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Randolph County State's Attorney case updates

Posted March 26, 2015 11:00 pm

By Staff Report The Herald Tribune

People v. Wilbert D. Niemeyer:

On March 4, 56-year-old Wilbert D. Niemeyer, of Baldwin, pled guilty to the offense of unlawful possession of cannabis before the Honorable Judge Gene Gross.

Pursuant to the terms of the negotiated plea, Niemeyer was sentenced to two years of probation, with a condition to seek alcohol and substance abuse counseling, as well as pay a $1,000 fine and a $500 drug assessment fee.

Additionally, Niemeyer forfeited to the Randolph County Sheriff's Office numerous firearms and property seized during the execution of a search warrant at his residence on September 16, 2014. Officers from the Randolph County Sheriff's Office and Coulterville Police Department were involved in the execution of the warrant leading to the arrest of Niemeyer.

Niemeyer was originally charged with possessing more than 2,000 grams of cannabis; however, the charge was amended per the plea agreement to more than 30 grams, but less than 500 grams of cannabis, a Class 4 felony.

"Our records did not reveal any prior criminal history regarding Mr. Niemeyer," said Randolph County State's Attorney Jeremy Walker. "Due to this lack of prior history, we amended the charge to an offense that is eligible for first offender probation.

"Furthermore, the Sheriff's Office was able to keep thousands of dollars of firearms, which will be traded for departmental use."

"We try to do what we can to help keep running drug enforcement activities and these weapons can buy a lot of equipment for the Sheriff's Office," Walker added. "Furthermore, if Mr. Niemeyer completes substance abuse counseling and does not violate any laws for the next two years, he will be able to have the charge dismissed against him."

"Hopefully he learns from this mistake and he has an opportunity to come out of this with a clean record."

Justin A. E. Laws

On March 5, 26-year-old Justin A.E. Laws, of Sparta, pled guilty to the offense of battery (a Class A misdemeanor) before the Honorable Judge Richard A. Brown.

Laws was originally charged with domestic battery (a Class 4 felony). However, the domestic battery charged was dismissed pursuant to the plea.

Per the plea agreement, Laws will be required to complete alcohol/substance abuse counseling, mental health counseling and a domestic violence program while he is serving a period of probation for two years.

"The victim in the domestic battery charge again waffled on us," said Randolph County State's Attorney Jeremy Walker. "Luckily, from my standpoint, we had an additional victim who did not recant; however, they were not related and thus we could not prove a domestic battery as to that victim.

"Nonetheless, Mr. Laws is ordered to complete all of the programs we wanted and I hope he takes this opportunity to help himself. If not, we will keep trying and hope the victim stays on board with us."

The Sparta Police Department handled the investigation in this matter.

Ricky M. Carle:

On March 5, 26-year-old Ricky M. Carle, of Marissa, pled guilty to the offense of forgery before Judge Brown.

Per the plea agreement, Carle was sentenced to 30 days in the Randolph County Jail, two years of probation and will be required to pay restitution to the victim in the amount of $187.99 and another victim in an unfiled case regarding allegations of home repair fraud in the amount of $2,748.

Also, as a condition of probation, Carle will be required to complete alcohol and substance abuse treatment.

"Mr. Carle did not have any prior felony convictions before this case and we were able to secure restitution for two victims," said Randolph County State's Attorney Jeremy Walker. "I hope he successfully completes probation and kicks any issues he may have regarding drugs or alcohol.

"If not, he will be looking at two to five years in the Illinois Department of Corrections and we will be here to ask for that, if necessary."

The Sparta Police Department handled the investigation in this manner.

Misty D. Calvert:

On March 5, Calvert's felony charge of unlawful use of an ATM/credit card was dismissed on motion of the State.

However, at that time, Calvert pled guilty to a misdemeanor charge of theft, was placed on probation and ordered to pay restitution regarding the victim in the felony case, as well as the misdemeanor theft case.

Per the sentence in the misdemeanor case, Calvert will be on probation, had to serve 30 days in jail, and must seek alcohol and substance abuse counseling.

"Ms. Calvert did not have any prior felony convictions," said Randolph County State's Attorney Jeremy Walker. "Furthermore, being convicted of theft is nearly as severe as a felony in that any background check will show the conviction and getting a job is very difficult when you are carrying this on your record.

"Given all of this, and the fact both victims will be compensated for their losses, we felt this was a fair resolution to the case."

The Sparta Police Department handled the investigation.

Malachi D. Duncan:

On March 5, 30-year-old Malachi D. Duncan, of East St. Louis, was sentenced to 18 months in the Illinois Department of Corrections by Judge Brown.

Duncan had previously pled guilty on January 15, to the offense of deceptive practice and the matter was set for a sentencing hearing on March 5.

Duncan had previously admitted to writing a bad check in the amount of $10,000 to a local car dealership on January 18, 2014.

During the sentencing hearing the State requested a sentence of three years in the Illinois Department of Corrections and the Defendant requested a term of probation.

"The pre-sentence report and investigation revealed several forgery and deceptive practice convictions Mr. Duncan had been convicted of in the past," said Randolph County State's Attorney Jeremy Walker. "Based on his record, I did not feel probation was an adequate punishment.

"Judge Brown apparently agreed and sentenced the Defendant to prison time."

"Luckily the car dealer was able to recover the vehicle and was compensated for any loss by an insurance company," Walker added. "Mr. Duncan was recommended for 'boot camp' within DOC and will have an opportunity to cut his sentence to approximately 120 to160 days if he successfully completed this program."

