For the Record Archives for 2023-09

Christian County Court Cases 9/29/23

The following cases were heard on September 29th, 2023:

 

Andrew Calvert: Parties present by counsel. 402 conference conducted. Defendant present with Public Defender and State's Attorney present. By agreement, pretrial hearing continued to 12/15/23 at 10 a.m.

 

David Crutcher: Defendant present in custody and in person. State's Attorney present. Case called for hearing on pending motions.The State filed a petition for detention under 725 ILCS 5/110-6.1. Defendant filed a motion to strike the State's motion. Defendant filed a motion to remove monetary conditions of bail pursuant to 725 ILCS 5/110-7.5(b) and 725 ILCS 5/110-5(e).
Regarding the motion to strike the motion for pretrial detention, 725 ILCS 5/110-6.1(c)(1) requires the State to file a detention petition at the time of the first appearance before a judge if the defendant has been detained or within 21 days of arrest and release if the defendant has not been detained. Since the defendant is in custody and already made a first appearance before a judge, defendant argues the State is precluded from seeking detention.
The legislature passed a trailer bill adding 725 ILCS 5/110-7.5 to address retroactive application of the Pretrial Fairness Act to defendants who were in custody and had not posted cash bond when the law took effect on September 18, 2023. Section 110-7.5(a) states [t]his Section shall not limit the State's Attorney's ability to file a verified petition for detention under Section 110-6.1 or a petition for revocation or sanctions under Section 110-6. The State argues this language permits it to file detention or sanction petitions even though defendant has already appeared before a judge and has not been released from custody. The plain language of these statutes read together clearly permits
the State to file a petition for detention if it complies with 725 ILCS 5/110-6.1. Since Defendant has already appeared before a judge, the State's petition for detention is not timely. Defendant's motion to strike the petition for detention is granted.
Regarding Defendant's motion motion to remove monetary conditions of bail pursuant to 725 ILCS 5/110-7.5(b) and 725 ILCS 5/110-5(e), Defendant focuses on paragraph one of section 7.5(b) which states [o]n or after January 1, 2023, any person who remains in pretrial detention after having been ordered released with pretrial conditions, including the condition of depositing security, shall be entitled to a hearing under subsection (e) of Section 110-5. Section 110-5(e) entitles defendant to a hearing within 48 hours of the filing of a petition to reconsider pretrial release conditions and requires the court to remove any release conditions a defendant cannot satisfy for financial reasons which would include posting cash bond.
Essentially, Defendant claims he cannot afford to post cash bond and therefore, pursuant to section 110-5(e), the Court must release him from custody after a hearing within 48 hours of filing the motion to reconsider. Further, since Defendant's motion to strike the detention petition was granted, Defendant claims he must be released without the possibility of further detention. The crux of Defendant's position is then that within 48 hours of the filing of a petition to reconsider pretrial release conditions, all defendants in custody with a cash bond on September 18, 2023, must be released from custody regardless of whether the offense is detainable under the PFA. Paragraph 2 of section 110-7.5(b) provides in pertinent part that [o]n or after January 1, 2023, any person, not subject to subsection (b), who remains in pretrial detention and is eligible for detention under Section 110-6.1 shall be entitled to a hearing according to the following schedule . . . (emphasis added). The schedule grants defendant a hearing within: 90 days of the filing of a motion for reconsideration of pretrial release conditions if charged with an offense under paragraphs (1) through (7) of subsection (a) of Section 110-6.1; 60 days of the filing of a motion for reconsideration of pretrial release conditions if charged with an offense under paragraph (8) of subsection (a) of Section 110-6.1; and 7 days all other offenses not listed in subsection (a) of Section 110-6.1.
Defendant claims paragraph 2 of section 110-7.5 does not apply because defendant is subject to subsection (b), paragraph one, and is therefore, entitled to a hearing within 48 hours of the filing of a motion for reconsideration of pretrial release conditions. The Court must construe section 110-7.5 to determine the legislative intent regarding application of the PFA to defendants in custody with cash bonds on September 18, 2023.
The cardinal rule in interpreting a statute is to give effect to the intent of the legislature. The language of the statute is the best and most reliable indicator of the legislature's intent. Where the language is plain and unambiguous, this Court must not read into it exceptions, limitations, or other conditions. However, where the statutory language is ambiguous, the Court may look beyond the language and resort to further aids of statutory construction. People v. Fort, 2017 IL 118966, 20, 88 N.E.3d 718, 72324. In addition to examining the statutory language, the Court may discern legislative intent by considering the purpose and necessity for the law, the evils sought to be remedied, and goals to be achieved. People ex rel. Sherman v. Cryns, 203 Ill.2d 264, 280, 271 Ill.Dec. 881, 786 N.E.2d 139 (2003). Legislative intent can be ascertained from a consideration of the entire Act, its nature, its object and the consequences that would result from construing it one way or the other.' Fumarolo v. Chicago Board of Education, 142 Ill.2d 54, 96, 153 Ill.Dec. 177, 566 N.E.2d 1283 (1990)). Throughout this process, this Court presumes that the legislature did not intend absurdity, inconvenience, or injustice. Id. People v. Fort, 2017 IL 118966, 20, 88 N.E.3d 718, 72324.
The Court determines section 110-7.5(b) is not plain and unambiguous, and therefore, this Court can consider other aids of statutory construction beyond the statutory language. Paragraph 2 of section 110-7.5(b) is clearly ambiguous, as it only purports to apply to defendants that are not subject to subsection (b). Yet, that language is also part of subsection (b). Construing section 110-7.5(b) as Defendant argues would essentially render paragraph 2 of section 110-7.5(b) meaningless, as it would only apply to defendants being held without bond. If that was the legislative intent, why create a schedule for hearing motions to reconsider conditions of pretrial release based upon the type of offense and whether is was detainable? The Court cannot fathom a scenario where a defendant charged with a non-detainable offense would ever be held without bond.
Considering the purpose and necessity for the law, the evils sought to be remedied, and goals to be achieved it is clear the legislature intended to set a schedule to hear these motions to reconsider based upon whether the offense charged was detainable or not. The overall goal of the PFA was to detain defendants who pose a danger to the community or others or who are a danger of willful flight from prosecution and release those who did not meet those criteria.
Reading this section as defendant argues would frustrate the legislative intent and effectively release all defendants in custody who could not afford to post bond within 48 hours of the filing of a motion to reconsider pretrial release conditions regardless of the seriousness of the offense and whether the defendant was subject to detention.
Such an interpretation would produce absurd and unjust results and would further violate the legislative goal of protecting the community. For example, if a defendant was charged with murder on September 17, 2023, and was granted pretrial release subject to the posting of cash bond, and the defendant filed a motion to reconsider pretrial release conditions on September 18, 2023, the Court would have to hold a hearing on that motion by September 20, 2023, and if the defendant proved he was financially unable to post bond, the Court would be obligated to release the defendant from custody without even being subject to a detention petition. Whereas a defendant charged with murder on September 18, 2023, would be subject to a detention petition, and if detained could not be released before being in custody for at least 90 days. Clearly, the legislature did not intend such an absurd result.
The Court's interpretation is also more in line with the legislative intent as expressed in 725 ILCS 5/110-6.1(i) which requires all detained defendants to be brought to trial within 90 days of the
entry of the detention order or they would have to be released from detention. The Court's  interpretation would require defendants in custody who are subject to section 110-7.5 to be tried within 90 days of the filing of the motion to modify pretrial release conditions or be released from custody.
In summary, the Court determines that 725 ILCS 5/110-7.5(b) requires the court to hold a hearing on defendant's motion to modify pretrial release conditions in accordance with the schedule set forth in paragraph 2 of that section. Since defendant is being held on a detainable offense, he is not entitled to a hearing on his pending motion to remove monetary conditions of bail within 48 hours. Instead, such hearing must be held within 90 days of the filing of the motion. Accordingly, this Court sets the motion for hearing on 12-11-23 at 10 a.m. Pretrial hearing set 11/17/23 at 10 a.m.

 

Vanessa Esparza: Defendant present with counsel and State's Attorney present. By agreement, preliminary hearing scheduled for 11/16/23 at 10 a.m.

