Drew Peterson Gun Charges are Dropped

Former Bolingbrook Police Sgt. Drew Peterson scored a victory Thursday after a Will County judge dismissed felony gun charges against him that had stemmed from the investigation into his missing wife, Stacy.

"It's a big relief, of course," Peterson told reporters afterward. "You know, there's potential to put me away in prison for this, and I didn't want to go. So it's a very happy day."

Circuit Judge Richard Schoenstedt dismissed two unlawful use of a weapon charges against Peterson after the state's attorney's office refused to give Peterson's legal team internal police memos, e-mails and other correspondence relating to his arrest in May.

Peterson, 54, was charged with allegedly possessing a modified assault rifle with a barrel of less than 16 inches, a violation of state law. Authorities had seized the rifle and other weapons after search warrants had been executed relating to the Oct. 28, 2007, disappearance of Stacy Peterson, who was 23 at the time.

Peterson is a suspect in the case, which police have labeled a "potential homicide."

Earlier Thursday, Schoenstedt granted a motion by Peterson's legal team to pursue a "vindictive prosecution" defense at trial and had ordered the state's attorney's office, at the request of Peterson's attorneys, to give the defense a "narrow and limited" copy of their documentation leading up to the charges against Peterson.

But Assistant State's Atty. John Connor strongly urged the judge to reconsider, arguing that the charges were not brought because of a personal vendetta against Peterson.

"It has nothing to do with personal animosity," Connor said. "It has to do with illegal weapons."

He warned that if the state's attorney's office were to comply, it would prompt defense attorneys across the state to "flood" prosecution offices with similar discovery motions.

Peterson's attorneys questioned the timing of the developments in the state's case. In February, Schoenstedt had ruled that police should return Peterson's firearms to him granted that he had a valid firearm owner's identification card.

Hours later, police revoked Peterson's FOID card.

In May, authorities arrested Peterson the day before he was to learn whether the guns could instead be given to his son Stephen, an Oak Brook police officer.

"Obviously we're very pleased," said Joel Brodsky, one of Peterson's attorneys.

The state's attorney's office will appeal, said spokesman Charles Pelkie.