MARION - Williamson County State's Attorney Charles Garnati said Friday morning at a press conference he was "shocked" that county deputy Shaunn Curry was not arrested and charged with DUI by the state police after reading a report forwarded to him Jan. 7 by District 13 Commander Michael Irwin.

Curry is alleged to have left the scene of a traffic crash at the intersection of Illinois 13 and Norman Road in Marion last month. The state police interviewed both Curry and a witness and followed up by citing Curry for disobeying a traffic control device and leaving the scene of an accident. The state police did not cite Curry for DUI, nor was he asked to submit to breath or field sobriety tests.

"There was clear overwhelming evidence (based on the statement from the witness) for probable cause," Garnati said. "So I called Commander Irwin and told him to go out and write officer Curry a DUI ticket. I'm the one who had to make the decision."

Garnati said his office will prosecute Curry "just like anyone else" for DUI.

"There will be no special deals because he is a sheriff's department deputy. And Sheriff (Tom) Cundiff has supported me from the very beginning."

First-time DUI offenders typically receive court supervision for a month if convicted in Williamson County. They are also subject to fines and various court costs.

Moreover, offenders must submit to an alcohol evaluation. It is also customary to have one's driver's license suspended for a period of time. But because Curry was not asked to take breath or field sobriety tests, Garnati was told by an official with the Secretary of State's office that Curry, who was off duty at the time of the accident, will not have his driver's license suspended.

"That's a bad policy and should be changed," Garnati said. "To me, running away from the scene of an accident should be the same as a refusal to take a breathylizer test."

Cundiff said Curry, a sergeant and 18-year veteran of the department, has "been a good officer" and has "done so much more than write traffic tickets," even though it doesn't excuse his actions.

He said Curry remains away from work on paid leave.

Not only does Curry face prosecution by the county, Cundiff said, but he must also go through an administrative procedure or internal investigation, which is sometimes less forgiving because of the position he holds.