 

Charles Peterson: Defendant present with Public Defender and Stat'e sAttorney present. By agreement, pretrial hearing continued to 10/6/23 at 10 a.m. TC referral pending and Defendant has completed all evaluations.

 

Kameron Townsend: Defendant present pro se and State's Attorney present. Defendant admonished regarding charges, penalties, and rights. By agreement, Public Defender appointed to represent Defendant. First appearance with counsel scheduled for 11/21/23 at 10 a.m.

 

Lester Ward: Parties present by counsel. Status of furlough scheduled for 10/6/23 at 10 a.m.

 

Dennis Wilcutt: Defendant present in person in custody with Assistant Public Defender Grigsby, was appointed o represent him. State's Attorney present. Defenant admonished regarding charges and possible penalties, including extended term sentencing eligibility, even though that is not referenced in the information. Proffer made. Probable cause found for the arrest of Defendant. Preliminary hearing scheduled for 10/5/23 at 10 a.m.

Christian County Court Cases 9/28/23

The following cases were heard on September 28th, 2023:

 

Joshua Bain: Defendant present with Public Defender and Stat'e sAttorney present. By agreement, pretrial hearing continued to 10/26/23 at 10 a.m.

 

Wyatt Batty: Defendant present remotely with Assistatnt Public Defender Grigsby and State's Attorney present. By agreement, Defendant admits certain allegations in the petition to revoke. See admission filed 8/16/23. By agreement, second chance probation revoked. Judgment of conviction entered. Bond to apply. By agreement, Defendant ordered to pay $25 per month, starting on 10/1/23. Pay or appear hearing scheduled for 1/10/24 at 9 a.m. Defendant need not appear if current ($100) or paid in full. See written orders. Defendant provided updated address.

 

Cheri Cott: Parties present by counsel. State withdraws petition to revoke pretrial release. State to file petition for sanctioins to have summons issued.

 

Aaron Davis: Defendant present wiht Public Defender and State's Attorney present. By agreement, pretrial hearing continued to 11/30/23 at 10 a.m. Defendant made a counteroffer today and the State wants to confer with the alleged victim. Matter is not resolved at the next hearing, it will be set for trial.

 

Jacob Melton: Defendant present with Public Defender and State's Attorney present. Defendant knowingly and voluntarily waives preliminary hearing. See written waiver. Defendant waives arraingnment, pleads not guilty, and demands trial by jury. Pretrial hearing scheduled for 11/30/23 at 10 a.m.

Marriages In Christian County

The following marriages were submitted to Regional Radio News;

 

09/02/2023

CLAYTON MICHAEL KAUFFMAN – ASSUMPTION, IL

CHELSEA NICOLE EVERSOLE – ASSUMPTION, IL

 

09/09/2023

ZACHARY RYANE KEEENE – FAIRVIEW HEIGHTS, IL

NICHOLETTE PAIGE NIGGEMEYER – FAIRVIEW HEIGHTS, IL

 

09/14/2023

HEATHER LOUANN BAUGHN – TAYLORVILLE, IL

KORTNEE RUTH CLECKLER BAUGHN – TAYLORVILLE, IL

 

09/16/2023

MARK ALAN LUNIK – MORRISONVILLE, IL

LISA MARIE COSTELLO – MORRISONVILLE, IL

 

09/16/2023

JOSHUA SHANE NICOL – TAYLORVILLE, IL

TAMMY ANN ROGERS – TAYLORVILLE, IL

 

09/16/2023

IAN MICHAEL BROWN – DALTON CITY, IL

CHERYL SIERA ARRIOLA – DALTON CITY, IL

 

09/16/2023

JACOB JOSEPH SCHWENT – STONINGTON, IL

OLIVIA PAIGE GRAHAM – TAYLORVILLE, IL

 

09/18/2023

JOESPH MICHAEL SOUTH – PANA, IL

ALLYSHA MARIE TOOHEY – PANA, IL 

Christian County Court Cases 9/26/23

The following cases were heard on September 26th, 2023:

 

Cheri Cott: Defendant present with Public Defender and state's Attorney present. By agreement, pretrial hearing continued to 11/21/23 at 10 a.m in person. Defendant ordered to report to office of statewide pretrial services and submit to drug testing before 11:30 a.m. today. OSPS officer directed to file results with the court and provide copies to counsel of record.

 

Nicholas Cox: Defendant fails to appear. Notice to appear to issue for 10/2/23 at 10 a.m.

 

Brandon Giddons: Defendant present with Public Defender an dState's Attorney present. Negotiated plea presented and approved by the Court, whereby Defendant pleads guilty to the charge of retail theft. Judgment of conviction entered. By agreement, Defendant sentenced to 30 months in the Department of Corrections followed by six months of mandatory supervised release with credit for time served at 181 days. Defendant assessed a fine and assessments as set forth in the financial sentencing order Waiver granted of assessments based upon certificate of the Public Defender. See written orders.

 

Ashley Layton: Defendant present with counsel and State's Attorney present. By agreement, pretrial hearing continued to 11/20/23 at 10 a.m.

 

Noah Merrifield: Defendant present with Public Defender and State's Attorney present. By agreement, case continued for presentation of negotiated plea on 10/2/23 at 10 a.m. First offender probation offer accepted.

 

Thomas Merrifield: Defendant fails to appear. Notice to appear to issue for 10/2/23 at 10 a.m.

 

James Middleton: Defendant present with counsel and State's ttorney present. By agreement, final pretrial hearing scheduled for 11/21/23 at 1:15 p.m. Jury trial scheduled for 12/4/23 at 8:30 a.m. Both hearing ares are in person. Parties ordered to file pretrial motions at least 30 days before the jury trial to be heard at the final pretrial hearing. Trial in abstentia admonition given.

 

Nathan Redman: Defendant present with counsel and State's Attorney present. By agreement, final pretrial hearing scheduled for 12/12/23 at 1:15 p.m. Jury trial scheduled for 1/2/23 at 8:30 a.m. Both hearings are in person. Parties ordered to file pretrial motions at least 30 days before the jury trial to be heard at the final pretrial hearing. Trial in abstentia admonition given.

 

Robert Spruill: Defendant fails to appear. Warrant to issue with no bond over objection of APD Grigsby. Geographic limits of the warrant are Christian County and surrounding counties. State to file petition for sanctions or to revoke pretrial release.

 

James Williams: Defendant present with counsel and State's Attorney present. By agreement, case continued for presentation of negotiated plea 11/21/23 at 10 a.m. in person.

 

Timothy Wiseman: Defendant present in person pro se and advises he is financially unable to hire private counsel. By PD Rahar appointed to represent Defendant . State's Attorney as a conflict of interest and will file a petition for the appointment of special prosecutor. First appearance with counsel scheduled for in person hearing on on 10/27/23 at 10 a.m. Defendant given contact information for his counsel and instructed to contact him.

Christian County Court Cases 9/25/23

The following cases were heard on September 25th, 2023:

 

Joseph Auman: Defendant present in person and in custody with PD Herkert, who is appointed to represent Defendant for the entirety of this case by agreement. State's Attorney Present. Defendant admonished regarding charges and possible penalties and the petition to detain. State tendered a proffer over the weekend which the Court reviewed and found probable cause for the initial detention of Defendant. Defendant objects to the petition to deny pretrial release in its present form because it does not allege specific facts upon which it is based. State granted leave to file amended petition to comply with 725 ILCS 5/100-6.1(d)(1) by 10 a.m on 9/26/23. State has tendered all required information to Defendant in its possession, but has not tendered witness statements still in possession of the police. State ordered to tender remaining and required information by 9/25/23 at 4 p.m. State makes a motion to continue hearing on the petition to deny pretrial release. Motion granted for reasons stated on the record. Hearing on that petition and preliminary hearing continued to 9/26/23 at 1 p.m.

 

Ashley Bain: Defendant present in person and in custody with Public defender and State's Attorney present. Case called for first appearance with counsel, preliminary hearing, and hearing on State's petition to deny pretrial release, and pretrial release conditions. Chief Wheeler sworn and testifies. Arguments heard. For reasons stated on the record, the court finds probable cause, but does not find that the State has met its burden of proof with respect to the petition to deny pretrial release. The court does find that statutory and additional conditions of release are appropriate for reasons stated on the record. Pretrial release order and home detention order entered. See written orders. Defendant has a parole warrant and will be taken into custody by the Department of Corrections today. In person writ to issue or all hearings. Defendant waives arraignment, pleads not guilty, and demands trial by jury. Pretrial hearing scheduled for 10/30/23 at 10 a.m. Final pretrial hearing scheduled for 11/21/23 at 1:15 p.m. Jury trial scheduled for 12/04/23 at 8:30 a.m.

