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Kane County Reporter

Saturday, April 27, 2024

Laura Ayala Clarke incident report

Richardirvin800

Mayor Richard Irvin | irvinbourne.com

Mayor Richard Irvin | irvinbourne.com

Read the police report for Laura Ayala-Clarke's battery assault.  Ayala-Clarke was gubernatorial candidate Aurora mayor Richard Irvin's girlfriend at the time of the incident.

Irvin is alleged to have "fixed" the incident in favor of Ayala-Clarke after appearing ojn the scene to take her home.

INCIDENT REPORT - reporting officer Gianna N. Salerno

On 05/24/21 at approx 2007 hrs, Ofc J Penrod #288 and I, Ofc G. Salerno #154, were dispatched lo 740 N State Route 59, Zen Leaf Cannabis Dispensary, for a customer dispute.

Upon arrival, Ofc Penrod was speaking with a store employee in the parking lot.

I gathered with them and began walking towards the entrance of the store. As I got closer to the entrance, I observed the door partially open and could hear what appeared to be a scuffle. I entered the store and observed a security employee, Victim [redacted] standing with her hand on the rear of Offender Laura Ayala-Clarke's back attempting lo escort her to leave.

I separated [redacted] and Ayala-Clarke.

I observed that Ayala-Clarke had been pepper sprayed prior to our arrival. I immediately requested an ambulance to the scene to attend lo Ayala-Clarke.

Ayala-Clarke was screaming at me hat she was not moving from her seat. She appeared intoxicated. I asked Ayala-Clarke several limes what happened and she kept repealing "that bitch pepper sprayed me.” Ayala-Clarke appeared intoxicated and was slurring her words.

Ayala-Clarke still refused to leave the store. She staled she would not leave until her boyfriend arrived. She was asked several limes lo get up and walk outside of the store. She continued to slate hat she was not moving from her seat until her boyfriend arrived. She was slamming the bench with her hands as she was yelling. Ayala-Clarke's boyfriend, [redacted] arrived and was able to get Ayala-Clarke lo finally leave he store by going to the ambulance lo be treated.

I spoke to [redacted] who slated he following in summary: This date, Ayala-Clarke entered the store and was attempting to use the ATM Machine. The machine was not working and Ayala-Clarke became upset. Ayala-Clarke was informed by a manager hat the ATMs were from a third party contractor and that she needed to contact the third party company to have the issue resolved. Ayala-Clarke was provided with the phone number for the company. She continued to sit in the lobby for approx an hour and was asked to leave multiple limes. [Redacted] was contacted by he store manager, [redacted] directed her to remove Avala-Clarke from the store. [Redacted] approached Ayala-Clarke and verbally instructed her to leave in both English and Spanish. Ayala-Clarke refused. [Redacted] approached Avala-Clarke and attempted to grab her by Avala-Clarke's right arm to escort her lo leave while conltinuing verbal commands. 

Ayala-Clarke then kicked [redacted] in the leg. [Redacted] stepped away briefly. [Redacted] then gave her more commands to leave. Ayala-Clarke still refused to leave. [Redacted] When approached Ayala-Clarke and attempted to grab onto Avala-Clarke once again to escort her out. Ayala-Clarke began shoving [redacted] and pulling away from her in addition to kicking her in the legs. At this time [redacted] gave warnings to Ayala-Clarke lo comply by leaving or else she would be pepper sprayed. Ayala-Clarke responded by saying "I don't care. I'm not leaving." While still physically struggling with Ayala-Clarke. [Redacted] pepper sprayed Ayala-Clarke in attempt to gain compliance. Police arrived shortly after.

I spoke store Manager [redacted] who stated the following in summary: 

[Redacted] was called by [redacted] this dale in regards to a Ayala-Clarke causing a disturbance within the store and refusing to leave for approximately an hour. [Redacted] was called by [redacted] this dale in regards to a Ayala-Clarke causing a disturbance within the store and refusing to leave for approximately an hour. [Redacted] instructed [redacted] to remove Ayala-Clarke from the store as [redacted] was trained. [Redacted] was called into he store on her off hours to assist he store in dealing with the situation. The store had plans to go through (heir store corporate procedure to ban Ayala-Clarke and did not wish to sign complaints for

criminal trespass.  

