In 1987, William Fitzpatrick was in his second year as Rockford’s Police Chief.
John McNamara was in the middle of his second and final term having previously served as an alderperson.
Mark West had been a Rockford Police officer for a year and three months.
Robert Bolte had been a Rockford Police officer for fifteen years.
Sergeant William Synder was the command officer on that September night.
The name Lee Dismuke had been in the news a few times prior to 1987. In the early 1970s participating in Auburn High Schools wrestling team and as an honor roll student.
Lee Dismuke would later be sentenced to four years in Menard State prison psychiatric center. Michael Dismuke told RRStar reporter Joe Lamb “There are no follow up programs for people like Lee coming out of state institutions.”
Gary Pullima, a public defender at the time, would echo that sentiment citing the state “de- institutionalizing” a lot of mental health patients in the 1970s.
The day before Lee Dismuke was murdered, Richard Kunnert who led John McNamara’s ‘task force on homelessness’ cited the care for the chronically mentally ill as the category the task force found to be most in need.
After Lee's release - Bama Mae Dismuke, Lee's Mother, would take him to Singer mental health hospital and Janet Wattles mental health clinic.
“I think he needed to be somewhere and seen after by a doctor to wean him off of that medication, because it was affecting his mind,” said Bama Mae.
She, in a later newspaper, told the story of a week after Lee was released from Menards he was found and picked up by the police for wandering without shoes and could not remember where they were, or where he was.
Gail Tennant, then director of staff development for Singer Mental Health Center, told RRStar that according to their records since 1978 Dismuke had been prescribed medications to treat schizophrenic symptoms.
-1987-
By September, 1987 had been a publicly challenging year for the Rockford Police Department.
Over the summer at a police sponsored golf outing an officer known as ‘Mongo’ Peterson (formally known as Marlin) took his pants off and stayed in that state for several holes.
The Fire and Police Commission gave Mongo Peterson the maximum possible penalty of 30 days without pay.
David Travis accused two Rockford police officers of beating him when they pulled him over. He alleged they put him in handcuffs and hogtied him with a rope before they started to beat him.
Rockford City Council had voted to give David $7,500 if he agreed not to sue the city when the police and fire commission stepped in to rule that David was lying.
1987, for Lee Dismuke, according to statements made by the Dismuke family, was a year where his mental health condition was at best not improving and at worst slowly deteriorating.
Phillip Nicolosi was the Dismukes family lawyer told RRStar 6-8 weeks prior to Lee’s murder, members of the Dismuke family came to him to see about finding more adequate care.
Bama Mae said Lee at times would do things and not remember doing them. “He would go off walking in the evening and not remember what he did or where he had been.”
- September 19th, 1987 -
A 911 call was made after a fourteen year old boy ran into the Stop n Go on 7th street for help after a man had accosted him and yelled “gibberish” at him.
Mark West and Robert Bolte responded to the scene to interview the boy.
A short while after gathering information from the boy Bolte spotted Lee walking on 10th street. Bolte would follow Lee from his squad car until Mark West began chasing Lee on foot towards the direction of Central and Pacific railroad tracks south of 10th but between 7th and 8th street. West caught up to Lee and tackled him and was able to pin him to the ground.
Lee’s injuries were described as multiple abrasions to his face and to his wrists and hands.
West’s account of events are that when he attempted to place Lee in handcuffs is when he was flipped over by Lee who began to choke West.
The only two witnesses to verify this account are Bolte and West.
It is Bolte’s account that he ran up to the scene while Lee was on top of West. Bolte swung his 3 pound flashlight three times into the back of Lee’s head before wrapping the flashlight around Lee’s throat in a successful attempt to pull Lee off West.
This is all the information that was made available to the public regarding specific events of the night in the immediate aftermath of Lee’s death.
William Fitzpatrick called the use of force “unusual.” He stated it was not in protocol to strike someone in the head with an object.
The autopsy had to be delayed to allow time for Lee’s brain to
Instead of waiting idly by waiting for new information to come out, The People got work.
- The People’s Response -
A march was held to the Public Safety Building organized by local black ministers and pastors along with alderperson John Devereueawax.