 

Joshua Bland: Defendant present in custody and in person with Assistant PD Grigsby and State's Attorney present. Case called for hearing on all pending motions. The State filed a petition for detention under 725 ILCS 5/110-6.1 and a petition for revocation and/or petition for sanctions pursuant to 725 ILCS 5/110-6. Defendant filed a motion to strike the State's motion. Defendant filed a motion to remove monetary conditions of bail pursuant to 725 ILCS 5/110-7.5(b) and 725 ILCS
5/110-5(e).
The State withdraws its petition for detention. Regarding the motion to strike the petition for revocation of pretrial release or petition for sanctions, 725 ILCS 5/110-6 provides that if a defendant has been granted pretrial release under this section and violates any conditions of release, the State may file a petition to revoke pretrial release or for sanctions, depending on the charge and the alleged violation. Since defendant is in custody on a bond and has not been released, defendant claims the State cannot seek revocation or sanctions.
The legislature passed a trailer bill adding 725 ILCS 5/110-7.5 to address retroactive application of the Pretrial Fairness Act to defendants who were in custody and had not posted cash bond when the law took effect on September 18, 2023. Section 110-7.5(a) states [t]his Section shall not limit the State's Attorney's ability to file a verified petition for detention under Section 110-6.1 or a petition for revocation or sanctions under Section 110-6. The State argues this language permits it to file detention or sanction petitions even though defendant has already appeared before a judge and has not been released from custody. The plain language of these statutes read together clearly permits
the State to file a petition for revocation or sanctions, as long as they comply with 725 ILCS 5/110-6 and 725 ILCS 5/110-6.1. Since Defendant has not been released under 725 ILCS 5/110-6, the State's petitions for for revocation is not timely. Defendant's motion to strike that petition is granted.
Regarding Defendant's motion motion to remove monetary conditions of bail pursuant to 725 ILCS 5/110-7.5(b) and 725 ILCS 5/110-5(e), Defendant focuses on paragraph one of section 7.5(b) which states [o]n or after January 1, 2023, any person who remains in pretrial detention after having been ordered released with pretrial conditions, including the condition of depositing security, shall be entitled to a hearing under subsection (e) of Section 110-5. Section 110-5(e) entitles defendant to a hearing within 48 hours of the filing of a petition to reconsider pretrial release conditions and requires the court to remove any release conditions a defendant cannot satisfy for financial reasons which would include posting cash bond.
Essentially, Defendant claims he cannot afford to post cash bond and therefore, pursuant to section 110-5(e), the Court must release him from custody after a hearing within 48 hours of filing the motion to reconsider. Further, since Defendant's motion to strike the detention and sanction petitions was granted, Defendant claims he must be released without the possibility of further detention and without any further modification of release conditions or sanctions. The crux of Defendant' position is then that within 48 hours of the filing of a petition to reconsider pretrial release conditions, all defendants in custody with a cash bond on September 18, 2023, must be released from custody regardless of whether the offense is detainable under the PFA. Paragraph 2 of section 110-7.5(b) provides in pertinent part that [o]n or after January 1, 2023, any person, not subject to subsection (b), who remains in pretrial detention and is eligible for detention under Section 110-6.1 shall be entitled to a hearing according to the following schedule . . . (emphasis added). The schedule grants defendant a hearing within: 90 days of the filing of a motion for reconsideration of pretrial release conditions if charged with an offense under paragraphs (1) through (7) of subsection (a) of Section 110-6.1; 60 days of the filing of a motion for reconsideration of pretrial release conditions if charged with an offense under paragraph (8) of subsection (a) of Section 110-6.1; and 7 days all other offenses not listed in subsection (a) of Section 110-6.1.
Defendant claims paragraph 2 of section 110-7.5 does not apply because defendant is subject to subsection (b), paragraph one, and is therefore, entitled to a hearing within 48 hours of the filing of a motion for reconsideration of pretrial release conditions. The Court must construe section 110-7.5 to determine the legislative intent regarding application of the PFA to defendants in custody with cash bonds on September 18, 2023.
The cardinal rule in interpreting a statute is to give effect to the intent of the legislature. The language of the statute is the best and most reliable indicator of the legislature's intent. Where the language is plain and unambiguous, this Court must not read into it exceptions, limitations, or other conditions. However, where the statutory language is ambiguous, the Court may look beyond the language and resort to further aids of statutory construction. People v. Fort, 2017 IL 118966, 20, 88 N.E.3d 718, 72324. In addition to examining the statutory language, the Court may discern legislative intent by considering the purpose and necessity for the law, the evils sought to be remedied, and goals to be achieved. People ex rel. Sherman v. Cryns, 203 Ill.2d 264, 280, 271 Ill.Dec. 881, 786 N.E.2d 139 (2003). Legislative intent can be ascertained from a consideration of the entire Act, its nature, its object and the consequences that would result from construing it one way or the other.' Fumarolo v. Chicago Board of Education, 142 Ill.2d 54, 96, 153 Ill.Dec. 177, 566 N.E.2d 1283 (1990)). Throughout this process, this Court presumes that the legislature did not intend absurdity, inconvenience, or injustice. Id. People v. Fort, 2017 IL 118966, 20, 88 N.E.3d 718, 72324.
The Court determines section 110-7.5(b) is not plain and unambiguous, and therefore, this Court can consider other aids of statutory construction beyond the statutory language. Paragraph 2 of section 110-7.5(b) is clearly ambiguous, as it only purports to apply to defendants that are not subject to subsection (b). Yet, that language is also part of subsection (b). Construing section 110-7.5(b) as Defendant argues would essentially render paragraph 2 of section 110-7.5(b) meaningless, as it would only apply to defendants being held without bond. If that was the legislative intent, why create a schedule for hearing motions to reconsider conditions of pretrial release based upon the type of offense and whether is was detainable? The Court cannot fathom a scenario where a defendant charged with a non-detainable offense would ever be held without bond. Considering the purpose and necessity for the law, the evils sought to be remedied, and goals to be achieved it is clear the legislature intended to set a schedule to hear these motions to reconsider based upon whether the offense charged was detainable or not. The overall goal of the PFA was to detain defendants who pose a danger to the community or others or who are a danger of willful flight from prosecution and release those who did not meet those criteria.
Reading this section as defendant argues would frustrate the legislative intent and effectively release all defendants in custody who could not afford to post bond within 48 hours of the filing of a motion to reconsider pretrial release conditions regardless of the seriousness of the offense and whether the defendant was subject to detention. Such an interpretation would produce absurd and unjust results and would further violate the legislative goal of protecting the community. For example, if a defendant was charged with murder on September 17, 2023, and was granted pretrial release subject to the posting of cash bond, and the defendant filed a motion to reconsider pretrial release conditions on September 18, 2023, the Court would have to hold a hearing on that motion by September 20, 2023, and if the defendant proved he was financially unable to post bond, the
Court would be obligated to release the defendant from custody without even being subject to a detention petition. Whereas a defendant charged with murder on September 18, 2023, would be subject to a detention petition, and if detained could not be released before being in custody for 90 days. Clearly, the legislature did not intend such an absurd result.
The Court's interpretation is also more in line with the legislative intent as expressed in 725 ILCS 5/110-6.1(f) which requires all detained defendants to be brought to trial within 90 days of the
entry of the detention order or they would have to be released from detention. The Court's interpretation would require defendants in custody who are subjection section 110-7.5 also be tried within 90 days of the filing of the motion to modify pretrial release
conditions or be released from custody. In summary, the Court determines that 725 ILCS 5/110-7.5(b) requires the court to hold a hearing on defendant's motion to modify pretrial release conditions in accordance with the schedule set forth in paragraph 2 of that section. Since defendant is not being held on a detainable offense, he is entitled to a hearing on his pending motion to remove monetary conditions of bail within 7 days. 725 ILCS 5/110-5(e) motion to reconsider pretrial release conditions hearing conducted. For reasons stated on the record, the Court finds defendant remains in detention solely because he cannot afford to post cash bond. As such, the condition of cash bond is stricken. The Court finds other conditions of release appropriate for reasons stated on the record. See written order. Treatment court referral remains pending and will be staffed this week. State objects to treatment court. Pretrial hearing set 10/5/23 at 10 a.m. Parties admonsihed on appeal rights.