[Redacted] took me to the back office lo observe the security camera footage.

I observed the following on the video: Ayala-Clarke was in the front of the store sealed on bench by he ATM machines. [Redacted] approaches her and they have a conversation. [Redacted] attempts to grab Ayala-Clarke by the arm in which she kicked [redacted] in [redacted] right leg with Ayala-Clarke’s right leg. [Redacted] separated from Ayala-Clarke and continued to have a verbal conversation with her. [Redacted] then approached Ayala-Clarke for a second time. [Redacted] attempted to grab onto Ayala-Clarke, but she pushed [redacted] away and began kicking her again. [Redacted] pepper sprayed Ayala-Clarke. Ofc J Penrod and I then arrived

into the store.

At that lime was not able lo download the video footage from he server. I gathered [redacted] contact information to pick up the video footage

Ayala-Clarke agreed to a recorded audio/video statement in which she stated the following in summary.

Ayala-Clarke entered the store. The store only accepts cash, therefore she attempted to wilhdrawal $100.00 from the ATM. The ATM malfunctioned. The manager gave her the number lo the ATM company, but Ayala-Clarke did not want to leave because she did not know if the company would need the manager's information or lo speak with Zen Leaf staff. Ayala-Clarke was eventually approached by a security guard and was asked lo leave. She knew the person to be a security officer due to the security officer wearing a polo with a badge printed on it. The security guard asked her lo leave twice. Ayala-Clarke intentionally refused. Ayala-Clarke was then grabbed by security to leave. She kicked them because she still did not want to leave. Ayala-Clarke was then pepper sprayed by he security officer. She planned to sue he security officer for spraying her.

I contacted Sgt Pavlenic and reviewed the incident with him. At his direction, Ayala-Clarke was issued a Local Ordinance Notice to Appear for Battery.

I informed Ayala-Clarke of the charges who was now seated in her boyfriend’s vehicle. She stated that she should not be charged, because security put her hands on her. Her boyfriend overheard the charging information and was upset that security placed their hands on Ayala-Clarke. Her boyfriend called someone via blue-tooth within the vehicle and stated the charges and relayed to the person on the other end of the phone that the "charges would be taken

care of.”

[Redacted] wished lo also provide a sworn statement, but hat she was off work and wished to complete one at a later lime.

On 05/24/2021 at approx. 2009 hrs. I, Ofc. J. Penrod #288, and Ofc. G. Salerno #/154, were dispatched to 740 N. state route 59 in reference to a customer

dispute that was later reclassified as a battery report.

Upon arrival I spoke with the Zenleaf assistant manager [redacted] whom stated the following in summary: [Redacted] stated that the offender (Ayala Clarke) came into Zenleaf and used he ATM to withdraw money. Damar stated that here was an issue with the ATM machine and Clarke did not receive any money. Clarke demanded Zenleaf to refund Clarke her money. [Redacted] informed Clarke that the ATM is owned by a different company and that Clarke would have lo contact the ATM company during business hours. Clarke continued to argue with [redacted] and refused to leave the store when [redacted] asked Clarke to leave. 

[Redacted] stated that the argument continued for approx. an hour until APD arrived.

I then spoke with Zenleaf employee [redacted] whom stated the following in summary: [Redacted] stated that Clarke was arguing with about the ATM machine not working properly.

[Redacted] stated that [redacted] stepped outside the store to talk with ARD, and that is when Zenleaf’s security guard [redacted] asked Clarke to leave. [Redacted] asked Clarke a second lime to leave, and Clarke refused.

I then grabbed Clarke by the arm to help Clarke up off the bench. Clarke pulled away from [redacted]. Clarke then kicked [redacted] in the arm as [redacted] attempted to grab Clarke's arm again. [Redacted] then sprayed Clarke with pepper spray. [Redacted] stated that APD then came inside the store and took control of the incident.

[Redacted] provided a recorded statement using Squad #331’s camera. I archived the recorded stated onto & non rewritable disk and submitted the disk into evidence locker #018.

No further information.

