more)

Jan 21

Posted by Admin in Fire Department News | Comments off

Six Chicago police officers have been given suspensions for giving favorable treatment to a high-ranking Chicago Fire Department official who was allegedly driving drunk when he crashed his city-issued vehicle off North Lake Shore Drive last April, according to a source with knowledge of the incident.

The officers, including three supervisors, were suspended by police Superintendent Eddie Johnson for improper processing and reporting procedures for mishandling the crash involving then-Deputy Fire Commissioner John McNicholas.

Word of the suspensions come about a week after the U.S. Justice Department issued a scathing report that criticized Chicago police for, among other things, of failing to hold officers accountable for wrongdoing.

The suspensions for the six officers ranged from five to 20 days without pay, but four of the officers are appealing their suspensions.

The crash took place a little before 1 a.m. on April 20 on LaSalle Street just west of Lake Shore Drive while McNicholas was off-duty. McNicholas had a blood-alcohol content of 0.154 percent — nearly twice the legal limit of 0.08 percent, according to city records obtained by the Tribune under the Illinois Freedom of Information Act.

But internal investigators with the Fire Department didn’t conduct the Breathalyzer test until 4:32 a.m., more than three hours after the crash, the records show.

Initially, police only issued a traffic ticket to McNicholas for failing to reduce speed. But in June, he was ticketed for driving under the influence of alcohol after the Cook County state’s attorney’s office declined to charge McNicholas with a felony.

McNicholas resigned from the Fire Department after the incident.

thanks Dan

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CFD Deputy Commissioner McNicolas resigns after crash (more)

Jun 29

Posted by Admin in Fire Department News | 1 Comment

Excerpts from the ChicagoSunTimes.com:

The Chicago Police Department’s Internal Affairs Division is investigating whether the third-highest ranking member of the Chicago Fire Department received favored treatment after crashing his city-owned SUV near Lake Shore Drive in Lincoln Park.

Sally Daly, a spokeswoman for the Cook County state’s attorney’s office, disclosed the existence of an Internal Affairs Division investigation after revealing that former Deputy Fire Commissioner John McNicholas would not be charged with DUI — even though he had a blood-alcohol level nearly twice the legal limit nearly four hours after the April 20 crash.

The breathalyzer was administered by the Chicago Fire Department’s Internal Affairs Bureau. Chicago Police officers were on the scene of the crash for about two hours but never administered a field sobriety test.

Unlike Illinois State Police officers, Chicago Police officers do not carry breathalyzers in their squad cars. If a breathalyzer is administered, it has to be done at the district station. That was not done in McNicholas’ case.

“We reviewed the case based upon the referral from the Chicago Police Department, and the facts of the incident do not meet the legal elements of a felony DUI [prior convictions, great bodily harm that occurred in the incident],” Daly wrote in an email to the Chicago Sun-Times.

“We informed CPD of this [Monday]. It is within their discretion to charge the defendant with a misdemeanor DUI. As for allegations that he received favored treatment, we have been advised that CPD’s internal affairs unit is investigating these allegations. We have not yet heard from IAD as to whether they believe there is evidence based upon that investigation to review for any potential criminal charges.”

Chicago Police Department spokesman Anthony Guglielmi had no immediate comment about the Internal Affairs investigation. Nor would he say whether McNicholas would be charged with misdemeanor DUI.

McNicholas was ticketed for negligent driving.

Excerpts from the ChicagoSunTimes.com:

The Chicago Police Department agreed Wednesday to charge the former third-ranking member of the Chicago Fire Department with misdemeanor DUI for crashing his city-owned SUV with a blood alcohol level nearly twice the legal limit.

Police spokesman Anthony Guglielmi disclosed the belated charges against former Deputy Fire Commissioner John McNicholas one day after the Cook County State’s Attorney declined to charge McNicholas with felony DUI.

The state’s attorney’s office concluded that the April 20 accident did not meet the legal elements of a felony DUI … but it was within the police department’s discretion to charge McNicholas with misdemeanor DUI.

On Wednesday, the police department did just that.

“The Major Accidents section reviewed the findings and they decided to go ahead and charge misdemeanor DUI based on evidence discovered, including a blood alcohol level obtained by the fire department’s Internal Affairs Division,” Guglielmi said.

Guglielmi also disclosed that an investigation by the police department’s Internal Affairs Division aimed at determining whether McNicholas received favored treatment is nearing completion.

Police Supt. Eddie Johnson will be briefed on the findings in a week or two, the spokesman said. If there is evidence that police officers or firefighters who responded to the scene of the accident treated McNicholas any differently than they would have treated a private citizen, they will be disciplined.

“It could be anything from a one-to-two-day suspension all the way up. It just depends if they find any evidence that the incident was handled inappropriately,” Guglielmi said.

