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Randolph County state's attorney case updates

Posted July 06, 2016 11:00 pm

By Staff Report

• People v. Sherie A. LaFramboise

On June 16, 31-year-old Sherie A. LaFramboise, of Chester, pleaded guilty to an amended charge of battery (Class A misdemeanor) before Circuit Judge Richard A. Brown and was sentenced to one year of court supervision and fined $500.

LaFramboise was originally charged with aggravated battery (Class 2 felony); however, the charge was amended to facilitate the plea.

During the plea, LaFramboise admitted to placing her hands on a police officer in Chester on April 13.

"Ms. LaFramboise spent a night in jail and I believe was truly rehabilitated and scared straight, even writing an apology letter to the officer involved," said Randolph County State's Attorney Jeremy Walker. "With the lack of any prior criminal history and the fact the officer was not injured, it was not the type of fact pattern to saddle someone with a felony conviction."

The Chester Police Department handled the investigation in this matter.

• People v. Kevin E. Mikel:

On June 16, 30-year-old Kevin E. Mikel, of Percy, pleaded guilty to the offense of unlawful possession of cannabis (Class A misdemeanor) before Judge Richard A. Brown.

Pursuant to the negotiated plea, Mikel was ordered to pay a $500 fine and $1,000 to the Percy Police Department Drug Fund.

Additionally, the charge was amended from a Class 3 felony charge of possession of cannabis with intent to deliver, to a simple possession charge.

During the plea, Mikel admitted to possessing more than 10 grams, but less than 30 grams of cannabis located during the execution of a search warrant of a residence in Percy on March 25.

"It did not appear Mr. Mikel had any prior felony convictions," said Randolph County State's Attorney Jeremy Walker. "And I did not feel it was necessary to convict Mr. Mikel of a felony given the amount of cannabis located, although it was a felony amount.

"These types of cases are difficult right now with the push to decriminalize marijuana. Giving someone their first felony conviction for a relatively low amount of cannabis just did not seem appropriate."

The Percy Police Department handled the investigation, with assistance from the Randolph County Sheriff's Office.

• People v. Essex Star Knap

On June 16, 28-year-old Essex Star Knap, of Drasko, Ark., pleaded guilty to the offense of failure to report change of address (Class 4 felony) and was sentenced to seven days in jail and placed on conditional discharge for one year.

During the plea, Knap admitted to failing to report a change of address, in accordance with the provision of the Sex Offender Act, after being absent from his address for a period exceeding three days in May of 2015.

"Mr. Knapp, it appears, moved to Arkansas and did not notify the sheriff's office, as required," said Randolph County State's Attorney Jeremy Walker. "This was his first violation and the penalties for not registering go up each time there is a violation."

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

• People v. Timothy L. Zacheis:

On June 16, 33-year-old Timothy L. Zacheis, of Tilden, pleaded guilty to the offenses of burglary (Class 2 felony) and possession of cannabis sativa plants (Class 3 felony) before Judge Richard A. Brown.

No agreement was reached as to the sentence and this matter has been scheduled for a sentencing hearing on July 25 at 1 p.m.

During the plea, Zacheis admitted to entering a building of another on Randolph/St. Clair County Line Road, with the intent to commit a theft on February 23.

Additionally, Zacheis admitted to possessing more than 20, but less than 50, cannabis plants located during the execution of a search warrant on his residence (related to the burglary investigation) on March 4 in Tilden.

"Mr. Zacheis is not eligible for probation due to prior convictions and the sentencing hearing will be about how much time he has to do in corrections," said Randolph County State's Attorney Jeremy Walker. "I feel it will be a maximum amount of time (14 years) and I would suspect a much lower ask by the defense."

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

• People v. Shawn M. Nichols:

On June 16, 20-year-old Shawn M. Nichols, of Evansville, pleaded guilty to the offense of unlawful possession of methamphetamine (Class 3 felony) before Judge Richard A. Brown and was sentenced to two years of probation, with a condition to seek alcohol/substance abuse counseling, under the provisions of the first offender probation status of the Methamphetamine Control Act.

During the plea, Nichols admitted to possessing less than 5 grams of methamphetamine located after Nichols crashed his vehicle on Baldwin Road on April 27.

