People v. Mandarino

(Court opinion corrected 7/9/13.) Defendant, a former police officer, was convicted after bench trial of aggravated battery and official misconduct. During traffic stop for reckless driving of driver, who never attempted to flee, attack, threaten,or resist, officer struck driver 15 times in span of 10 seconds with his baton. Court properly found that officer's use of baton was unreasonable and excessive, and not legally justified. Finding that driver suffered great bodily harm, including minor concussion, is not against manifest weight of evidence. Court found that officer raised baton above his head to strike with full force, using baton improperly as a club, and rational trier of fact could conclude that officer used baton as a deadly weapon. (NEVILLE, concurring; STERBA, dissenting)