Court awaiting video in deputy-shopper scuffle at Oswego Wal-Mart

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Updated: March 22, 2012 10:36PM

YORKVILLE — Jason Thurmond will get his day in court, his attorney promised Wednesday.

“We look forward to taking this case to trial,” said Richard Irvin, the attorney representing Thurmond.

Thurmond was charged with misdemeanor battery on Super Bowl Sunday after a confrontation with an off-duty Kendall County sheriff’s deputy in a checkout line at a Wal-Mart in Oswego. Thurmond allegedly shoved the officer, who then pulled out his gun in the crowded store

“Whenever someone pulls a gun, and the person he points it at gets charged, that’s wrong,” said Irvin, who also is an Aurora alderman.

Irvin and Thurmond were in Circuit Court in Kendall County Wednesday to get the case continued for discovery of more evidence. The case was continued until March 12, before Judge Marcy L. Buick.

Irvin said he asked for the new date because it will take Wal-Mart two weeks to get the video of the incident together.

The incident happened just after noon Feb. 5 when Thurmond, 38, of Montgomery, shoved the deputy while in line at the Wal-Mart at 2300 Route 34 in Oswego, police said. That prompted the deputy to pull out his weapon, according to Oswego police. No shots were fired and no one was injured.

The officer was identified in the report, but is not being named by The Beacon-News because he is the victim of an alleged battery. Kendall County has said the veteran deputy remains on active duty with his regular assignments while a sheriff’s office internal investigation into the incident continues.

Thurmond said he had stepped out of the checkout line while his wife was ringing up items. When he returned, Thurmond said his wife, who was nine months pregnant at the time, looked upset and a man was yelling at her about holding up the line.

Thurmond said he did not know the man was an off-duty police officer and told him to get in another line. At that point, Thurmond said, the off-duty deputy stepped toward him.

Thurmond admits he then shoved the deputy. The officer then pulled out his gun and pointed it at Thurmond’s chest, Thurmond told police.

Tapes of the 911 calls made from the Wal-Mart, released after The Beacon-News filed a Freedom of Information Act request, indicated customers and employees were confused but generally calm during the incident. At least 13 calls came in to police in the few minutes after the deputy drew his weapon.

Thurmond has filed a complaint with the sheriff’s office. Irvin said the entire incident was from a ridiculous argument between the deputy and Thurmond’s wife.

“It was all over an argument over whether she had too many items in line,” he said.

Thurmond’s wife has since delivered her baby, and both mother and baby are fine, Irvin said.