INCIDENT SUPPLEMENT REPORT - reporting officer Detecive Jason Ray Russell

On 06/02/2021 at approximately 1230 hours, I was advised by Lieutenant E. Westrom that Sergeant L. Hernandez wanted me to interview a viclim of a battery. This was in reference to report AUPR21005878 [redacted]. [Redacted] supplemental reports. Sergeant Hernandez provided me with victim. [Redacted] phone number. I called [redacted]. She stated that she was here at the Aurora Police Department, near (he front desk. I went down to meet her.

At approximately 1255 hours, I met with [redacted] and escorted her upstairs to he Investigations Division office. We went lo an interview room, designated as Investigation Room [redacted]. This room was equipped with audio and video recording devices. [redacted]

All three recording devices were activated. [Redacted] consented to both the audio and video recording of her statement. At1259 hours, the interview was initiated.

I asked [redacted] questions about her employment. She stated the following in summary.

She is employed by [redacted] which is a private security company, and which is contracted by the Zen Leaf dispensary in Aurora. 

[Redacted] She has been assigned to work at the Zen Leaf Aurora location for this time period. Her direct supervisor is named [redacted]. She did not know his last name but knew him to be the director for [redacted]. When on site at this Zen Leaf location, she answered to [redacted]. She did not know her last name but knew her to be (he Store Manager for Zen Leaf in Aurora. [Redacted] was not working on 05/24/2021. The Assistant Store Manager, [redacted] was working (hat night. She did not know his last name, Also working that night was [redacted] who is an "A.I.C.", which is a supervisory position, She did not know her asl name. There was a receptionist working that night named. [Redacted] was working in front of the store and was nearby as the situation developed. She did not know [redacted] last name.

I asked [redacted] about her formal training through [redacted]. She stated the following in summary.

[Redacted] She had a 40 hour training certificate in armed and unarmed security, pepper spray, baton and handcuffs. She is certified in all of these areas. Security experience was also required for employment with [redacted]. She had prior experience with working 3 years for Brinks, the armored (ruck company. In relation to her pepper spray training, she believed that she had been through a full day of training, This training consisted of how lo handle pepper spray, and when not to handle it, situationally.

I wanted [redacted] to tell me about the events occurring on 05/24/2021, at the Zen Leaf location. She advised me he following in summary.

She believed that the offender's name was LAURA. She did not recognize LAURA to be a customer whom she has seen before. [Redacted] and this was the first time she has seen LAURA at this location, personally. She has never met LAURA outside of work and this was

The first lime ever seeing her. 

LAURA came into the store at about 7:10 p.m. She believed LAURA to be under (he influence when she came in. Her speech was slurred as she spoke with the receptionist [redacted]. Upon entering The dispensary, the customer has to check in, and show heir ID. She heard LAURA talking on the phone and talking with employees, and noticed then that she was slurring her words. She also noticed that LAURA's body movement appeared unsteady, as she was wobbling while standing around the store. These factors made her believe (hat LAURA was intoxicated. She could not smell alcohol on LAURA due to wearing a Covid 19 protective mask over her own mouth and nose.

The dispensary operates as a cash only business. There is an on-site ATM for customers lo use in order to get funds for purchases. LAURA left the reception area and went to he ATM. She was visibly wobbling as she stood at the ATM. This will be able lo be seen on the Zen Leaf video surveillance.

LAURA was standing at the ATM for approximately 3-5 minutes, apparently attempting a transaction. The ATM did not work for LAURA. LAURA began to complain that the ATM did not give her her money. LAURA walked up to her with her phone in hand and showed her he transaction, where the ATM did withdraw money from her account, but she never received the funds from the ATM machine. At one point, LAURA said that she wanted her $100 so that she could go inside of the dispensary and make a purchase. She advised LAURA to have a seat and she would get a supervisor or manager to come and assist her. She did so and waited for assistance.

LAURA was only waiting for approximately one minute, before being helped by [redacted] [the A.I.C.]

The Assistant Store Manager [redacted] was on his lunch break, leaving [redacted] in charge. LAURA was advised that she needed lo call the 1-800 number on the ATM, as it was not affiliated with Zen Leaf. 

