Attorneys, mother of man body-slammed by police officer say he’s schizophrenic, call for his release from jail

A week after he was thrown to the pavement by a Chicago police officer, Bernard Kersh’s head still hurts, his family says.

“His head is killing him,” his mother, Keshia Johnson, told reporters Thursday after Kersh appeared before a Cook County judge for a preliminary hearing.

“His head has been hurting him since it happened,” she said. “They’re just giving him ibuprofen. It’s doing nothing. I think there’s something wrong.”

On Thanksgiving, officers approached Kersh, 29, as he was drinking from a bottle of vodka while he sitting at a bus stop at 79th Street and Cottage Grove Avenue, police said. Kersh became “irate” and spit in one of the officer’s eyes and mouth. That officer was then seen on cellphone video picking up Kersh and throwing him to the ground.

Chicago police photo

The officer and another who responded have since been stripped of their police powers as the Civilian Office of Police Accountability investigates the use of force.

Kersh was later charged with aggravated battery of a peace officer, misdemeanor counts of assault and resisting arrest, as well as a count of drinking alcohol in public. His next court appearance is Jan. 15.

Johnson — who said her son has schizophrenia — was joined by Kersh’s attorneys, Andrew M. Stroth and Sami Azhari, as well as the Rev. Jesse Jackson and community activist Eric Russell.

“He should be at the hospital, not [in] a jail cell,” Jackson said.

Stroth said while Kersh’s $5,000 bond was paid, he remains locked up at the Cook County Jail because of a hold ordered by the Illinois Department of Corrections.

“We are demanding the release, so that Bernard can get mental health treatment and medical treatment,” Stroth said.

A spokesman for the Cook County Sheriff’s Office, which operates the jail, said that since Kersh was booked in the jail last week, he has been housed in a division that provides “direct medical access” 24 hours a day and is staffed with medical professionals.

Records show Kersh pleaded guilty last year to resisting/obstructing a police officer. He was sentenced to 18 months in prison, with 133 days credited for time served in the Cook County Jail. He was paroled July 23. A spokeswoman for the Illinois Department of Corrections said he remains in jail now because his latest arrest “is a possible parole violation.”

After he was thrown to the ground, Kersh was taken to the University of Chicago Medical Center, where he was sedated after growing uncooperative with the staff. Assistant Cook County State’s Attorney James Murphy said at Kersh’s bond hearing last week that Kersh didn’t suffer any skull or brain injuries, noting he only suffered “a small scratch the size of a fingernail” near his right eyebrow.

Martin Preib, the second vice president of the Fraternal Order of Police, the union representing rank-and-file officers, said Thursday the officer’s actions were “more than reasonable.”

Sam Charles/Sun-Times

“He was very polite, he engaged in de-escalation techniques, and this went on over several minutes,” Preib said. “How does [the officer] know [Kersh’s] mental state? The man attacked him. Are we supposed to allow people to attack us and say, ‘Well, this guy can attack me because maybe he has mental illness?’”

“What are we supposed to put up with out there?” Preib asked. “This is a felony battery. How would you like to spend the Christmas holidays wondering if you’ve been exposed to hepatitis or if you’ve been exposed to HIV because you were doing your job and you treated the guy respectfully and politely?”

Chicago police records show Kersh has been arrested dozens of times in the past five years.