Reverend Lorenzo Thurman said during this march “The People are gathered here today because we are not satisfied,”
During a long statement on the topic of the grand jury investigation into Lee Dismuke’s death Thurman added,
“It’s a known fact Black people have never been called to be on grand juries”
“Having one law enforcement agency investigate another is like having the Ku Klux Klan investigate itself.”
Rockford Alderperson John Devereueawax defended Rev. Thurman's comments stating “Police brutality exists in Rockford and I believe this is a case of police brutality.”
After this march Devereueawax would call for a citizen review and a public hearing to review complaints about the Rockford police department.
John McNamara rejected the citizen review board and neglected to answer any questions about Thurmans statements during the march.
There were calls for a federal investigation by the Rockford chapter of the NAACP. Spokeswoman Jule Powell for the Rockford chapter told rrstar reporter Joe Baker “We regret having to have the brutal death of one of the mentally disabled suspects make the community and city officials aware of the oft-times cruel and inhumane treatment these citizens have suffered for years; at the the last ten to our knowledge”
- Grand Jury -
The grand jury was set to convene on October 14th, 1987. In an RRstar article written by Betsy Burkhard, Paul Logli said 23 citizens were expected to hear from 45-50 witnesses.
All 23 members that made up this grand jury were white.
The grand jury was told that Lee died when his brain began to swell due to being struck in the head by Bolte with his flashlight. His brain swelling caused his heart to stop.
In the Swedish American report, it implies Lee was dead when police brought him into the hospital at 9:20 pm. The Winnebago County Coroner P. John Seward attributed Lee’s death to a sickle cell crisis. This crisis is brought on by exertion which causes the blood to thicken drastically. Dismuke family lawyers would contest this stating that after talking to Chicago university pathologist, they stated it was unheard of for an individual who only had a sickle cell trait like Lee Dismuke had to experience a full crisis to the extent alleged by Seward.
The grand jury probe was set to answer questions regarding
“Why are there discrepancies between Bolte and West?”
“Could Dismuke have been subdued with less force?”
“Should officers have waited up to 15 minutes before having him transported to a hospital?”
This last question can be perceived as misleading. In later reports they would estimate it being somewhere 30-40 minutes before transporting him to a hospital. The way the question is phrased, without any follow up, neglects to inform the grand jury of the first location Dismuke was taken. It also neglects to inform the grand jury that they neglected to take an ambulance and when transporting Lee to the hospital they did not use sirens or lights.
The Rockford NAACP called for and received a meeting with John McNamara, and William Fitzpatrick. They brought along then legal director Ron Schultz and Charles Perteete, then chairman of the police and fire commission. The meeting was held in city council chambers without my press allowed and private citizens and alderperson Devereueawax being denied entry.
The grand jury was expected to take a full week when they requested subpoenas for four individuals. Two of which were news reporters.
Their reasoning being a peculiar story that was after published the day after Lee Dismuke was murdered. The story stated Fitzpatrick declined to comment before the deadline and an editor was threatened with arrest while inside the public safety building the night of Dismukes death after the editor attempted to go to the second floor to speak with a reporter. No calls were to be made in or out and the building was ‘sealed’ after this.
The grand jury ruled there was “no crimes, no cover up”. They cleared Bolte and West of any and all possible charges.
Only after this grand jury ruling does Paul Logli state “police made a lot of mistakes the Lee Dismuke died”
The grand jury did find the Rockford police department officers violated three written personnel.
Officers did not seek immediate medical treatment for (Dismuke) following their fight with him. During which he was struck in the head three times with a flashlight
They attempted to take him to the Winnebago county jail even though he was vomiting then unconscious.
They did not transport him to the nearest hospital when he fell unconscious.
William Fitzpatrick began the internal investigation after the police's involvement in the grand jury probe ended.
A petition circulated amongst Rockford police officers in support of Bolte and West. They stated it was their opinion that the grand jury had the capacity to rule there was misconduct and they did not do so. During this time Bolte was suspended with pay and all other officers were back to their patrol.