LAURA was quoted as saying, "I'm not going to call, you guys are going to sit here and fucking call, cause I'm not going to call nobody. This is your building so you guys are supposed to be responsible for it." 

[Redacted] was trying to talk with LAURA, but LAURA was yelling al her in return. LAURA was very upset about the $100 hat she did not get from the ATM, and was telling [redacted] that it was their responsibility to give her the money. She saw that [redacted] was becoming nervous, so she suggested that [redacted] call the 1-800 number for LAURA, so that she could hear what the process was lo get her money paid to her. [Redacted] also made hat same suggestion, as [redacted] had called [redacted] on the phone by this time. [Redacted] went to the front desk to make the cal. She [redacted] and LAURA were now at the desk.

The phone call to the ATM company was on speaker. Meanwhile, LAURA called (he Aurora Police Department as the call to the ATM company was occurring. LAURA had the phone on speaker for everyone at the front desk to hear. LAURA explained the whole ATM situation to the police calltaker, She heard the person on the other line stale that the police would arrive in 7-10 minutes. The message on the ATM line stated that the ATM company was currently closed. LAURA became more upset and was yelling at all of her. LAURA was quoted as saying, "This is ridiculous. I'm going to call the cops. This is your responsibility. You have lo give me my fucking money." They were tying to explain to LAURA that Zen Leaf was not part of the ATM company and that they were a third party. LAURA was quoted as saying, "I doesn't matter. Il's your building. I'm a business owner too and obviously I have one of those ATMs too, and I'm responsible for those ATMs." LAURA was making a big scene. LAURA was using a lot of expletives. She told LAURA that the best solution for her would be to call her bank so hat they could reverse he charge. LAURA was quoted as saying, "I'm not going to call my fucking bank.

You guys have to give me my money. It doesn't mater. Call whoever you have lo call and bring them here.”

She saw that [redacted] was becoming nervous, so she suggested that [redacted] go in back and call both the Store Manager and the Assistant Store Manager, to see if they could speak with LAURA.

The Assistant Store Manager [redacted] walked up front. [Redacted] was attempting lo speak with LAURA and get her to calm down. LAURA began yelling at [redacted]. LAURA was felling him that she was going to call her boyfriend the mayor. LAURA was quoted as saying. "I'm going to call my boyfriend. He’s going to close you guys down for doing all this and not giving my money back." LAURA's boyfriend had nothing to do with the whole situation, and she found it odd that he was mentioned. LAURA was quoted as saying. "I'm going to call my boyfriend. You don' know who my boyfriend is. He's the mayor of Aurora. I'm going to sue you guys for not giving my money." After that, she kind of calmed down with [redacted] as he was talking with her. [Redacted] was explaining lo LAURA about the company and ATMs. LAURA was then quoted as saying, "Oh then why the fuck do I need you up here if you're not going lo help me? Just get the fuck out. Leave. I don't need you over here.” [Redacted] just stood here and appeared shocked. She told both [redacted] and [redacted] lo call the store manager to let her know hat LAURA had called the police and that the police were on their way.

During this time, LAURA was telling other customers not to use he ATM. Other customers had checked in and needed to use the ATM to get cash for purchases. She was lying lo discourage them from doing so. She was quoted as saying, "Don't use the fucking ATM. They’re not going to give you your fucking money. They didn't give me my money." People were looking at her, but they ultimately ignored her and used the ATM anyway. She found it odd that other people were getting the cash as requested from the machine, not only then but throughout the day. She did not know why LAURA had been unable to do so. LAURA was quoted as saying. “What the fuck? How did they get the money? You know this is bullshit. I'm going to call my boyfriend." 

LAURA kept bringing up that her boyfriend was the mayor. She felt threatened when LAURA said that the mayor was going lo talk to all of them and close them down. She told LAURA to do whatever she had to do, but the police were on their way.

She was called to the back of the store to meet with [redacted] and [redacted]. They were talking with Store Manager [redacted], who was on the phone, about the situation with LAURA. Meanwhile, LAURA could be heard yelling at the front of the store. [Redacted] advised her that if LAURA was still causing a scene, could she please ask her 1o leave and do whatever she need to do lo kick LAURA out of the premises. [Redacted]  told her to try and remain calm. [Redacted] was right next to her as [redacted] was her this directive, and she believed that [redacted] would have heard the conversation.