McNicholas resigned after the accident. His annual pension of $100,501 was approved on June 15 by the Chicago Firemen’s Annuity and Benefit Fund. His pension is based upon 75 percent of his final average salary. McNicholas served more than 36 years with the department.

thanks Dan & Dennis

Previous posts on this incident can be found HERE

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CFD Deputy Commissioner McNicolas resigns after crash (more)

May 26

Posted by Admin in Fire Department News | 5 Comments

Excerpts from the ChicagoTribune.com:

The blood alcohol level of a high-ranking Chicago Fire Department official was still nearly twice the legal limit almost four hours after he crashed a department-issued SUV last month off Lake Shore Drive, according to city records.

The documents obtained by the Tribune under the Illinois Freedom of Information Act show that internal investigators with the fire department didn’t administer the Breathalyzer test to then-Deputy Commissioner John McNicholas until 4:32 a.m. April 20. The crash took place a little before 1 a.m. that day, while McNicholas was off-duty. He had a blood alcohol content of 0.154 percent — nearly twice the legal limit of 0.08 percent, according to city records.

It was unclear why the fire department didn’t test McNicholas until nearly four hours after the crash or why Chicago police did not perform a Breathalyzer test and instead issued only a ticket for negligent driving. Anthony Guglielmi, chief spokesman for the Chicago Police Department, said Wednesday that the department is continuing to investigate the circumstances surrounding the crash.

“Detectives have met with prosecutors and presented their investigation,” Guglielmi said in an email. “Additional follow-up items have been requested by (prosecutors) and those are being completed. The case remains open and active.”

McNicholas resigned from the fire department shortly after the incident.

thanks Dan

CFD Deputy Commissioner McNicolas resigns after crash (more)

Apr 24

Posted by Admin in Fire Department News | Comments off

Excerpts from the ChicagoSunTimes.com:

The Chicago Police Department struggled Friday to explain why the third-highest ranking member of the Chicago Fire Department was neither tested for alcohol in his system nor charged with drunken driving after crashing his city-owned SUV this week near Lake Shore Drive in Lincoln Park.

The Chicago Fire Department concluded that John McNicholas was under the influence of alcohol at the time of the accident. But the breathalyzer test was administered hours after the crash happened, at fire department headquarters at 35th and State, by the Chicago Fire Department’s Internal Affairs Bureau.

Chicago Police officers were on the scene of the accident on LaSalle Drive just off Lake Shore Drive for up to two hours but never administered a field sobriety test or breathalyzer test, sources said. Four squad cars were dispatched to the scene and were there from 30 minutes to two hours.

The failure to administer those tests raises questions about whether McNicholas was given preferential treatment by police and comes at a time when the Chicago Police Department is working to restore its battered image and trust with the public.

Unlike Illinois State Police, Chicago Police officers do not carry breathalyzers in their squad cars. If a breathalyzer is administered, it has to be done at the district station. That was not done in McNicholas’ case.

Both tests were important, but there are two different standards.

The fire department has as close to a zero-tolerance policy as it can get. Any department member whose blood-alcohol level exceeds .02 — which is possible after just one or two cocktails — is considered under the influence of alcohol.

That’s why McNicholas, who resigned as deputy commissioner Wednesday, agreed to a full separation from the Chicago Fire Department after taking the test that is mandatory after all accidents involving fire department vehicles.

The state standard for charging a motorist with DUI is .08. Since police officers on the scene never tested McNicholas for that standard, he is not expected to be charged with DUI.

On Friday, Chicago Police Department spokesman Anthony Guglielmi insisted that the police investigation of the accident involving McNicholas was still open and that police were conferring with prosecutors about possible charges. So far, McNicholas has been ticketed only for negligent driving. He would not confirm that police officers who were on the scene of the accident failed to administer tests to McNicholas — much less explain why.

If officers gave McNicholas a pass, “I can assure you that, if that is the case, they’ll be in trouble.”

Instead of calling 911 and having the conversation recorded, sources said McNicholas called a “black phone” at the 911 center that is not recorded. The call taker noticed immediately that the deputy commissioner sounded as if he had been drinking and followed protocol by dispatching a battalion chief and deputy district chief along with police officers. As for its part of the investigation, the Chicago Fire Department appears to have handled the investigation by the book.

McNicholas did not return to his career service rank of battalion chief. Nor was he eligible for the last-chance policy included in the firefighters’ contract that allows members with drug or alcohol problems to keep their jobs if they submit to and pass random drug and alcohol testing over a one-year period.

thanks Dan

CFD Deputy Commissioner McNicolas resigns after crash (more)

Apr 22

Posted by Admin in Fire Department News | 4 Comments

Excerpts from the ChicagoSunTimes.com:

The third-highest ranking member of the Chicago Fire Department has resigned after failing a Breathalyzer test, but questions linger about why he has not been charged with driving under the influence.

Chicago Fire Department officials on Thursday night released a statement confirming that CFD Deputy Commissioner John McNicholas failed a sobriety test after a crash early Wednesday.

“The investigation thus far has found that McNicholas was operating his city vehicle outside of department policy, and that following a mandatory breathalyzer test that morning, McNicholas was driving under the influence of alcohol,” CFD spokesman Larry Langford said in a statement. “Yesterday, McNicholas opted to resign his position as Deputy Fire Commissioner and has since agreed to full separation from the fire department.”

