The appeal process can be a long, drawn-out affair. However, in some cases this turtle’s pace is morphed into tectonic-plate-like slowness, with no measurable results to see with the naked eye. For some unlucky victims, justice is never dealt. For others, it just happens to take a decade or more. 10 years ago two off-duty Chicago police officers, dressed in plain clothes, and two friends of theirs allegedly pulled a gun on an unarmed man, named Obed DeLeon, then beat him to to the ground of the fast food establishment in which the brawl took place.
The fight occurred in the early morning, yet surprisingly busy, hours of Taco Burrito King, as surveillance tape shows on NY Daily News. The argument rapidly became violent after DeLeon entered the restaurant complaining about the terrible parking job of one of the patrons, according to witnesses. He asked which “a-hole” was responsible for the careless parking job. Jason Orsa, one of the off duty officers, allegedly replied, “What if I’m the a-hole?” to which DeLeon countered, “Then stop being an a--hole, and move your car." At that, it is claimed that Orsa pulled out a gun, pointed at DeLeon’s face, and he and the other three at his table, including
Brian Murphy, who is the other officer that is facing termination, got up and allegedly proceeded to beat DeLeon with hands and then feet as Deleon was knocked to the ground. "It happened so fast. People were just jumping on my back, kicking me," DeLeon later said at a 2006 hearing. Other patrons called 911, reporting that there was “a white man with a gun.” When the responding officers arrived, they not only let Orsa, Murphey, and their two friends leave through a back door but arrested DeLeon and two witnesses who were willing to testify on his behalf. Now, 10 years after the incident, Murphey and Orsa will be fired, depending on their decision to appeal with the Supreme Court, which they have 30 days time to do so, according to Illinois Courts.
2016 Firing is the Second Firing After the First was Appealed Back in 2012
While it seems like justice has finally been served, as Murphey and Orsa face employment termination, it may seem like an empty threat to DeLeon, who saw the two cops lose their jobs back in 2010 only to be rehired in 2012 when Judge Kathleen M. Pantle overturned the original ruling, stating that “All you have to do is look at him [DeLeon] and know he's a gang member. Anybody looking at the videotape knows that as soon as he walks in the door," in reference to the 2006 surveillance camera tape.
Not only did she reinstate their positions, but ordered back pay. The 2016 appeal of Pantle’s ruling, however, stated that the fact that the officer Murphey drew his gun, unprovoked, was grounds along for firing. But, will this 2016 position stick this time around? The appeal process is incredibly complex. If you need help in you decision to appeal, or have had your civil rights violated, contact Barney and Hourihane today at 312-854-0906.