She went back to the front of the store, and spoke with LAURA. She told LAURA, "Hey, you're causing a scene. The Store Manager does not want you here. But I'm asking you nicely if you could please step outside and wait for the officers or the police here." She quoted LAURA as responding, "I'm not fucking going nowhere until the cops show up in here and until my boyfriend comes in." She repeated her request for LAURA to leave several limes. She had heard LAURA speaking on he phone in Spanish earlier, so she gave her he same message in both English and Spanish. LAURA was quoted as saying, "No, I'm not fucking going nowhere. I'm going to wait for them here and I'm going to wait for my boyfriend." She asked LAURA to please step outside as the officers would be arriving in minutes. LAURA was quoted as saying, "No, I'm not fucking going nowhere. I'm going to sit right fucking here. I'm not going until my boyfriend comes and the police come." She instructed LAURA more than 5 times lo leave the premises.

LAURA was sitting on a bench, located al he front of the store. She offered to help LAURA get up so that she could walk out. She outstretched her left arm toward LAURA as a gesture lo help her up. LAURA slapped her hand away, with her left hand. She pulled away from LAURA. She then made another two requests to LAURA in English and Spanish, saying lo LAURA, “Let's please both step outside. If you want me lo walk out with you, I will. Let’s not make a scene because here are customers in (he building. I don' want this to go to a bad situation. Let's both go outside and wait for (he cops out there, together." LAURA was quoted as saying. "No, I'm not fucking going no where." She again threatened to call her boyfriend. The other Zen Leaf employees had come to the front. She told them to get back because this may go bad, due to LAURA's behavior. The receptionist [redacted] was here the whole time, and witnessed everything.

She reached out toward LAURA again with her left hand, and stated that she would gladly help LAURA to get up. She took LAURA by the hand as she was distracted by he phone in her other hand. LAURA snatched her hand away LAURA suddenly started kicking her and swinging her hands at her. LAURA was kicking her with both feet. LAURA's kicks landed up and down her right leg. LAURA then started to swing, both closed and open hands, at her, striking her in the abdomen. She slated, "I stepped back. I was obviously getting hurt at the time." She told LAURA, "I don't want to pepper spray you. I don't want to do anything bad to you. Let's just do it he nice way and I'll just walk you out." LAURA was quoted as saying, 'No. Fuck you. LAURA started kicking her again.

She stepped back and told LAURA, "You're acting very aggressive. I don't want to lake it lo the next step. If you keep acting this way. I am going to have to pepper spray you." LAURA was quoted as saying, "Do whatever the fuck you have to do." She reached for LAURA again and LAURA began kicking her again. She told LAURA, "Stop. Stop, Stop. I'm going to pepper spray you. I'm going lo pepper spray you." LAURA was quoted as saying, “I don't give a fuck. Do whatever you have to. You're not going to do shit." LAURA continued to Kick and hit her, She pepper sprayed LAURA in order to defend herself from LAURA's continued attacks. She stated, "I had to pepper spray her because it was getting so physical." LAURA continued to throw punches, after being sprayed, and while her eyes were closed. She then grabbed both of LAURA's arms with her hands. This did not happen on the first attempt, but it took a couple of tries lo grab a hold of her moving arms. Once she grabbed hem both, she held LAURA's arms, in order lo keep from being hit any further. LAURA began crying, and was quoted as saying, "Why did she do hat lo me? Why did she do that to me? I'm going to call my boyfriend and he's the mayor and I'm going to have him sue all of you and close this piece of shit Zen Leaf down." Some of the pepper spray had gotten in her own eyes as well, so she stepped back from LAURA. The police arrived on scene just about that same lime.