 

Patricia Hornbuckle: Special Prosecutor Mathis for the People; Defendant present in open court with Attorney Erickson. Proceed on Preliminary hearing; State calls TPD Detective Christopher Adams who is sworn and testifies. Court subjects witness to cross-examination; Court finds probable cause exist to hold Defendant over for trial. Defendant waives Formal Arraignment and enters a plea of not guilty and jury trial demand. Matter reset for Pretrial Hearing only on 11/27/23 at 11:30 a.m. Petition to modify Bail Bond granted; Defendant can leave State for purposes of travel without further order of Court.

 

Ace Kobe: Defendant present with Public Defender and State's Attorney present. Defendant knowingly and voluntarily waives preliminary hearing. See written waiver to follow. Defendant waives arraignment, pleads not guilty, and demands trial by jury. Pretrial hearing scheduled for 11/03/23 at 10 a.m. State to make plea offer and answer discovery.

Christian County Court Cases 9/21/2023

The following cases were heard on September 21st, 2023:

 

Robert Abberley: Defendant fails to appear. Notice to appear to issue for 10-26-23 aT 10 A.M. for status in person.

 

Kyle Adler: Defendant present in custody with PD Senger and State's Attorney present. The State filed a petition for detention under 725 ILCS 5/110-6.1. Defendant filed a motion to strike the State's motion. Regarding the motion to strike the motion for pretrial detention, 725 ILCS 5/110-6.1(c)(1) requires the State to file a detention petition at the time of the first appearance before a judge if the defendant has been detained or within 21 days of arrest and release if the defendant has not been detained. Since the defendant is in custody and already made a first appearance before a judge, defendant argues the State is precluded from seeking detention. The legislature passed a trailer bill adding 725 ILCS 5/110-7.5 to address retroactive application of the Pretrial Fairness Act to defendants who were in custody and had not posted cash bond when the law took effect on September 18, 2023. Section 110-7.5(a) states "[t]his Section shall not limit the State's Attorney's ability to file a verified petition for detention under Section 110-6.1 or a petition for revocation or sanctions under Section 110-6." The State argues this language permits it to file detention or sanction petitions even though defendant has already appeared before a judge and has not been released from custody. The plain language of these statutes read together clearly permits the State to file a petition for detention if it complies with 725 ILCS 5/110-6.1. Since Defendant has already appeared before a judge, the State's petition for detention is not timely. Defendant's motion to strike the petition for detention is granted. Second Motion to Strike State's Verified Petition to Deny Defendant's Pretrial Release filed by the Public Defender.

 

Nikolas Allen: Defendant present with Public Defender and State's Attorney present. By agreement, pretrial hearing continued to 11-20-23 at 10 a.m.

 

Ashley Bain: Defendant present by Public defender is appointed to represent her and State's Attorney present. First appearance with counsel and hearing on the petition for detention scheduled for 9/22/2023 at 10 AM.

 

Dustin Cline: Defendasnt present in open court with PD Senger and State's Attorney present. Case called for hearing on Defendant's motion to strike State's petition to revoke pretrial release. Arguments heard. Motion granted for reasons stated on the record. State files verified petition to deny pretrial release in open court. Defendant granted leave to file motion to strike that petition. Hearing on those petitions and preliminary scheduled for in person hearing on 09/22/2023 at 10 AM. 

 

David Crutcher: Parties present by counsel. Hearing on all pending motions continued generally. Second Motion To Strike State's Verified Petition to Deny Defendant's Pretrial Release filed by the Public Defender.

 

Russell Chushing: Defendant present in custody with Assistant Public defender Grigsby and State's Attorney present. Case called for hearing on Defendant's motion to remove monetary condition of pretrial release. Arguments heard. State confesses motion. By agreement, Defendant ordered released from custody subject to the terms of the conditions of pretrial release order entered today for reasons stated on the record. Case remains set for pretrial on 11/30/2023 at 9 AM.

 

Brian Dailey: Defendant present with PD Senger, who is appointed to represent Defendant and State's Attorney present. Defendant waives arraignment, denies the allegations in the Petition to Revoke. In person hearing on the petition to revoke scheduled for 10/27/2023 at 1:15 PM. Defendant admonished regarding hearing his absence if he fails to appear.

 

Michael Droke: Defendant present with PD Herkert, who is appointed to represent Defendant, and State's Attorney present. Defendant waives arraignment, denies the allegations in the Petition to Revoke. Hearing on the petition to revoke scheduled for in person hearing on 10/27/2023 at 1:15 p.m.

 