- Internal Investigation -
On Sunday, November 8th, 1987, for the first time a mention is made about a dispatcher, later identified as Bettye Suhr “broadcasting a ‘comment with racial overtones while police officers were looking for Lee Dismuke”
Bettye Suhr was fired for failing to do her job appropriately. It is later learned when officers asked for a description of the suspect Bettye Suhr responded “No, just any black guy.”
As part of the internal investigation the grand jury found probable cause that Bolte and West committed violations:
1. Bringing discredit upon the department
2. Incompetency and inefficiency in the performance of his duties
3. Records of radio transmissions showed the time elapsed from the moment the struggle was initiated by West to the moment they brought Dismuke into the hospital where he pronounced dead almost immediately was 48 minutes.
The reasoning for not charging any other involved police officers was supposedly due to the fact that other officers assumed Lee to just be drunk because they were never told of the repeated blows to the head.
In the first hearing Mark West stated that when got the call of a black man chasing a white male he assumed he was looking for a drunk. After the struggle West then leaves with the 14 year old boy.
William Jacobson, the police officer who ended up transporting Lee to the public safety building, stated that he thought Dismuke was an intoxicated person for upstairs (meaning jail). According to Jacobson, it was difficult loading Lee into the van because Lee kept kicking the door.
Once arriving at the PSB Bolte and Jacobson laid Dismuke down on a basement lobby floor. Bolte then leaves to change after his ‘uniform was soiled’.
While Bolte is away Jacobson unsuccessfully attempts to use an ammonia capsule to wake Dismuke. At some point after the failed capsule they agree to take Lee to the hospital. After initially calling for an ambulance, they decided to take a white unmarked police car instead. In order to take this vehicle Jacobson had to look for the keys not just for the unmarked, he had to look for the keys to a patrol vehicle that was blocking the unmarked vehicle. This took 10-12 minutes.
Jacobson then used a telephone from inside the PSB to tell dispatcher Bettye Suhr that Lee they were taking him to the hospital to be “checked out”.
A tape was played for the commission where Jacobson can be heard saying ‘calmly’ saying that Dismuke is “no longer awake.” Bettye Suhr can be heard laughing in response.
The second day of hearings brought us the information that multiple witnesses testified there was no movement or resistance of any kind from Lee Dismuke as officers loaded his body into a paddy wagon which would be driven by William Jacobson.
On the second day, Jacobson testified street officers are expected to rely on their judgement when deciding if a suspect needs medical attention. Peter Nolte asked Jacobson if he was aware of any Department policy requiring hospital treatment for “suspects hit in the head with a flashlight.”
Jacobson replied “There’s no written policy per se.”
Command officer William Synder would later echo that testimony in saying "I would believe it would be the officer's discretion to decide if a suspect needed medical attention.” Later adding that an officer would be expected to take the suspect to go to the hospital for “obvious injury”
Former assistant state's attorney Rich Butera was at home when he got a call from Mark West inquiring about the ability to file felony charges in the case against Dismuke. It is not clearly stated when this phone call was placed but it can be logically concluded that West made the call while he still believed that Dismuke was alive. Butera said during this phone call West mentioned a fight but not the extent of the fight, including Dismuke choking him.
Then assistant state's attorney, Ron White, joined the states attorney team after Lee was murdered. White told RRstar that he was initially perplexed by the lack of blood until a pathologist informed him that it could be attributed to a sickle cell crisis Dismuke suffered.
On the third day of the hearing it would be learned that the initial report that Robert Bolte wrote was rejected by lieutenant Richard Galvanoni who was in charge of detectives investigation into the death of Dismuke.
Peter Nolte, the lawyer for both Bolte and West, would said Bolte made a new report with the help of two other detectives (Assuming the other two detective are Mark West and William Jacobson) with the only two difference between the two reports was “added information”
Another key piece of information to be learned on Thursday was that Lee Dismuke bled from his head while he was in the Swedish American Emergency Room.
Up to that point Bolte, West and Jacobson said they saw no signs of bleeding at any point. Bolte stated Thursday that the lack of blood led him to believe Dismuke was not injured.
