Judge finds ex-Will County sheriff’s deputy not guilty of DUI

A former Will County sheriff’s deputy was found not guilty of driving under the influence outside a Plainfield gas station while he was off duty.

On Feb. 14, Judge Cory Lund rendered his verdict after the bench trial of Ross Ricobene, 37, who was charged with DUI on May 13, 2022, in the parking lot of Speedway gas station, 15919 S. Lincoln Highway, Plainfield, according to court records.

The Ford Taurus that Ricobene was driving had struck a Dodge Grand Caravan outside the gas station. The occupants of the Dodge Caravan had then called police to the scene.

Lund found Ricobene not guilty of DUI after hearing testimony from witnesses, viewing private security camera video and police squad video, hearing arguments from attorneys on both sides of the case, and reviewing additional case law, court records show.

Special prosecutors assigned to Ricobene’s case argued that he exhibited clear signs of alcohol impairment in the incident.

Ricobene’s attorneys contend that Plainfield police officer Ryley Martin conducted a flawed DUI investigation. The attorneys also suggested that Ricobene was suffering from mental health issues at the time.

Ricobene’s attorney, Terrence Wallace, said the confusion and disorientation that Martin first observed of Ricobene was “consistent with mental health issues.”

Philip Ungar, a special prosecutor from DuPage County, told Lund that he did not know of any mental health issue that creates a strong, overwhelming odor of alcohol that Martin said he smelled on Ricobene’s breath throughout his encounter with Ricobene.

Ungar said Ricobene’s confusion and distraction were signs of alcohol impairment.

Additionally, Ungar said that although Ricobene is allowed to refuse to submit to field sobriety and breath tests, Lund can consider why he refused them. He argued that the refusals spoke to Ricobene’s “consciousness of guilt.”

Wallace said Martin couldn’t confirm his suspicion that Ricobene was impaired without a field sobriety test.

Martin testified that when he arrived at the scene and checked out the Ford Taurus, he saw Ricobene appeared to be asleep while the engine was still running and the vehicle still in drive. The driver’s window was down.

When Martin put the vehicle in park and turned it off, he said he smelled a “very strong” odor of an alcoholic beverage from Ricobene’s breath. Martin used a flashlight and knocked on the vehicle to wake him up.

“He seemed very confused and disoriented,” Martin said.

Ricobene resigned from the sheriff’s office Nov. 4, Will County Sheriff’s Deputy Chief Dan Jungles said. Ricobene was a deputy who worked in the sheriff’s office investigations unit.

In a June 28 report, internal affairs sustained allegations that Ricobene’s conduct was unbecoming by driving under the influence in a sheriff’s vehicle and violating other department policies.

Ricobene was recommended for a 13-day suspension without pay for those violations.