Dean Ellis: Defendant present in person in custody with PD Senger and State's Attorney present.The State filed a petition for detention under 725 ILCS 5/110-6.1. Defendant filed a motion to strike the State's motion. Defendant filed a "motion to remove monetary conditions of bail" pursuant to 725 ILCS 5/110-7.5(b) and 725 ILCS 5/110-5(e). Regarding the motion to strike the motion for pretrial detention, 725 ILCS 5/110-6.1(c)(1) requires the State to file a detention petition at the time of the first appearance before a judge if the defendant has been detained or within 21 days of arrest and release if the defendant has not been detained. Since the defendant is in custody
and already made a first appearance before a judge, defendant argues the State is precluded from seeking detention. The legislature passed a trailer bill adding 725 ILCS 5/110-7.5 to address retroactive application of the Pretrial Fairness Act to defendants who were in custody and had not posted cash bond when the law took effect on September 18, 2023. Section 110-7.5(a) states "[t]his Section shall not limit the State's Attorney's ability to file a verified petition for detention under Section 110-6.1 or a petition for revocation or sanctions under Section 110-6." The State argues this language permits it to file detention or sanction petitions even though defendant has already appeared before a judge and has not been released from custody. The plain language of these statutes read together clearly permits the State to file a petition for detention if it complies with 725 ILCS 5/110-6.1. Since Defendant has already appeared before a judge, the State's petition for detention is not timely. Defendant's motion to strike the petition for detention is granted.
Regarding Defendant's motion "motion to remove monetary conditions of bail" pursuant to 725 ILCS 5/110-7.5(b) and 725 ILCS 5/110-5(e), Defendant focuses on paragraph one of section 7.5(b) which states "[o]n or after January 1, 2023, any person who remains in pretrial detention after having been ordered released with pretrial conditions, including the condition of depositing security, shall be entitled to a hearing under subsection (e) of Section 110-5." Section 110-5(e) entitles defendant to a hearing within 48 hours of the filing of a petition to reconsider pretrial release conditions and requires the court to remove any release conditions a defendant cannot satisfy for financial reasons which would include posting cash bond. Essentially, Defendant claims he cannot afford to post cash bond and therefore, pursuant to section 110-5(e), the Court must release him from custody after a hearing within 48 hours of filing the motion to reconsider. Further, since Defendant's motion to strike the detention petition was granted, Defendant claims he must be released without the possibility of further detention. The crux of Defendant's position is then that within 48 hours of the filing of a petition to reconsider pretrial release conditions, all defendants in custody with a cash bond on September 18, 2023, must be released from custody regardless of whether the offense is detainable under the PFA. Paragraph 2 of section 110-7.5(b) provides in pertinent part that "[o]n or after January 1, 2023, any person, not subject to subsection (b), who remains in pretrial detention and is eligible for detention under Section 110-6.1 shall be entitled to a hearing according to the following schedule . . ." (emphasis added). The schedule grants defendant a "hearing" within: 90 days of the filing of a motion for reconsideration of pretrial release conditions if charged with an offense under paragraphs (1) through (7) of subsection (a) of Section 110-6.1; 60 days of the filing of a motion for reconsideration of pretrial release conditions if charged with an offense under paragraph (8) of subsection (a) of Section 110-6.1; and 7 days all other offenses not listed in subsection (a) of Section 110-6.1. Defendant claims paragraph 2 of section 110-7.5 does not apply
because defendant is "subject to subsection (b)," paragraph one, and is therefore, entitled to a hearing within 48 hours of the filing of a motion for reconsideration of pretrial release conditions. The Court must construe section 110-7.5 to determine the legislative intent regarding application of the PFA to defendants in custody with cash bonds on September 18, 2023." The cardinal rule in interpreting a statute is to give effect to the intent of the legislature. The language of the statute is the best and most reliable indicator of the legislature's intent. Where the language is plain and unambiguous, this Court must not read into it exceptions, limitations, or other conditions. However, where the statutory language is ambiguous, the Court may look beyond the language and resort to further aids of statutory construction. People v. Fort, 2017 IL 118966, 20, 88 N.E.3d 718, 723-24. In addition to examining the statutory language, the Court may discern legislative intent by considering "the purpose and necessity for the law, the evils sought to be remedied, and goals to be achieved." People ex rel. Sherman v. Cryns, 203 Ill.2d 264, 280, 271 Ill.Dec. 881, 786 N.E.2d 139 (2003). " 'Legislative intent can be ascertained from a consideration of the entire Act, its nature, its object and the consequences that would result from construing it one way or the other.' " Fumarolo v. Chicago Board of Education, 142 Ill.2d 54, 96, 153 Ill.Dec. 177, 566 N.E.2d 1283 (1990)). Throughout this process, this Court presumes that the legislature did not intend absurdity, inconvenience, or injustice. Id. People v. Fort, 2017 IL 118966, 20, 88 N.E.3d 718, 723-24. The Court determines section 110-7.5(b) is not plain and unambiguous, and therefore, this Court can consider other aids of statutory construction beyond the statutory language. Paragraph 2 of section 110-7.5(b) is clearly ambiguous, as it only purports to apply to defendants that are not "subject to subsection (b)." Yet, that language is also part of "subsection (b)." Construing section 110-7.5(b) as Defendant argues would essentially render paragraph 2 of section 110-7.5(b) meaningless, as it would only apply to defendants being held without bond. If that was the legislative intent, why create a schedule for hearing motions to reconsider conditions of pretrial release based upon the type of offense and whether is was detainable? The Court cannot fathom a scenario where a defendant charged with a non-detainable offense would ever be held without bond. Considering "the purpose and necessity for the law, the evils sought to be remedied, and goals to be achieved" it is clear the legislature intended to set a schedule to hear these motions to reconsider based upon whether the offense charged was detainable or not. The overall goal of the PFA was to detain defendants who pose a danger to the community or others or who are a danger of willful flight from prosecution and release those who did not meet those criteria. Reading this section as defendant argues would frustrate the legislative intent and effectively release all defendants in custody who could not afford to post bond within 48 hours of the filing of a motion to reconsider pretrial release conditions regardless of the seriousness of the offense and whether the defendant was subject to
detention. Such an interpretation would produce absurd and unjust results and would further violate the legislative goal of protecting the community. For example, if a defendant was charged with murder on September 17, 2023, and was granted pretrial release subject to the posting of cash bond, and the defendant filed a motion to reconsider pretrial release conditions on September 18, 2023, the Court would have to hold a hearing on that motion by September 20, 2023, and if the defendant proved he was financially unable to post bond, the Court would be obligated to release the defendant from custody without even being subject to a detention petition. Whereas a defendant charged with murder on September 18, 2023, would be subject to a detention petition, and if detained could not be released before being in custody for at least 90 days. Clearly, the legislature did not intend such an absurd result. The Court's interpretation is also more in line with the legislative intent as expressed in 725 ILCS 5/110-6.1(i) which requires all detained defendants to be brought to trial within 90 days of the entry of the detention order or they would have to be released from detention. The Court's interpretation would require defendants in custody who are subject to section 110-7.5 to be tried within 90 days of the filing of the motion to modify pretrial release conditions or be released from custody. In summary, the Court determines that 725 ILCS 5/110-7.5(b) requires the court to hold a hearing on defendant's motion to modify pretrial release conditions in accordance with the schedule set forth in paragraph 2 of that section. Since defendant is being held on a "detainable" offense, he is not entitled to a hearing on his pending motion to remove monetary conditions of bail within 48 hours. Instead, such hearing must be held within 90 days of the filing of the motion. Accordingly, this Court sets the motion for hearing on 12-11-23 at 10 a.m. Defendant admonished regarding his right to appeal. Final pretrial and jury trial dates remain as scheduled.

 

Jacob Garrett: Defendant fails to appear. Notice to appear to issue for 10/06/2023 at 10 a.m.

 

Anthony Holmes: Defendant present in custody with PD Senger and State's Attorney present. Defendant filed a "motion to remove monetary conditions of bail" pursuant to 725 ILCS 5/110-7.5(b) and 725 ILCS 5/110-5(e). The legislature passed a trailer bill adding 725 ILCS 5/110-7.5 to address retroactive application of the Pretrial Fairness Act to defendants who were in custody and had not posted cash bond when the law took effect on September 18, 2023. Regarding Defendant's motion "motion to remove monetary conditions of bail" pursuant to 725 ILCS 5/110-7.5(b) and 725 ILCS 5/110-5(e), Defendant focuses on paragraph one of section 7.5(b) which states "[o]n or after January 1, 2023, any person who remains in pretrial detention after having been ordered released with pretrial conditions, including the condition of depositing security, shall be entitled to a hearing under subsection (e) of Section 110-5." Section 110-5(e) entitles defendant to a hearing within 48 hours of the filing of a petition to reconsider pretrial release conditions and requires the court to remove any release conditions a defendant cannot satisfy for financial reasons which would include posting cash bond. Essentially, Defendant claims he cannot afford to post cash bond and therefore, pursuant to section 110-5(e), the Court must release him from custody after a hearing within 48 hours of filing the motion to reconsider. Further, since Defendant's motion to strike the detention and sanction petitions was granted, Defendant claims he must be released without the possibility of further detention and without any further modification of release conditions or sanctions. The crux of Defendant' position is then that within 48 hours of the filing of a petition to reconsider pretrial release conditions, all defendants in custody with a cash bond on September 18, 2023, must be released from custody regardless of whether the offense is detainable under the PFA. Paragraph 2 of section 110-7.5(b) provides in pertinent part that "[o]n or after January 1, 2023, any person, not subject to subsection (b), who remains in pretrial detention and is eligible for detention under Section 110-6.1 shall be entitled to a hearing according to the following schedule . . ." (emphasis added). The schedule grants defendant a "hearing" within: 90 days of the filing of a motion for reconsideration of pretrial release conditions if charged with an offense under paragraphs (1) through (7) of subsection (a) of Section 110-6.1; 60 days of the filing of a motion for
reconsideration of pretrial release conditions if charged with an offense under paragraph (8) of subsection (a) of Section 110-6.1; and 7 days all other offenses not listed in subsection (a) of Section
110-6.1. Defendant claims paragraph 2 of section 110-7.5 does not apply because defendant is "subject to subsection (b)," paragraph one, and is therefore, entitled to a hearing within 48 hours of the filing of a motion for reconsideration of pretrial release conditions. The Court must construe section 110-7.5 to determine the legislative intent regarding application of the PFA to defendants in custody with cash bonds on September 18, 2023. "The cardinal rule in interpreting a statute is to give effect to the intent of the legislature. The language of the statute is the best and most reliable indicator of the legislature's intent. Where the language is plain and unambiguous, this Court must not read into it exceptions, limitations, or other conditions. However, where the statutory language is ambiguous, the Court may look beyond the language and resort to further aids of statutory construction. People v. Fort, 2017 IL 118966, 20, 88 N.E.3d 718, 723-24. In addition to examining the statutory language, the Court may discern legislative intent by considering "the purpose and necessity for the law, the evils sought to be remedied, and goals to be achieved." People ex
rel. Sherman v. Cryns, 203 Ill.2d 264, 280, 271 Ill.Dec. 881, 786 N.E.2d 139 (2003). " 'Legislative intent can be ascertained from a consideration of the entire Act, its nature, its object and the consequences that would result from construing it one way or the other.' " Fumarolo v. Chicago Board of Education, 142 Ill.2d 54, 96, 153 Ill.Dec. 177, 566 N.E.2d 1283 (1990)). Throughout this process, this Court presumes that the legislature did not intend absurdity, inconvenience, or injustice. Id. People v. Fort, 2017 IL 118966, 20, 88 N.E.3d 718, 723-24. The Court determines section 110-7.5(b) is not plain and unambiguous, and therefore, this Court can consider other aids of statutory construction beyond the statutory language. Paragraph 2 of section 110-7.5(b) is clearly ambiguous, as it only purports to apply to defendants that are not "subject to subsection (b)." Yet, that language is also part of "subsection (b)." Construing section 110-7.5(b) as Defendant argues would essentially render paragraph 2 of section 110-7.5(b) meaningless, as it would only apply to defendants being held without bond. If that was the legislative intent, why create a schedule for hearing motions to reconsider conditions of pretrial release based upon the type of offense and whether is was detainable? The Court cannot fathom a scenario where a defendant charged with a non-detainable offense would ever be held without bond. Considering "the purpose and necessity for the law, the evils sought to be remedied, and goals to be achieved" it is clear the legislature intended to set a schedule to hear these motions to reconsider based upon whether the offense charged was detainable or not. The overall goal of the PFA was to detain defendants who pose a danger to the community or others or who are a danger of willful flight from prosecution and release those who did not meet those criteria. Reading this section as defendant argues would frustrate the legislative intent and effectively release all defendants in custody who could not afford to post bond within 48 hours of the filing of a motion to reconsider pretrial release conditions regardless of the seriousness of the offense and whether the defendant was subject to
detention. Such an interpretation would produce absurd and unjust results and would further violate the legislative goal of protecting the community. For example, if a defendant was charged with murder on September 17, 2023, and was granted pretrial release subject to the posting of cash bond, and the defendant filed a motion to reconsider pretrial release conditions on September 18, 2023, the Court would have to hold a hearing on that motion by September 20, 2023, and if the defendant proved he was financially unable to post bond, the Court would be obligated to release the defendant from custody without even being subject to a detention petition. Whereas a defendant charged with murder on September 18, 2023, would be subject to a detention petition, and if detained could not be released before being in custody for 90 days. Clearly, the legislature did not intend such an absurd result. The Court's interpretation is also more in line with the legislative intent as expressed in 725 ILCS 5/110-6.1(f) which requires all detained defendants to be brought to trial within 90 days of the entry of the detention order or they would have to be released from detention. The Court's interpretation would require defendants in custody who are subjection section 110-7.5 also be tried within 90 days of the filing of the motion to modify pretrial release
conditions or be released from custody. In summary, the Court determines that 725 ILCS 5/110-7.5(b) requires the court to hold a hearing on defendant's motion to modify pretrial release conditions in accordance with the schedule set forth in paragraph 2 of that section. Since defendant is being held on a non-detainable offense, he is entitled to a hearing on his pending motion to remove monetary conditions of bail within 7 days. Case called for 110-5(e) hearing. Arguments heard. Court finds Defendant is being held due to a financial inability to post the cash bond previously imposed. Per section 110-5(e), the cash bail condition of release is stricken. Defendant ordered released from custody. Conditions of release order entered. See written order. Case called for preliminary hearing. Officer sworn and testifies. Court finds probable cause. Defendant waives arraignment, pleads not guilty and demands trial by jury. Pretrial hearing scheduled for 11-20-23 at 10 a.m. Defendant admonished regarding right to appeal.

