McDonough County has settled a lawsuit after nearly three years with the family of James F. Mellenthin now that the probate court of Madison County has approved the deal. The county, through its insurance company, has agreed to pay James' mother, Tammy Mellenthin, $1.5 million, with the bulk of the money going toward the late Cottage Hills' man three minor children. Tammy Mellenthin has sole custody of the children, ages 15, 13 and 10.
Since the Madison County probate court approve the deal, McDonough County is responsible for a $10,000 deductible per the terms of the county's insurance policy that will provide the payments, according to State's Attorney Matt Kwacala. The settlement requires that $825,000 will be used to purchase annuities for the three Mellenthin children, who will each be paid $30,000 annually for four years, followed by $1,500 monthly payments for seven years and lump sums ranging from $208,314 to $390,740. The remainder of the settlement amount, $148,047, will be distributed equally to each child.
In addition, Tammy Mellenthin's attorneys, Spesia & Taylor, will be paid $500,000 for attorney fees and an additional $26,952 for litigation fees.
The 35-year-old Mellenthin died Jan. 27, 2023 as a result of a high-speed pursuit with a McDonough County Sheriff's deputy. His mother filed the original suit Oct. 26, 2023 against now-former McDonough County Deputy Evan Schmalshof, Deputy Nicholas Ruggio, the McDonough County Sheriff's Office (MCSO) and McDonough County. As part of the settlement agreement, the lawsuit against the sheriff's office, Schmalshof and Ruggio was dismissed with prejudice, which means the case is now permanently closed (the plaintiff or government cannot refile the same lawsuit or charges in the future).
The Events of Jan. 27, 2023 According to police reports, on Jan. 27, the Macomb Police Department was called to a location on West Jackson Street in Macomb by a woman who had allegedly been traveling to escape from her childrens' father, identified as James Mellenthin of College Hills, IL, who had multiple domestic battery and aggravated domestic charges. Around 9:13 p.m. that evening, Macomb officers attempted to stop Mellenthin's vehicle, when he fled the scene and a pursuit ensued.
The reports show Macomb police called off the pursuit due to public safety concerns and notified the McDonough County Sheriff's department of the situation. Then-Deputy Evan Schmalshof, who was driving a 2021 Dodge Charger police car, took on the pursuit from College Street through Macomb to Route 67. After traveling at a high rate of speed, the deputy caught up to Mellenthin's vehicle, at which time the two vehicles collided causing Mellenthin to lose control of his vehicle, leaving the road and flipping before it came to a stop. The 35-year-old Mellenthin was pronounced dead at 9:32 p.m. Jan. 27. Toxicology reports showed methamphetamine, amphetamine, fentanyl and other substances in Mellenthin's system.
McDonough County State's Attorney Matt Kwacala asked the Illinois Appellate Prosecutor's Office for an independent review of the state police investigation. Following the review, Kwacala said no charges would be filed against the former deputy, who was later terminated from his position with the sheriff's office.