The Ruma Police Department handled the investigation.

James M. Johnson:

On March 5, 19-year-old James M. Johnson, of Chester, pled guilty to a reduced charge of theft under $500 (a Class A misdemeanor) before Judge Brown.

Johnson was originally charged with burglary regarding a theft from a business in Chester occurring on November 23, 2014. Johnson was ordered to pay restitution, pay a $1,000 fine and placed on probation for a period of one year with a condition to complete alcohol and substance abuse counseling.

"Given the Defendant's age and lack of history, I did not want to hang a felony on him," said Randolph County State's Attorney Jeremy Walker. "Nonetheless, he needed to be punished for his actions and I feel a fair sentence and disposition was given.

"We prosecuted two juveniles as well relating to several burglaries occurring after business hours this same business in Chester. They all are under the supervision of the Court for a period of time, all have been ordered to pay restitution and hopefully all have learned a valuable lesson at a young age."

"I hope to see none of them again and hope this was an act of stupidity of young kids," Walker added. "We will see."

The Chester Police Department handled the investigation in this matter.

Nathan D. Seyler:

On March 6, 35-year-old Nathan D. Seyler, of Chester, was sentenced to four years in the Illinois Department of Corrections by Judge Brown.

Seyler admitted to entering a building at a Chester address with the intent to commit a theft. Pursuant to the negotiated plea, Seyler will be required to pay the court costs and serve a two year period of supervised release upon his discharge from the Department of Corrections.

"Mr. Seyler has a criminal record in Missouri and I felt a sentence to DOC was appropriate given his criminal record," said Randolph County State's Attorney Jeremy Walker. "Furthermore, we did not have an actual theft as the owner confronted Mr. Seyler and detained him until law enforcement could arrive and handled the situation."

The Chester Police Department handled the investigation in this matter.

Taylor C. Robertson:

On March 6, 19-year-old Taylor C. Robertson, of Campbell Hill, pled guilty to the offense of unlawful possession of methamphetamine before Judge Brown.

Robertson was originally charged with unlawful procurement of methamphetamine precursors, but the charge was reduced per the negotiated plea.

Per the agreement of the parties, Robertson was placed on felony probation for a period of two years, ordered to pay the court costs, a drug assessment fee of $500 and must complete substance abuse treatment as directed by the probation department.

"We amended the charge from one classification of felony to another (Class 2 to Class 3) in order to allow Ms. Robertson to be placed on first offender probation," said Randolph County State's Attorney Jeremy Walker. "Accordingly, if Ms. Robertson completes her probation, stays out of trouble and most importantly stays clean, she will not be convicted of the felony."

"Due to her age and lack of criminal history, I believed this to be the right thing to do," Walker added. "However, she will be closely monitored while on probation and if there are any problems, we will not hesitate to convict her of the offense and/or impose a stronger sentence which could include prison time."

The Randolph County Sheriff's Office handled the investigation in this matter.

Curtis S. Wiley:

On March 9, this matter was dismissed with leave to reinstate on motion of the State.

"Mr. Wiley was a passenger in a motor vehicle wherein a quantity of alleged heroin was found," said Randolph County State's Attorney Jeremy Walker. "The other occupant has taken responsibility and ownership of the drugs and as long as the other occupant continues to take the responsibility, we will not proceed with any charges regarding Mr. Wiley."

Theodore R. Gleghorn:

On March 9, 26-year-old Theodore R. Gleghorn, of Sparta, was sentenced to five years in the Illinois Department of Corrections by Judge Brown following a sentencing hearing.

Gleghorn had previously pled guilty to the offense of burglary on January 23, 2015 wherein he admitted to entering a building in Sparta with the intent to commit a theft, occurring on November 23, 2014.

At the time of the plea, no agreement could be reached on the sentence and the matter was set for a sentencing hearing. At the sentencing hearing, the State requested a five-year prison sentence and the Defendant requested probation.

"Mr. Gleghorn had previously served a three-year sentence in the Department of Corrections and I felt his punishment should increase, as opposed to decrease with this crime," said Randolph County State's Attorney Jeremy Walker. "Judge Brown agreed and we are pleased to get the sentence we did."

"Property crimes are sometimes referred to as 'victimless crimes' and individuals argue they should not be punished as hard as cases with actual victims," Walker added. "However, property crimes do have victims and no one deserves to have their items taken from them.

"Therefore, we take property crimes serious and ask for serious punishment, if the record of the Defendant warrants it."

Andrew L. Fullington:

On March 9, 26-year-old Andrew L. Fullington, of Chester, was sentenced to five years in the Illinois Department of Corrections by Judge Brown pursuant to a negotiated plea agreement. Fullington admitted to possessing methamphetamine manufacturing materials in Chester on July 19, 2014.

The Defendant requested, and the recommendation was made by the Court, to participate in the boot camp program offered by the Illinois Department of Corrections.

The charges stemmed from an investigation completed by the Chester Police Department during the summer of 2014 regarding individuals participating in the manufacture and delivery of methamphetamine.

"This will be Mr. Fullington's first trip to the Illinois Department of Corrections and we believe it to be a fair resolution," said Randolph County State's Attorney Jeremy Walker. "If he completes the boot camp program, the sentence will be completed in about six months. However, the boot camp program usually brings an end to criminal behavior.

"You still see some recidivism from persons participating in the program, but generally speaking the discipline and counseling taught in this program really seems to hit home with people and we usually don't see them again," said Randolph County State's Attorney Jeremy Walker. "I hope this will be another success."

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