 

Debbie Horn: Parties present by counsel. Status hearing reset to 9/22/2023 at 10 AM.

 

Billy Hulfachor: Parties present by counsel. Hearing on all pending motions continued generally. Second Motion to Strike State's Verified Petition to Deny Defendant's Pretrial Release filed by the Public Defender.

 

Jeffrey Jones: Defendant present in custody with Public defender and State's Attorney present. By agreement, hearing on the petition for detention and petition strike or continue generally. Defendant indicates he may be filed a motion to proceed pro se. Hearing on that potential motion scheduled for in person hearing on 10-3-23 at 10 a.m. 

 

Hayden Klespitz: Defendant present remotely in custody with counsel and State's Attorney present. By agreement, State's motion for DNA granted. All other pending motions continued for hearing 09/22/2023 at 10 AM.

 

Charles Lair: Defendant present in custody with counsel and State's Attorney present. All pending motions denied for reasons stated on the record. Bond stands as previously ordered. Sentencing hearing still scheduled 09/28/2023 at 1:15 PM.

 

Christopher Mills: Defendant present with Public Defender and State's Attorney present. By agreement, case continued for presentation of negotiated plea on 10-2-23 at 10 a.m.

 

Caleb Reber: Parties present by counsel. Defendant is currently in the Illinois Department of Corrections on a parole violation. Writ to issue for in person preliminary hearing 10/12/2023 at 10 AM. Subpoena to continue. All other pending motions continued to that date

 

Jerry Riggs: Petition hearing reset to 09/21/2023 at 10:00 in courtroom A. By agreement of the parties, hearing rescheduled for 9/21/23 at 10:00 a.m.

 

Robert Scott: Defendant present with Public Defender and State's Attorney present. By agreement, pretrial hearing continued to 10-12-23 at 10 a.m.

 

Michael E Staten, Jr.: Defendant present by Public Defender and State's Attorney present. By agreement, case continued for presentation of negotiated plea on 10/12/2023 at 10 AM.

 

James G. Tirpak, Jr. : Parties present by counsel. By agreement, pretrial hearing continued to 10/12/23 at 10 a.m.

 

Bill Ward: Defendant present with Assy. Public Defender and State's Attorney present. Defendant knowingly and voluntarily waives preliminary hearing. See written waiver. Defendant waives arraignment, pleads not guilty, and demands trial by jury. Pretrial hearing scheduled for 11-20-23 at 10 a.m.

 

Keith Weller: Second Motion to Strike State's Verified Petition to Deny Defendant's Pretrial Release filed by the Public Defender.

Christian County Court Cases 9/18/23

The following cases were heard on September 18th, 2023:

 

Joshua Bland: Defendant present in custody in person with Assistant Public Defender Grigsby and State's Attorney present. Case called for hearing on Defendant's motions to strike State's petitions to revoke pretrial release and petition for detention. Defendant's motions to strike granted for reasons stated on the record. State granted leave to refile petitions and open court today. Hearing on those petitions and Defendant's motion to remove monetary conditions of pretrial release scheduled for in person hearing on 9/25/23 at 10 a.m. 9/22/23 hearing reset for pretrial on 9/25/23 at 10 a.m. Motion to Remove Monetary Condition of Pretrial Release filed by Public Defender Grigsby.

 

Dustin Cline: Defendant present in custody in person with Public Defender and State's Attorney present. Case called for hearing on Defendant's motion to strike State's petition to revoke pretrial release. Defendant's motion to strike granted for reasons stated on the record. State granted leave to refile petition in open court today. Hearing on that petition and Defendant's motion to remove monetary conditions of pretrial release scheduled for in person hearing on 9/22/23 at 10 a.m. Motion to Remove Monetary Condition of Pretrial Release filed by Public Defender Senger.

 

Jeremy Cole: Defendant present in person in custody with Public defender and State's Attorney present. State's Attorney may have a conflict of interest and will seek the appointment of conflicts counsel. Hearing on all pending motion scheduled for 9-20-23 at 10 a.m. Motion for Pretrial Release filed by Public Defender Senger.

 

Colby Coleman: Defendant present with Public Defender and State's Attorney present. Negotiated plea presented and approved by the Court, whereby Defendant pleads guilty to the charge of unlawful use of weapon by a felon (amended Count I). Judgment of conviction entered. By agreement, Defendant sentenced to three years in the Illinois Department of Corrections, followed by six months of mandatory supervised release, to be served at the rate of 50%, with credit for four days served. He's ordered to pay the fine, assessments, etc. set forth in the financial sentencing order. Bond to apply. Sentence to run concurrently with the sentence imposed in Bond County case 22-CF-78. See written orders.