Dr. John Underwood who was the emergency room physician would testify that while Dismuke was in the emergency he bled estimatedly an ounce. He would say that could not give a reason for the alleged initial lack of bleeding but in his experience scalp wounds like the one Dismuke had would ‘bleed profusely’
Boltes statements Thursday were that he struck Lee Dismuke three times in the head with Bolte’s flashlight. He stated the three blows had no effect on Lee. According to Bolte, it wasn’t until he put his flashlight underneath the chin of Lee, grabbed both ends of it and put his knee in the back of Lee that he was successful in stopping Lee from choking West.
Bolte said it was his belief that the three blows to Lee Dismukes’ head were “superficial swats.” He also maintained that he was convinced that it was a ‘drunken stupor’ that was the cause of Lee falling unconsciously
In the December 12th, 1987, edition of Rockford Register Star the nurses who worked to revive Lee Dismuke said they were unaware that Lee had suffered a blow to the head until they read about it in the newspaper. The officers also neglected to inform them of a failed ammonia capsule test that the nurses would say should have been an immediate warning sign that Dismuke was in desperate need of oxygen.
Sue Korf who was a member of the four person medical team that attempted to revive Dismuke. During this four day hearing Sue would say officers told her that Lee was intoxicated and that he had been “combative” before throwing up inside the public safety building.
With these statements being fed to Briscoe she decided there was no need for immediate action. She had police officer William Jacobson wheel him into an examination room.
When Sue was asked by the commission if the medical team would have provided different reatment if they were made aware of the Lees injured head and failed capsule test she responded, “I would have immediately brought in a physician and checked (Lee) out myself”
Sue would add “I believed them. I trusted what they told me.”
Sue Briscoe was also a member of the medical team who would be called to testify to the police and fire commission. She testified that it was not more than 90 seconds from when Jacobson wheeled him inside the room to when Jacobson would call Briscoe into the room. Briscoe stated her first impression upon entering the room was ‘the patient looked to be dead’
She would ask, “Is this guy alive?”
Bolte, who was standing near Lee Dismuke's head, would respond “I don’t know”
Jane Taylor was the third nurse to testify in the hearing. Taylor testified while a team of nurses were attempting to save Dismuke, she would further question Robert Bolte about the events that took place. He told her “We picked this guy up, he was wild and really fighting. That he used some sort of choke hold to get him off his partner.”
On January 4th, 1988, the second disciplinary hearing for West and Bolte was held.
Bolte had already been found guilty of two violations.
1. Bringing discredit upon the department.
2. Incompetency and inefficiency in the performance of his duties.
In Jim Mays’ testimony to the Fire and Police Commision he stated that Robert Bolte was being set up to be the scapegoat by William Fitzpatrick and then mayor John McNamara. During this testimony Mays also stated that he disobeyed a direct order from Captain Thomas Gambini. The direct order was to tell the Dismuke family that Lee had passed away in police custody - no other details. Instead of doing that Mays would explain to the family some of the circumstances around Lee Dismukes death.
- The Aftermath -
John McNamara finished out his final mayoral term in 1989.
The Dismuke family, after initially seeking a settlement for $15,000,000 that would be dismissed by a judge, they would later receive an out-of-court settlement for $285,000.
After this testimony Jim Mays would be stripped of his supervisorial roles for a month.
William Fitzpatrick would go on to serve ten more years as the Rockford Police Chief.
Jim Mays would run for mayoral office in 1988 and again in 1993 as the republican candidate against Charles Box.
Bettye Suhr won her appeal, got her job back after her punishment was changed to 30 day suspension without pay and would quit her first day back from suspension.
Robert Bolte would lose his appeal during which Circuit Judge John Sype ruled that “21 minutes between Lee Dismuke no longer having a pulse and his arrival at the hospital was a grossly unreasonable delay” He died in 2001 after a car accident.
Mark West go on to be a police officer for the next 30+ years in the Rockford police department and the Rockford park police.
John Devereueawax would continue to advance in his political career but in the early 1990s suffered two strokes in both legs and in his arm. He wrote a book titled “Willpower” with his daughter.