A judge Friday dismissed a felony charge accusing former Hebron Village President John Jacobson of having crack cocaine in his home one night in 2016 when police were called to revive him from an overdose.
McHenry County Judge Sharon Prather said police were wrong to have searched Jacobson’s home for drugs because officers were called for a medical emergency. The former village president is protected under a state law that grants some immunity against prosecution of drug possession charges if police are called in the event of an overdose.
Jacobson said after court Friday that he’s happy with the judge’s ruling, but declined to comment further.
Prather’s decision stems from a November hearing, when defense attorneys claimed police discovered the suspected crack cocaine through an unlawful search.
Officers responded March 17, 2016, to Jacobson’s Hebron home for a suspected overdose, court records show. When they arrived, Jacobson was taking shallow breaths and wearing only his underwear while lying on the floor of the master bedroom, according to police reports. One officer reported seeing a used crack pipe and a pill bottle containing suspected crack rocks.
A woman, Jeanna Rosing, who was with Jacobson at the time, told officers Jacobson had been drinking and slipped away to smoke crack, police reports stated.
Based on Prather’s ruling, Jacobson cannot be convicted of possession of a controlled substance if the case were to go to trial. He still faces prison time, however, for allegedly possessing a shotgun while his Firearm Owner’s Identification card was revoked. He’s also charged with possession of drug paraphernalia and possession of ammunition without a FOID card – misdemeanor offenses that typically result in less than one year in jail.
Jacobson’s attorney, Jeffrey Altman, and Assistant State’s Attorney Victor Escarcida each declined to comment on the judge’s decision.
The March 2016 situation wasn’t Jacobson’s first brush with the law.
After being elected as Hebron village president in 2013, Jacobson pleaded guilty to separate drug charges that arose after police said they found crack cocaine in his vehicle during a traffic stop.
In April 2017, Jacobson lost his village president seat to Kimberly Martinez.