 

Russell Cushing: Defendant present in custody in person with Assistant Public Defender Grigsby and State's Attorney present. Hearing on the motion to remove monetary conditions of pretrial release scheduled for 9/22/23 at 10 a.m. Motion to Remove Monetary Condition of Pretrial Release filed by Public Defender Grigsby.

 

Brian Dailey: Defendant present in custody in person with Public Defender and State's Attorney present. Case called for hearing on Defendant's motion to strike State's petition to revoke pretrial release. Defendant's motion to strike granted for reasons stated on the record. State granted leave to refile petition in open court today. Hearing on those petitions and Defendant's motion to remove monetary conditions of pretrial release scheduled for in person hearing on 9/21/23 at 10 a.m. Motion to Remove Monetary Condition of Pretrial Release filed by Public Defender Senger.

 

Michael Droke: Defendant present in custody in person with Public Defender Herkert and State's Attorney present. Case called for hearing on Defendant's motion to strike State's petition for detention and motion to strike petition to revoke pretrial release. Defendant's motions to strike granted for reasons stated on the record. State granted leave to refile petitions in open court today. Hearing on those petitions and Defendant's motion to remove monetary conditions of pretrial release scheduled for in person hearing on 9/21/23 at 10 a.m.

 

Michael Durbin: Defendant present in custody in person with Public Defender and Asst. State's Attorney present. Case called for hearing on Defendant's motion to strike State's petition for detention. Defendant's motion to strike granted for reasons stated on the record. State granted leave to refile petition in open court today. Hearing on that petition and Defendant's motion to remove monetary conditions of pretrial release scheduled for in person hearing on 9/21/23 at 10
a.m. Motion to Remove Monetary Condition of Pretrial Release filed by Public Defender Senger.

 

Dean Ellis: Defendant present in custody in person with Public Defender and Asst. State's Attorney present. Case called for hearing on Defendant's motion to strike State's petition for detention. Defendant's motion to strike granted for reasons stated on the record. State granted leave to refile petition in open court today. Hearing on that petition and Defendant's motion to remove monetary conditions of pretrial release scheduled for in person hearing on 9/21/23 at 10 a.m. Motion to Remove Monetary Condition of Pretrial Release filed by Public Defender Senger.

 

Michael Evrley: Defendant present with counsel and SP Kroncke present. By agreement, preliminary hearing scheduled for 10/27/23 at 10 a.m.

 

Lucas Fenton: Defendant present in custody in person with Public Defender and Asst. State's Attorney present. Case called for hearing on Defendant's motion to strike State's petition for detention. Defendant's motion to strike granted for reasons stated on the record. State granted leave to refile petition in open court today. Hearing on that petition and Defendant's motion to remove monetary conditions of pretrial release scheduled for in person hearing on 9/21/23 at 10
a.m. Motion to Remove Monetary Condition of Pretrial Release filed by Public Defender Senger.

 

James Franklin: Defendant present remotely with Public defender and Assistant State's Attorney present. By agreement, state withdraws petition to deny pretrial release and confesses Defendant's motion to remove monetary conditions of pretrial release. Alleged victim present in the courtroom and confirms that she does not wish for the case to be prosecuted, did not see any firearm, and does not wish any pretrial release conditions of no contact. Therefore, Defendant ordered released from custody with no conditions of pretrial release. All other contradictory orders are vacated at the request of the alleged victim. Status of preliminary hearing scheduled for 11/20/23 at 10 a.m. in person. 9/28/23 hearing vacated. Motion to Remove Monetary Condition of Pretrial Release filed by Public Defender Senger.

 

Levi Ghent-Simpson: Defendant present in custody in person with counsel and Assistant State's Attorney present. Alleged victim also present remotely and State she does not wish for the State to prosecute this case. Case dismissed on motion of the State at the request of the alleged
victim. No further settings. Defendant ordered released from custody. Motion to Remove Monetary Condition of Pretrial Release filed by Public Defender Senger.

 

Georg Goins: Defendant present but his attorney is not present and did not have notice of any hearing today. State's Attorney present. State withdraws motion to deny pretrial release.

 

Bradley Graham: Defendant present in custody with PD Rahar and SA present. State's etition for detention and Defendant's motion for pretrial release and/or to strike are stricken for not being timely filed. Both sides granted leave to refile those petitions. Hearing on any refiled petitions scheduled for 9/20/23 at 11 a.m.

 

Hayden Klespitz: Defendant present in custody in person with Public Defender Herkert and State's Attorney present. Case called for hearing on Defendant's motion to strike State's petition for detention. Defendant's motion to strike granted for reasons stated on the record. State granted leave to refile petition in open court today. Hearing on that petition and Defendant's motion to remove monetary conditions of pretrial release scheduled for in person hearing on 9/21/23 at 10
a.m.

 

Jacob Krouse: Parties present by counsel. Defendant's motion to strike petition to deny pretrial release continued generally for hearing as Defendant is currently on a treatment furlough.

 

Charles Lair: Defendant present in custody in person with Assistant Public Defender Grigsby and State's Attorney present. Case called for hearing on Defendant's motion to strike State's petition for detention. Defendant's motion to strike granted for reasons stated on the record. State granted leave to refile petition in open court today. Hearing on that petition and Defendant's motion to remove monetary conditions of pretrial release scheduled for in person hearing on 9/21/23 at 10 a.m. Motion to Remove Monetary Condition of Pretrial Release filed by Public Defender Grigsby.

 

Anthony Maiden: Defendant present in custody in person with Public Defender Herkert and State's Attorney present. Case called for hearing on Defendant's motion to strike State's petition for detention. Defendant's motion to strike granted for reasons stated on the record. State granted leave to refile petition in open court today. Hearing on that petition and Defendant's motion to remove monetary conditions of pretrial release scheduled for in person hearing on 9/21/23 at 10
a.m.

 

Patrick Motley: Defendant present in custody in person with Public Defender and State's Attorney present. Case called for hearing on Defendant's motion to strike State's petition to revoke pretrial release. Defendant's motion to strike granted for reasons stated on the record. State granted leave to refile petition in open court today. Hearing on those petitions and Defendant's motion to remove monetary conditions of pretrial release scheduled for in person hearing on 9/21/23 at 10 a.m. Motion to Remove Monetary Condition of Pretrial Release filed by Public Defender Senger.

 

Caleb Reber: Defendant present in custody in person with Public Defender Herkert and State's Attorney present. Case called for hearing on Defendant's motion to strike State's petition to revoke pretrial release. Defendant's motion to strike granted for reasons stated on the record. State granted leave to refile petition in open court today. Hearing on those petitions and Defendant's motion to remove monetary conditions of pretrial release scheduled for in person hearing on 9/22/23 at 10 a.m.

 

Jerry Riggs: Defendant present in custody in person with Public Defender and State's Attorney present. Case called for hearing on Defendant's motion to strike State's petition to revoke pretrial release. Defendant's motion to strike granted for reasons stated on the record. State granted leave to refile petition in open court today. Hearing on those petitions and Defendant's motion to remove monetary conditions of pretrial release scheduled for in person hearing on 9/22/23 at 10 a.m. Motion to Remove Monetary Condition of Pretrial Release file by Public Defender Senger.

 

Ashley Rynders: Defendant present in custody in person with Public Defender Herkert and State's Attorney present. Case called for hearing on Defendant's motion to strike State's petition to revoke pretrial release. Defendant's motion to strike granted for reasons stated on the record. State granted leave to refile petition in open court today. Hearing on those petitions and Defendant's motion to Remove Monetary Conditions of Pretrial Release scheduled for in person hearing on 9/22/23 at 10 a.m.

 

Aubrey Smith: Defendant present in custody in person with counsel and State's Attorney present. Defendant's motion for pretrial release scheduled for in person hearing on 9/21/23 at 10 a.m.

 

Keith Weller: Defendant present in custody in person with Public Defender and Asst. State's Attorney present. Case called for hearing on Defendant's motion to strike State's petition for detention. Defendant's motion to strike granted for reasons stated on the record. State granted leave to refile petition in open court today. Hearing on that petition and Defendant's motion to remove monetary conditions of pretrial release scheduled for in person hearing on 9/21/23 at 10 a.m. Motion to Remove Monetary Condition of Pretrial Release filed by Public Defender Senger.

