Sheriff Nick Petitgout announced on Friday afternoon, Feb. 2, that he has relieved Deputy Evan Schmalshof of his duties.
Schmalshof was involved in a fatal crash on Jan. 27, 2023 following a high-speed chase on Route 67 between Macomb and Industry.
He had been on paid administrative leave since shortly after the crash.
In a memo to Schmalshof that the sheriff’s department shared with the media on Friday, Petitgout said the deputy was untruthful when completing his crash report on Jan. 30, 2023.
In the report, Schmalshof said he planned to deploy spike strips to stop the other driver. But Petitgout said he told a different story during an interrogation later in the year.
“On August 18, 2023, you stated you just put that in the report and that you had no intention of deploying spike strips. By being untruthful, you discredited yourself as a law enforcement officer,” Petitgout wrote in the memo.
He said Schmalshof has filed a grievance with the F.O.P Labor Union. The outcome is pending.
Details about the case
An Illinois State Police investigation into the crash found speeds reached more than 140 miles per hour as Schmalshof pursued James Mellenthin. TSPR obtained a copy of the report through the Freedom of Information Act.
Mellenthin, 35, was the father of three children. He was a floor covering installer from Cottage Hills, which is part of the St. Louis Metro East area.
Macomb police received a 911 call on the night of Jan. 27, 2023 from a woman who said she had been in a relationship with Mellenthin and that he was following her.
After police spotted his car, they tried to stop him, but Mellenthin fled. Macomb police ended their pursuit after a short time.
However, Schmalshof picked up the pursuit. He told investigators he feared a member of the public could be gravely injured or killed if Mellenthin was not apprehended.
After their vehicles collided, Mellenthin’s car spun sideways before leaving the road, while the patrol car left the road and went into a ditch.
Mellenthin was ejected from his vehicle. He suffered blunt force injuries to the head, neck, trunk, and extremities, and was pronounced dead at the scene.
The toxicology report noted the presence of methamphetamine, amphetamine, fentanyl, and other substances in Mellenthin’s system.
Lawsuit filed
Mellenthin’s family filed a lawsuit in federal court in Rock Island on Oct. 26, 2023. It names the county, its sheriff’s department, Petitgout, Schmalshof, and Deputy Nicholas Ruggio.
The suit contends Schmalshof deliberately bumped his car into Mellenthin’s while both were going around 100 mph. It contends deputies violated Mellenthin’s rights under the U.s Constitution’s 4th and 14th Amendments.
The lawsuit also alleges that McDonough County sheriff’s deputies – including Schmalshof – repeatedly violated the department’s Vehicular Pursuit Policy with impunity.
The 45-page document lists three other high-speed pursuits involving Schmalshof – on August 11, 2021; March 3, 2022; and on August 9, 2022.
The suit asks for a jury trial.
Attorney John Spesia said it will be up to the courts to determine how much to award to the Mellenthin family.
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