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Alderman headed to trial in alleged retail run-in


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By Kristen Zambo, kzambo@mysuburbanlife.com
Berwyn Life

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Berwyn, IL -

A shopping trip to a west suburban Wal-Mart has landed a Berwyn alderman in local ordinance court after store security suspected him of shoplifting.

Alderman Michael J. Phelan, 6th Ward, received a local ordinance citation on two counts of disorderly conduct on July 27 after he reportedly refused to show a store security guard his receipt before leaving the building, and scuffled with store security staff, according to a Forest Park Police incident report.

Forest Park police received a report of a disturbance at about 1:15 p.m. at the store, 1300 Des Plaines Ave. According to the report, security guard Louis Jones was working the door checking receipts as customers were leaving Wal-Mart. When Jones asked to see Phelan’s receipt for proof that he purchased the items in his shopping cart, Phelan refused, the police report said.

“Phelan then crumpled the receipt into his hand refusing to show it, now causing a scene by loudly questioning store policy,” according to the report.

Jones, who also works as a police officer, didn’t know whether the items in the cart were purchased because Phelan refused to show him the receipt, the report said. Jones said he was a police officer, reportedly blocked Phelan’s path and pushed his shopping cart to the side because he feared that a retail theft may be in progress, the police report said.

“Phelan was getting out of control,” Jones told police, and he tried to handcuff him. After putting the first cuff on, “Phelan resisted to the point of having to be taken to the ground to complete the handcuffing,” according to police reports. During the scuffle, Jones cut two fingers.

Administrative law judge Perry Gulbrandsen, a retired Cook County judge, on Wednesday set Phelan’s trial for 3 p.m. Dec. 3 at Forest Park Village Hall, 517 Des Plaines Ave. He scheduled a status hearing for 6 p.m. Nov. 5, also in Village Hall. He said Phelan and his attorney need not attend the status hearing.

Phelan’s attorney, Matthew B. Karchmar, declined comment Wednesday night after the hearing.

Phelan, 39, and a member of the North Berwyn Park District board, also declined comment after the hearing. Karchmar said he would be answering questions on behalf of Phelan, and that he could not comment until Thursday afternoon.

During the hearing, Forest Park Village Prosecutor Sharon O’Shea said Karchmar wanted a subpoena for Wal-Mart’s store security tapes from July 27, and an unredacted copy of the police report. Karchmar asked for copies of the videos taken at the front door and at the rear of the store.

Phelan told Forest Park police that he did show Jones his receipt, but refused to hand it over for inspection “feeling this was some violation of his rights,” according to the police report. He demanded to see the store policy and when he was refused, he reportedly questioned why he was being stopped, police reports said.

“Phelan states he was slammed to the floor for no reason and then hauled back to the security office in handcuffs,” police reports said.

Phelan received an oval-shaped cut to his left wrist, slightly smaller than a dime, according to the police report.

An assistant store manager checked Phelan’s receipt, confirming that all items were purchased.

She replaced the perishable items in his cart, such as ice cream, at Phelan’s request, the report said.

An officer told Phelan that Wal-Mart wanted an order barring him from trespassing on the property, and he would be arrested for trespassing if he returned to the store, according to police reports.

Loss Prevention Agent Jermaine Simpson told police he recognized Phelan “as somebody who had given patrons and employees a hard time in the past, being rude and making racist remarks,” police reports said. Simpson said Forest Park police have been called to that Wal-Mart previously “for Mr. Phelan’s behavior, but (he) has always been able to leave the store prior to (police officers') arrival,” the report said.

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