Langford confirmed McNicholas also was issued a citation from police for negligent driving.

But sources tell the Chicago Sun-Times that McNicholas is unlikely to be charged with driving under the influence because the test was not administered by police responding to the crash. McNicholas was instead administered the test by the internal affairs division of the fire department … and police are not allowed to use a fire department test because it is measured on a different standard.

Chicago Police spokesman Anthony Guglielmi on Thursday confirmed that McNicholas was ticketed for negligent driving, but he said the investigation remains open. He did not comment on whether police administered the field sobriety test and said he could not comment on any pending charges.

Police said initially that no citations or charges had been issued just after the crash, but police and fire officials were conducting a joint and active investigation.

McNicholas tendered his resignation to department Commissioner Jose A. Santiago on Wednesday and is “fully cooperative with the Internal Affairs Division,” Langford said.

According to the fire department’s last chance policy, which is in their contract, anyone caught for an alcohol or drug offense can be placed on a type of probation where they are tested randomly for alcohol or drugs for a year. If they test negative during that period, their probation is lifted.

McNicholas will not be given that opportunity, sources said. But McNicholas will still receive a pension for his 36-year career with the fire department.

thanks Dan

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CFD Deputy Commissioner McNicolas resigns after crash

Apr 20

Posted by Admin in Fire Department News | 2 Comments

Excerpts from WGNTV.com:

The deputy commissioner of the Chicago Fire Dept has resigned after he was involved in a car crash early this morning.

John McNicholas was in a department vehicle when it crashed near Lakeshore Drive and North Ave, according to the Chicago Fire Dept.

The department spokesperson said in a statement “The Deputy Commissioner has been fully cooperative with the Internal Affairs Division of the department. The investigation has thus far found that McNicholas was operating his city vehicle outside of department policy.”

Photos of the accident obtained by WGN News shows the Ford Explorer with severe front-end damage and the airbag deployed. The vehicle is said to be a total loss.

Police say McNicholas was behind the wheel. They say McNicholas was cut off by another motorist, swerved trying to avoid an accident and crashed into a utility pole. In a statement, police say no one was injured and that no citations were issued.

McNicholas handed in his letter of resignation this afternoon.

The investigation is ongoing, the department says.

Excerpts from the ChicagoSunTimes.com:

The third-highest ranking member of the Chicago Fire Department resigned Wednesday after crashing a city-owned vehicle near Lake Shore Drive in Lincoln Park.

John McNicholas, who ran the Bureau of Operations, was involved in a crash off Lake Shore Drive near North Avenue early Wednesday, according to an emailed statement from Chicago Fire Department spokesman Larry Langford.

He was driving a CFD vehicle westbound on La Salle Drive just off Lake Shore at 12:50 a.m. when another vehicle cut him off, according to Chicago Police.

The CFD vehicle swerved to avoid a collision, went over a curb and struck a utility pole, police said. No one was hurt.

No citations or charges have been issued, but police and fire officials are conducting “a joint open and active investigation,” police said.

McNicholas tendered his resignation to department Commissioner Jose A. Santiago Wednesday and is “fully cooperative with the Internal Affairs Division,” according to Langford.

Chicago Deputy Fire Commissioner resigns after crash

The city-owned vehicle that was driven by former Deputy Fire Commissioner John McNicholas at the time of a crash on Lake Shore Drive early Wednesday. | Provided photo

Excerpts from CBSChicago.com:

One of Chicago’s top firefighters has resigned after a crash that sources say may have involved alcohol.

Deputy Fire Commissioner John McNicholas may have been drinking before he crashed his city issued SUV early Wednesday morning, yet no tickets were issued. McNicholas was in charge of operations, the third highest in command. He also handled discipline.

Sources say he was on Lake Shore Drive and hit a pole tree and say any employee in such an accident in a city vehicle should be tested immediately.

CBS 2 has been told there were special exemptions given and there was a delay of several hours and he still tested over the legal limit.

CFD Capt. Carmelita Wiley-Earls said, “Here we go once again, a professional courtesy given to a brother firefighter…If anyone was driving drunk then they would have been arrested.”

Wednesday evening, fire department spokesman Larry Langford said in a statement, “Chicago Fire Department Deputy Commissioner John McNicholas was involved in a traffic accident in the early hours of April 20, 2016 near Lakeshore Drive and North Avenue in a department vehicle. The deputy commissioner has been fully cooperative with the Internal Affairs Division of the department. The investigation has thus far found that McNicholas was operating his city vehicle outside of department policy. Late this afternoon McNicholas tendered a letter to Fire Commissioner Santiago resigning his position as deputy fire commissioner for operations effective today. The investigation is ongoing.”

It is not clear if he only resigned his position as deputy fire commissioner or if he resigned from the department.

The Chicago Police Department says it is conducting a joint investigation with the Chicago Fire Department into the specifics of the accident.