A Chicago man is accused of stealing a city ambulance and leading police on a 70-mile chase through several counties. But records obtained by NBC 5 Investigates show that neither the city nor Cook County is pressing charges for the theft - leaving only charges in Grundy County.
Newly obtained video shows the very beginning of a police pursuit after the Chicago Fire Department ambulance was stolen from outside the Chinatown firehouse on April 25. The dashcam video shows a squad car first spotting the vehicle at 5:06 p.m. on I-55, 22 minutes after it was stolen off the street.
After a prolonged pursuit, authorities said 45-year-old Chicago attorney Benjamin Herrington was eventually arrested near Dwight in Livingston County. He was taken to a hospital in Morris, which is how the case ended up on the desk of Grundy County State’s Attorney Jason Helland.
"What he’s charged with is the possession from this county line to that county line, even though it originated somewhere else and ended somewhere else," Helland said.
Herrington was charged with felony possession of a stolen motor vehicle and damage to government property. He has pleaded not guilty, was released on bond earlier this month and is slated to go to trial in October.
Through an open records request, NBC 5 Investigates obtained the Chicago police report filed when investigators closed the case on May 6. It reveals that the damages to the ambulance required repairs totaling $7,833.44 - and that "no additional charges would be sought in Cook County."
The reason? "Grundy County's intent to charge in their jurisdiction and Herrington's possible mental health concerns," the report reads. The Cook County State's Attorney's Office said CPD never referred the matter for charging.
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"One of the criticisms I had was, 'How does a Chicago ambulance that was stolen in Cook County end up being at the cost of the Grundy County taxpayers?' That was a legitimate concern," Helland said, adding that his answer to the questions he's faced is: "When an offender puts Grundy County at risk, we’re not going to ask for another jurisdiction to successfully prosecute the case."
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"I’ve always told my prosecutors, don’t rely on other prosecutors in other counties not under our direction to do the right thing," he added. "We don’t know the strengths and weaknesses of their cases, but if they’re committing criminal acts in Grundy County, they need to be held accountable."
Helland said that multi-jurisdictional cases often present a challenge – but if a situation like this happened in reverse, he wouldn’t hesitate.
"If somebody stole an ambulance on video tape in Grundy County, I would prosecute 100% of the time," he said.
As for mental health concerns being a reason Chicago police didn’t pursue charges, Helland estimated that 75 to 80% of his office’s cases are tied in some way to substance abuse or mental health problems. And without a robust and accessible system in place to treat those issues, the responsibility often falls to the criminal justice system.
"I’ve never declined to prosecute a case based on mental health concerns," he said, calling the lack of mental health resources in his area "astounding."
"Mental health considerations are factored into account ultimately when we have a disposition on a case," Helland continued. "We want to make sure that once there’s a finding of guilty or a plea of guilty, that there’s a constructive sentence that, if an individual commits an offense based on a mental issue, that they have the proper rehabilitation and get the proper treatment."
"You don’t go to law school and get a medical degree," he added. "We are lawyers and it's for the medical professionals to evaluate somebody for what exactly presented themselves to the criminal justice system."
CPD declined to explain in any further detail why they closed the case without making their own arrest.
