The adult daughter of a man beaten to death in the McDonough County jail last year has filed a wrongful death lawsuit in federal court against the county, the Sheriff’s Office, and jail staff.
The lawsuit, filed Oct. 16 in the U.S. District Court for the Central District of Illinois in Rock Island, also claims Darrell Hocker’s constitutional and civil rights were violated when he was housed in a cell with a man known to be violent and mentally ill — a man who had not undergone a mental evaluation before he was removed from isolation.
Hocker, 51, died in the early morning hours of Nov. 8, 2023, after an altercation with Timothy Smith, now 41, in a locked cell. Hocker was repeatedly struck in the head, neck and chest during the altercation.
Both men were detained at the McDonough County jail on domestic battery charges at the time, though Smith was also charged with aggravated battery. Smith previously was arrested in February 2023 for domestic battery, cruelty to animals, and unlawful restraint. He was also detained at the McDonough County jail in that case.
The lawsuit alleges Sheriff Nick Petitgout, the jail administrator, and other jail staff knew that Smith was mentally ill, psychotic, and extremely violent. They were aware that he threatened family members with knives, strangled the family dog, assaulted a sibling, heard voices, and believed he was a Nazi general, according to the lawsuit.
The lawsuit argues that despite knowing that Smith was mentally ill and exhibiting violent behavior, jail staff removed him from isolation without a mental health evaluation or the recommendation of a mental health professional.
Both times Smith was arrested last year — in February and in October —he was moved out of isolation and into a cell with others detained at the jail without an evaluation. Smith refused a mental health evaluation in February of last year, but was still moved into a shared cell, according to the lawsuit.
In addition to wrongful death, the plaintiff alleges the failure to protect Hocker while detained at the jail and the failure to properly train jail staff violated Hocker’s 14th Amendment rights and deprived him of his civil rights.
Hocker’s daughter filed the lawsuit as independent administrator of his estate. She’s seeking compensation in excess of $75,000 and has demanded a jury trial.
The plaintiff is represented by Joliet attorney John Spesia, who also represents the family of James Mellenthin in a separate federal case against McDonough County and the Sheriff’s Office over a fatal high-speed chase.
Smith is charged with murder in Hocker’s death. He was found unfit to stand trial in February and remanded to the custody of the Illinois Department of Human Services. In July, Smith was found fit to stand trial.