"Mr. Nichols had no prior criminal history and is a perfect candidate for the first offender probation,"said Randolph County State's Attorney Jeremy Walker. "If he stays clean, does his treatment and stays out of trouble, he can avoid a felony conviction.

"If not, we have two years to increase the penalty and try a different approach with him."

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

• People v. Robert E. Thomas:

On June 16, 22-year-old Robert E. Thomas, of Sparta, pleaded guilty to the offense of burglary (Class 2 felony) and was sentenced to four years in the Illinois Department of Corrections, with a recommendation to participate in the impact incarceration program, commonly known as boot camp, before Judge Richard A. Brown.

During the plea, Thomas admitted to entering a motor vehicle in Sparta on May 1 with the intent to commit a theft.

"Mr. Thomas had some prior felony history in the State of Georgia and due to those issues did not seem like a candidate for probation," said Randolph County State's Attorney Jeremy Walker. "However, he has never been to DOC before.

"Based on his age and lack of prior trips to DOC, this sentence of four years, with an opportunity to shorten his stay by completing the boot camp program seemed like an appropriate disposition."

The Sparta Police Department handled the investigation in this matter.

• People v. Leah Bean:

On June 16, 34-year-old Leah A. Bean, of Chester, was sentenced to one year of conditional discharge by Judge Richard A. Brown following a brief sentencing hearing.

Bean had previously pleaded guilty to unlawful possession of controlled substance (heroin) on June 29, 2015.

However, shortly thereafter was taken into federal custody and prosecuted by the federal authorities.

As a result of that prosecution, Bean was sentenced to 48 months in the Federal Bureau of Prisons and brought back to the Randolph County Jail to be sentenced on this charge.

"Due to the federal sentence, there was no reason to do impose any additional penalty on Ms. Bean," said Randolph County State's Attorney Jeremy Walker. "Ms. Bean will now go to the Federal Bureau of Prisons and serve her time, which exceeded any sentence we could have imposed on her,"

The Steeleville Police Department handled the investigation in this matter.

• People v. Nicholas L. Clifford:

On June 16, 35-year-old Nicholas L. Clifford, of Waterloo, was sentenced to 30 months of probation, with a condition to seek alcohol/substance abuse counseling and pay restitution of $29,457.66 by Judge Gene Gross following a sentencing hearing.

Clifford had previously pleaded guilty to the offense of concealment of collateral (Class 3 felony) before Judge Gross on March 29.

Clifford also requested and received an election for treatment and was granted a term of probation which will allow him to vacate the felony conviction, if he is able to successfully complete the probation.

The State moved to dismiss five other counts of the same offense after the sentencing hearing. "Mr. Clifford failed to repay a loan with a local banking institution," said Randolph County State's Attorney Jeremy Walker. "However, he then went a step further and disposed of the collateral (vehicles) securing the loan he defaulted.

"The case was premised on getting the bank their money and Judge Gross ordered the full amount of restitution sought."

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

• People v. Timothy J. Michael:

On June 23, a charge of retail theft against Michael was dismissed due to his recent death.

• People v. James D. Wallace:

On June 23, 45-year-old James D. Wallace, of Marissa, was sentenced to three years in the Illinois Department of Corrections by Judge Gene Gross following a sentencing hearing.

Wallace was previously found guilty of aggravated DUI following a jury trial on April 15.

"A second count of the same offense was dismissed following the guilty finding on Count I," said Randolph County State's Attorney Jeremy Walker. "Mr. Wallace had three prior DUI dispositions, which qualified Mr. Wallace for the aggravated DUI charge, was not eligible for probation, mandating a minimum three year prison sentence."

"We attempted other resolutions for Mr. Wallace - which would not have required his imprisonment in DOC for three years - however, Mr. Wallace did not accept plea negotiations for lesser penalties."

The Illinois State Police handled the investigation in this matter.

• People v. Shelby R. Lopez:

On June 23, 22-year-old Shelby R. Lopez, of Tilden, pleaded guilty to unlawful possession of cannabis sativa plants (Class A misdemeanor) before Judge Richard A. Brown and was ordered to pay a $350 fine and $650 to the Randolph County Sheriff's Department Drug Fund.

