Nov 24, 2009 12:24 pm US/Central
E2 Owners Get 2 Years In Prison
Dwain Kyles And Calvin Hollins Were Found Guilty Of Contempt
CHICAGO (CBS) ―
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E2 nightclub owner Dwain Kyles (File photo)
CBS
The owners of the former E2 nightclub were each sentenced to two years in prison Tuesday.
Owner Dwain Kyles and "silent partner" Calvin Hollins were convicted of indirect criminal contempt stemming from the 2003 stampede that resulted in 21 people being crushed to death in the stairwell of the Near South Side club.
They were convicted of contempt for failing to comply with a court order to close the second floor of the club, prior to the tragedy.
In pre-trial hearings that went on for several years, Kyles and Hollins claimed that a separate court document called a "half sheet" had ordered them only to close the mezzanine and VIP rooms, and that they had complied with that order.
But a jury convicted them on Sept. 24.
On Feb. 17, 2003, a fight broke out at the club, formerly located at 2347 S. Michigan Ave., and security guards sprayed the crowd with pepper spray. That prompted dozens to rush the doors and suffocate.
Kyles and Hollins were cleared of involuntary manslaughter charges.
"If there was ever a case that cried out for mercy, it would be this case," Cook County Associate Judge Daniel T. Gillespi said.. But he said this was a "willful" and "conscious" contempt of court case and that the city, which is prosecuting the case, had argued first for a three-year sentence then for a five-year sentence.
"I was braced for this, but I knew we wouldn't get probation because the city was so adamant about giving us five years and the judge, well, they don't call this the Daley Center for nothing," Calvin Hollins said calmly as he exited the courtroom.
Both Kyles' attorney and Hollins say they'll appeal.
"I think justice was served," said Walter Jones, who was hired by the city to prosecute the case.
Hollins was acquitted of involuntary manslaughter charges in 2007, and similar charges were dropped against Kyles in 2008. But shortly after the tragedy, the City of Chicago also filed charges against the pair in Housing Court.
U.S. Rep. Bobby Rush, who testified briefly on behalf of Kyles, wondered aloud whether racism was at play.
"Justice has not prevailed and justice has not been done," Rush said after the sentencing.
He said that officials must go back to the day it happened to figure out what went wrong.
"Rather than calling for rescue personnel, the city called for riot personnel," Rush said, adding: "I wonder in my heart of hearts, whether or not if this had been predominated by white citizens whether or not riot police would have been called rather than rescue police. I hate to go there, but this is Chicago and nothing in Chicago appears to be right."
On Monday, some victims were calling for a federal investigation, accusing the City of Chicago of a cover-up and that first responders failed at the scene.
"The city's initial response was not aimed at rescue but rather at crowd control, traffic control and other police functions, such as arresting bystanders at the club," said Cheryl Rainey, who lost a niece in the stampede.
City lawyers responded by saying the allegations made Monday are old and have recently been dismissed in court.
The Sun-Times Media Wire contributed to this report.
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