Joliet Police Sgt. Javier Esqueda is charged with access to dashcam video of the controversial arrest of Eric Lurry, who died in custody

JOLIET, Illinois – A grand jury has charged a Joliet police sergeant on four charges of misconduct access the video of a fatal drug overdose of an arrested man.

The charge sheet on Tuesday of Sgt. Javier Esqueda by a grand jury in Kendall County alleging he used a laptop in his car to watch a video of Eric Lurry’s death.

Lurry, 37, died in January while driving in a police vehicle after being arrested at the scene of a suspected drug deal. The Will County Sheriff’s Office ruled that his death was an accident due to heroin, fentanyl and cocaine poisoning.

RELATED: Joliet Police Release New Video Shows Eric Lurry’s Arrest

Esqueda has released a video showing officers slapping and cursing Lurry before his death. Prosecutors determined there was no misconduct by police. Joliet police eventually released a three-hour video related to Lurry’s arrest.

Lurry’s wife, Nicole, has filed a federal lawsuit against the city of Joliet and four police officers, claiming they were engaged in ‘willful and willful acts and reckless conduct’ that led to her husband’s death.

Lack of sound questioned in newly released Joliet police videos of Eric Lurry’s death

“You arrest the sergeant because he did the right thing, but you do not arrest the officers for the wrong thing,” said Nicole Lurry, Eric Lurry’s widow.

RELATED: Wife of a man who died in Joliet police detention says on the video of dashcam, officers are contributing to his death

While Joliet is in Will County, prosecutors say Esqueda’s alleged misconduct took place in neighboring Kendall County. Esqueda’s lawyer Jeff Tomczak filed a motion on October 21 to dismiss the case, arguing that no action was taken by his client in the country.

RELATED: Rally demands justice for Eric Lurry, man killed in Joliet police arrest

The video in player above comes from a previous report.

WLS-TV contributed to this report.

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