INCIDENT SUPPLEMENT REPORT - reporting officer Jason Ray Russell

[Redacted] and [redacted] came lo the front of the store after the police arrived. The Officers were lying to convince LAURA to walk outside. She was quoted as yelling at the officers, "I'm not fucking going nowhere. I'm calling my boyfriend. He's the mayor." LAURA repeated this several times throughout the incident. The officers told LAURA that they had the ambulance there to assist her. LAURA was quoted as saying. "I don't want the ambulance until my boyfriend comes." The paramedics were on scene and attempted to get her lo go lo the ambulance for treatment for he pepper spray. She refused any treatment until her boyfriend arrived. LAURA's boyfriend came in and grabbed her, and (hen look her to the ambulance outside. She recognized LAURA’s boyfriend as being he Mayor of Aurora. He had seen his picture online, prior to this incident.

She felt the affects of the pepper spray and she walked outside to get some fresh air. It was then, as she was calming down, Chat she felt (he pain from

all of the strikes landed by LAURA.

I asked her about the physical contact between her and LAURA. She stated he following in summary.

She believed that LAURA was wearing some kind of heels, and that (hose hurt her upon impact. She had lo step back in order to get some of her strength back, after being kicked so many limes. LAURA was striking her with both of her hands as well. LAURA's hands were both open and closed while hitting her about he abdomen area.

Receiving these strikes hurt her. That caused her to step out of reach of LAURA on several occasions. She was struck by LAURA from her lower chest all he way down her legs. She believed that LAURA landed about 20 total kicks to both of her legs. She believed that LAURA landed about 15 total hand strikes to her abdomen, She injured both of her pinky fingers during the incident, which she believed happened when she was lying to grab LAURA's arms, so that LAURA would stop hitting her. Due lo her increased adrenaline, she did not feel her fingers being injured at the time. It was not until later when she felt the pain. She did no have any visible marks or bruises on her body, however she felt like there was bruising and tenderness under he skin, a the points of impact.

I asked her what she wore for work. She stated the following in summary.

She wears a uniform consisting of a blue long sleeve polo shirt with a star and [redacted] embroidered on the left chest, Khaki pants, and a duty belt. The duty belt is much like the kind hat police wear. Her belt consisted of a gun on her right side, gun magazines on her left side, pepper spray on her left side, and handcuffs on her right side.

l asked her if she had any conversations with LAURA about her being a Security Officer. She stated the following in summary.

Initially when LAURA approached her about the ATM, she told LAURA that she was a Security Officer, and if she talked with the [redacted] Receptionist.

I asked her if she had the opportunity to make a recorded statement on he night of the incident. She stated the following in summary.

She called her supervisor, due to the whole situation. She was in he squad car with the officers, but she did not refuse lo make a statement, she just wanted to wait, She still had pepper spray in her eves al the time which was a consideration in her decision. She reached out to her Supervisor.

[redacted] and [redacted] CEO [redacted] and spoke with them. [redacted] told her that it was fine for her to postpone he recorded statement. The next day, she was feeling really sore from receiving the strikes and did not go lo work. [Redacted] told her that she could lake her time lo feel belter physically and mentally. In the mean time, they were going lo have her work at a location other than Zen Leaf in Aurora.

INCIDENT SUPPLEMENT REPORT - reporting officer Jason Ray Russell

I asked her why she had come in today to make a statement. She slated the following in summary:

She had told Officer Salerno hat she was not refusing to give a statement, she was going to hold off on it. Officer Salerno asked her if she wanted to press charges against LAURA, She stated, "Of course because she is he one that battered me, and assaulted me.” She had talked with [redacted] and he told her that if she was ready to make her statement, then to go ahead and do it. She decided to come in today to make her statement. No one made any threats or promises for her to come in to make a statement. She came in voluntarily.

I asked her if here was anything else she would like to add. She stated (hat it was all on camera for me to see and she believed that she had covered everything.

It should be noted that I did not have an opportunity to review the video surveillance footage from Zen Leaf prior to this interview. The order of events in this report is written the way in which I interpreted her story to unfold. It may differ from the actual footage solely due to my interpretation, and therefore it should not reflect on [redacted] recollection or telling of events.

I escorted [redacted] back to the front desk. As we were walking [redacted] made mention to me hat she was aware of a lawsuit, which had been filed by LAURA, against [redacted] and also the Zen Leaf. I thanked her for her lime and cooperation with this investigation.

I archived the interview on three different DVDs, one for each media used to record this interview. The DVDs were labeled, packaged, and turned over to evidence locker 018.

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