During the plea, Lopez admitted to possessing less than 5 cannabis plants in Tilden on March 4. The number of plants was amended in court to a misdemeanor amount to facilitate the plea. "Ms. Lopez was the girlfriend of Timothy Zacheis," said Randolph County State's Attorney Jeremy Walker. "The marijuana was located in their residence in Tilden when we executed a search warrant relative to the burglary investigation we had on Mr. Zacheis.

"Ms. Lopez was not the one growing the plants, but knew of their existence."

The Randolph County Sheriff's Office handled the investigation.

• People v. Jesse E. Sellers:

On June 23, 37-year-old Jesse E. Sellers, of Sparta, pleaded guilty to the offense of unlawful participation in methamphetamine production (Class 1 felony) and was sentenced four years in the Illinois Department of Corrections, fined $1,000 and ordered to pay $5,000 to the Randolph County Sheriff's Office Drug Fund before Judge Richard A. Brown.

The charge was amended from a Class X felony to a Class 1 felony to facilitate the plea. During the plea, Sellers admitted to participating in the manufacture of less than 15 grams of methamphetamine on October 2, 2015.

"Mr. Sellers, while out on bond, did a lot of good things,"said Randolph County State's Attorney Jeremy Walker. "Mr. Sellers received treatment, had a baby and several other mitigating factors existed.

"However, people who manufacture or sell meth do not get probation, in my opinion."

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

• People v. Tiffany M. Cole:

On June 23, 25-year-old Tiffany M. Cole, of Tilden, was sentenced to one year of conditional discharge and fined $1,000 by Judge Gene Gross following a sentencing hearing.

During the hearing, the State requested the sentence imposed, with an additional request for 10 days in jail.

The defendant requested the sentence imposed by the court. Cole had previously pleaded guilty to lying to a police officer regarding the whereabouts of her boyfriend, whom had an outstanding arrest warrant in Tilden on November 6, 2015.

"The request for 10 days in jail was due to the fact Ms. Cole knew her boyfriend was in her home when a sheriff's deputy showed up to arrest him," said Randolph County State's Attorney Jeremy Walker. "Rather than cooperate, Ms. Cole lied he was there, despite the fact an officer saw him in the trailer.

"Ms. Cole required us to obtain a warrant and secure the residence while we went through that process. Certainly a felony conviction is a serious punishment, but I wanted the extra step of jail time based on the extra hassle the defendant put on the system."

The Randolph County Sheriff's Office handled the investigation.

• People v. Craig A. Huhman:

On June 28, 37-year-old Craig A. Huhman, of Sparta, pleaded guilty to the offense of criminal sexual assault (Class 1 felony) before Judge Richard A. Brown.

No agreement was made as to the sentence, and the matter has been set for a sentencing hearing on July 28 at 1 p.m.

During the plea, Huhman admitted to placing his penis in the vagina of a minor child, between the age of 13 years of age, but under 18 years of age - whom was also a family member of the defendant - in Sparta during the months of June and October, 2015.

The charge carries a mandatory prison sentence of four to 15 years in the Illinois Department of Corrections and such sentence will not be eligible for day-for-day credit, but will require the defendant to serve 85 percent of the sentence.

A charge of predatory criminal sexual assault of a child was dismissed to facilitate the plea.

"The charge dismissed had to do with the age of the victim," said Randolph County State's Attorney Jeremy Walker. "The victim turned 13 years of age in June of 2015.

"However, the victim could not remember the exact day of the offense. To substantiate the Predatory Criminal Sexual Assault, we would have to prove beyond a reasonable doubt it occurred before her 13th birthday.

"We simply could not do that," Walker continued. "Therefore, we obtained a conviction on the most severe charge we could prove and will seek a maximum sentence of 15 years in prison."

The Sparta Police Department handled the investigation in this matter.

• People v. Gina Boente:

On June 28, a charge of deceptive practice was dismissed in this matter.

"Ms. Boente made the check good we were seeking to collect shortly after the charge was filed," said Randolph County State's Attorney Jeremy Walker. "The victim simply wanted their money back, and we collected that.

"Therefore, we dismissed the case, but consider this a win as the victim was fully compensated."

The Randolph County State's Attorney's Bad Check program handled the investigation in this matter.

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