Grand Jury Indicts Two Oakbrook Terrace Police Officers on Official Misconduct, Obstruction of Justice & Weapons Violations

DuPage County State’s Attorney Joe Birkett, DuPage County Sheriff John Zaruba and Oakbrook Terrace Police Chief Mark Collins announced today that the DuPage County Grand Jury returned True Bills against Oakbrook Terrace Police Officers James A. Scales, 46 (d.o.b. 2/10/58) of Lombard and Richard E. Winninger, 59 (d.o.b. 12/30/44) of Yorkville. A (6) count indictment was returned against Scales, including one (1) count of Official Misconduct, three (3) counts of Obstructing Justice, one (1) count of Aggravated Assault and one (1) count of Reckless Discharge of a firearm. A two (2) count indictment was returned against Winninger, including one (1) count of Official Misconduct and one (1) count of Obstructing Justice. These indictments stem from an April 3, 2004 incident that occurred on and around the premises of the Oceans 11 Restaurant & Bar in unincorporated DuPage County near Lombard.

On April 3rd, Sheriff’s Office deputies were dispatched to the Oceans 11 Restaurant & Bar located at 18W333 Roosevelt Road in response to a 9-1-1 call reporting shots had been fired. Today’s indictments allege that James A. Scales had recklessly discharged a semi-automatic handgun following a skirmish at the bar. A patron who had been escorted from the bar allegedly returned and threw an object through a window, prompting Scales to fire shots from the handgun. Scales is an Oakbrook Terrace Police Officer as well as an owner of the Oceans 11 business. It is alleged that Scales lied to police who responded and enlisted the help of Officer Winninger to conceal and dispose of the handgun used in the shooting.

"The alleged conduct of these two officers is an aberration and inconsistent with the professionalism and honestly displayed day in and day out by the men and women who protect all of the people in this county," said DuPage County State’s Attorney Birkett. "We are all saddened by these events, but it is critical to the administration of justice that when police officers abuse their authority and violate the trust we have placed in them that they be held accountable."

State’s Attorney Birkett thanked the Oakbrook Terrace Police Department, the DuPage County Sheriff’s Office and investigators and prosecutors of his staff for a thorough and professional investigation.

If found guilty of any of the charges returned in today’s indictments, the penalties include the following:

However, all offenses are probational.

Members of the public are reminded that this complaint contains only charges and is not proof of the defendant’s guilt. A defendant is presumed innocent and is entitled to a fair trial in which it is the government’s burden to prove his or her guilt beyond a reasonable doubt.