 

Dennis Wilcutt: Defendant present in custody in person with Assistant Public Defender Grigsby and State's Attorney present. Case called for hearing on Defendant's motion to strike State's petition to revoke pretrial release. Defendant's motion to strike granted for reasons stated on the record. State granted leave to refile petition in open court today. Hearing on those petitions and Defendant's motion to remove monetary conditions of pretrial release scheduled for in person hearing on 9/21/23 at 10 a.m. Motion to Remove Monetary Condition of Pretrial Release filed by Public Defender Grigsby.

 

Andrew Woods: Defendant present in custody in person with Public Defender and Asst. State's Attorney present. Case called for hearing on Defendant's motion to strike State's petition for revoke pretrial release. Defendant's motion to strike granted for reasons stated on the record. State granted leave to refile petition in open court today. Hearing on that petition and Defendant's motion to remove monetary conditions of pretrial release scheduled for in person hearing on 9/21/23 at 10
a.m.

Christian County Court Cases 9/14/23

The following cases were heard on September 14th, 2023:

 

Zachary Bland: Petition to rescind SSS is granted. 23CF3 Counts 1-3 are dismissed pursuant to the admission of the SSS. Defendant plead guilty to Count 4 for 6 months court supervision. Peition to rescind statutory summary suspension filed by Attorney Finks.

 

Jeremy Cole: Defendant present in custody; PD Senger present and State's Attorney present. PD to file pleading to be filed and set at 10 a.m. on 9/18/23. Defendant to remain in custody until that time.

 

Bradley Graham: Attorney Rahar present. Motion for pretrial release set at 10 a.m. on 9/18/23.

 

Dennis Lowe III: Defendant present, State's Attorney present; working on plea. Reset pretrial 10/31/23 at 10 a.m.

 

Alma Nerone: Public Defender present, State's Attorney present, Defendant present; Stat'e Attorney moves to nolle chrges, but reserves the right to refile charges. $1,000 refunded to whoever posted the bail.

 

Robin Parsons: Attorney Finks present, Assistant State's Attorney present; final pretrial confirmed.

 

James Reinstorf: Defendant present, Assistant State's Attorney present; agreement to send case to collections.

 

Frank Sedlock: State's Attorney present, Defendant present, PD Grigsby present. Defendant sent to 1 year IDOC and other terms pursuant to standard order entered. Bond to be returned.

 

Keith Westbrook: Defendant did not appear, State's Attorney present; dismissed due to want of prosecution.

 

Andrew Woods: Defendant present in custody, Attorney Herkert present, State's Attorney present; motion to detain set 9/18/23 at 10 a.m.

Christian County Court Cases 9/12/23

The following cases were heard on September 12th, 2023:

 

Kyle Adler: State's Attorney and Assistant State's Attorney present, Defendant in custody of Christian County Jail with PD Senger; matter remains set for petition hearing on 9/18/23. Matter set for further pretrial 11/17/23 at 10 a.m.

 

Jonathan Cohan: State's Attorney and Assistant State's Attorney present, Defendant via Zoom with PD Grigsby; set for hearing on pretrial 11/20/23 at 11 a.m. in person.

 

Cody Fringer: State's Attorney and Assistant State's Attorney present, Defendant present pro se; parties have a plea, but Defendant needs funds. Reset for plea 10/19/23 at 9 a.m.

 

Brittany Hester: Assistant State's Attorney present, Defendant present with PD Grigsby; by agreement, reset for pretrial 10/19/23 at 10 a.m.

 

Jacob Legnon: State's Attorney and Assistant State's Attorney present, PD Senger for Defendant who failed to appear. Over objection, warrant to issue and bond $2,500 (10%).

 

 Richard Micheletta: State's Attorney and Assistant State's Attorney present, Defendant present with PD Senger; Defendant denies PTR, matter set for pretrial only 12/15/23 at 10 a.m.

Christian County Court Cases 9/11/23

The following cases were heard on September 11th, 2023:

 

Bobbie Abberley: Defendant present with PD Grigsby, SA present; counter offer made/to be made. Reset 10/24/23 at 10 a.m.

 

Tavonn Adams: Defendant present with Attorney McWard, Special Prosecutor Havera present; continued pretrial motion 10/27/23 at 10 a.m.

 

Kyle Brown: Defendant present with PD Senger, Special Prosecutor Havera present; Defendant to report to probation and to drug test. Reset to 11/13/23 at 10 a.m.

 

Dustin Durbin: Defendant failed to appear, PD Grigsby present, State's Attorney present. Defendant appears late, reset for pretrial 10/12/23 at 10 a.m. Defendant to appear in person.

 

James Franklin: Defendant present, State's Attorney present; charges admonished, information read to Defendant in open court. PD Senger appointed for bond, probable cause given/found; bond set at $40,000 (10%). No contact with victim or her address, PD Senger appointed for case. Hearing set for 9/28/23 at 10 a.m.

 

Levi Ghent-Simpson: Defendant present, ASA present, PD Senger appointed for bond. Previously set at $20,000 by Judge Paisley, with other conditions. Bond to remain as set with same conditions. PD Senger apointed for case; someone who purported to be the victim was on Zoom and was asking for no charges to be pursued. Hearing set for 9/22/23 at 10 a.m.

 

Brittany Hill: Defendant present with PD Senger, Special Prosecutor Havera present; pretrial 10/27/23 at 10 a.m.

 

Debbie Horn: SA present, PD Grigsby present; reset for status 9/21/23 at 10 a.m.

 

Bradley Long: Defendant presetn with Attorney McWard, Special Prosecutor Kronke present; reset for pretrial 10/27/23 at 10 a.m.

 

Melinda Mahone: Defendant preset with Attorney Rahar, Special Prosecutor Havera present; scheduling order entered for jury trial 12/4/23 at 8:30 a.m., pretrial hearing 11/21/23 at 1:15 p.m.

 

Brooklynne Oliver: Defendant present with PD Grigsby, State's Attorney present; waives prompt preliminary. Pretrial hearing set 11/3/23 at 10 a.m.

 

Jada Reeves: Defendant not present, Attorney McWard present, Special Prosecutor Kronke present; continued motion 10/27/23 at 10 a.m.

 

Dustin Shook: Defendant present, charges admonished and information read to Defendant in open court; PD Grigsby apointed. Probably cause given/found, bond set at $10,000 (10%), no contact with victim. Scheduled for second look bond hearing 9/15/23 at 10 a.m.

 

Harold Sirbaugh: Defendant present with Attorney McWard, Special Prosecutor Havera present; on pretrial continued motion 10/27/23 at 10 a.m.

 

William Thomas: Defendant present with PD Senger, Special Prosecutor Havera present; on PSC referral set for 9/20/23 at 10 a.m. in person.

 

Chad Wilber: Defendant present with PD Grigsby, Special Prosecutor Kronke present; reset pretrial by agreement for 10/27/23 at 10 a.m.

Christian County Court Cases 09/07/23

The following cases were heard in Christian County Court on September 7th.  This list is not exclusive. 

 

Season Fisher: Pretrial continued for September 28th.

 

Anthony Maiden: Petition hearing set for September 18th Preliminary hearing set for September 21st. 

 

Christopher Mills: Negotiated plea set for September 21st. 

 

Jahquel Pearsall: Pretrial set for October 12th. 

 

Frank Sedlock:  Negotiated plea set for September 14th. 

 

Troy Woods: Petition hearing set for September 18th

 

Robert Abberley: PTR reset for September 21st. 

 

 

 

Christian County Court Cases 09/05/23

The following court cases were heard in Christian County Court on September 5th. This list is not exclusive.

 

Lawrence Coghlan:  Pleads guilty to count 1, placed on 24 months first offender probation.  30 hours of PSW. 6 days in CCJ with credit for 3 days served with day-for-day credit applied. Fines and fees. 

 

Dayton Durbin: First appearance set for October 13th. Released on $10,000 recognizance bond. 

 

Debbie Horn: Continued September 15th. 

 

Brittany Kuhns:  First appearance set for November 21st. Recognizance bond for $10,000 with 10% to apply. 

 

Anthony Maiden:  Bond set at $25,000 with 10% to apply. First appearance with counsel set for September 7th. 

 

Jack Skinner: Reset for October 24,2023 

 

 

 

 

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