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Randolph County State's Attorney Updates

Posted October 25, 2016 11:00 pm

By Staff Report

• David A. Berthold:

On September 29, David A. Berthold, 41, of Cutler, pleaded guilty to the offense of residential burglary (Class 1 felony) before the Honorable Gene Gross.

Pursuant to the negotiated plea, Berthold was sentenced to four years in the Illinois Department of Corrections.

During the plea, Berthold admitted to assisting another person in entering a residence with the intent to commit a theft in rural Steeleville on July 14.

"The Defendant had not been in trouble in 15 years, but it is a serious crime to either enter or help another enter a house and steal," said Randolph County State's Attorney Jeremy Walker. "We treat those crimes seriously and feel a four year stint in corrections was an adequate punishment for the offense."

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

• Lee A. Fosnock:

On September 29, Lee A. Fosnock, 36, of Pinckneyville, pleaded guilty to the offense of unlawful possession of methamphetamine and was sentenced to two years of probation (with a condition to seek substance abuse treatment) and 30 days in the Randolph County Jail before Judge Gene Gross.

During the plea, Fosnock admitted to possessing less than 5 grams of methamphetamine located during a traffic stop in Sparta on September 9.

"The Defendant appears to have had two prior felonies, but those dated to 2001 and 1998," said Randolph County State's Attorney Jeremy Walker. "Based on the user amount of meth located, it will be our goal to rehabilitate the Defendant."

The Sparta Police Department handled the investigation in this matter.

• Bobbie J. Bianco (AKA Bobbie J. Terry):

On September 29,. Bobbie J. Bianco (AKA Bobbie J. Terry), pleaded guilty to the offenses of burglary and unlawful procurement of methamphetamine precursor before Judge Gene Gross and was sentenced to five years in the Illinois Department of Corrections.

During the plea, Bianco admitted to obtaining pseudoephedrine on November 11, 2015 in Randolph County for the manufacture of methamphetamine, as well as entering a building of another with the intent to commit a theft in rural Chester in July.

A separate charge of theft was dismissed pursuant to the plea, an additional count of procurement and a charge of possession of controlled substance.

"Given the lack of a serious criminal history, we felt five years in Corrections was an adequate sentence for all of the alleged conduct," said Randolph County State's Attorney Jeremy Walker. "Accordingly, we obtained pleas on the Class 2 felonies (the most serious charges) and dismissed the lower hanging fruit."

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

• Cliff B. Buehler:

On September 29, Cliff B. Buehler, 37, of Campbell Hill, pleaded guilty to the offense of criminal damage to state-supported property before the Honorable Richard A. Brown.

No agreement was reached as to the sentence, and the matter has been set for a sentencing hearing on December 2.

During the plea, Buehler admitted to damaging a police vehicle of the Village of Steeleville on November 29, 2015, with the damage being less than $500 dollars.

"We will await the pre-sentence report before coming to any final decisions as to the sentence," said Randolph County State's Attorney Jeremy Walker. "However, usually when an open plea is taken in the matter, it is due to the fact the State is requesting a more onerous sentence than one the Defendant is willing to accept, or the Defendant feels is fair."

The Steeleville Police Department handled the investigation in this matter.

• Ronald G. Williams:

On September 29, Ronald G. Williams, 63, of Percy, pleaded guilty to a reduced charge of possession of cannabis (Class A misdemeanor) before Judge Richard A. Brown, was fined $1,000 and ordered to pay a $1,000 assessment to the Randolph County Sheriff's Office Drug Fund.

Williams was originally charged with possessing more than 500, but less than 2,000 grams of cannabis.

During the plea, Williams admitted to possessing more than 10, but less than 30 grams in Percy on September 23, 2015.

"Cannabis cases, with the recent changes to the law, are becoming more problematic for me as a prosecutor," said Randolph County State's Attorney Jeremy Walker. "It appears we are headed, for better or worse, to continued weakening or extinction of the cannabis laws.

"Therefore, do we choose to give someone a felony for a cannabis offense if they have never been in trouble before? In this case, we decided no."

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

• Joshua M. Phelps:

On October 3, Joshua M. Phelps, 21, of Shiloh, pleaded guilty to an amended charge of criminal damage to property (Class A misdemeanor) before Judge Richard A. Brown and was ordered to pay a $500 fine and $500 restitution to the Village of Coulterville.

Phelps was originally charged with criminal damage to property (Class 4 felony). During the plea, Phelps admitted to cutting ruts on a road controlled by the Village of Coulterville on May 9.

"Mr. Phelps had no prior felonies before this incident and based on this fact, and his age, we felt a misdemeanor was a more appropriate disposition," said Randolph County State's Attorney Jeremy Walker. "It is a hard decision to make when you 'hang' a felony on someone for the first time, as that will forever change their lives.

"This just did not seem the type of stupidity which seemed felony worthy."

The Coulterville Police Department handled the investigation in this matter.

• Natisha R. Mitchell:

On October 3, Natisha R. Mitchell, 37, of Campbell Hill, pleaded guilty to the offense of obstructing justice (Class 4 felony) before Judge Richard A. Brown, was sentenced to 10 days in jail and placed on probation for a period of two years.

During the plea, Mitchell admitted to possessing a document from the Iowa Department of Transportation indicating her driver's license was valid, when in fact it was not on February 2.

"Mitchell is on probation in Iowa and a strong argument could be made she deserved to go the Department of Corrections for committing another felony, while on probation," said Randolph County State's Attorney Jeremy Walker. "If Ms. Mitchell was on probation for another offense in the State of Illinois, I may have advocated for such a position. However, when you isolate the conduct in this case, it was not a prison type of case."

The Steeleville Police Department handled the investigation in this matter.

• Ayla M. Jones:

On October 3, Ayla M. Jones, 24, of Sparta, pleaded guilty to the offense of burglary and was sentenced to three years in the Illinois Department of Corrections before Judge Gene Gross.

Pursuant to the plea, charges of unlawful possession of a controlled substance and retail theft and an additional count of burglary were dismissed.

During the plea, Jones admitted to entering a building with the intent to commit a theft on July 13 in rural Sparta.

"Ms. Jones had no prior convictions, but did have some charges pending at the time of her arrest on the burglary charge she pleaded to," said Randolph County State's Attorney Jeremy Walker. "It was entirely possible if we prosecuted each case to its fullest extent, a first time offender may have received probation.

"Certainly, given all of what was going on, we felt a trip to DOC was likely, but we took the conviction on the most serious charge (burglary) and assured a prison sentence by negotiating the case."

The Randolph County Sheriff's Office handled the investigation in the burglary case.

• Carl Dickerson:

On October 3, Carl W. Dickerson, 43, of Marissa, pleaded guilty to the offense of burglary before Judge Gene Gross and was sentenced to two years of probation, with a condition to remain in the Randolph County Jail until Dickerson can be transferred to a residential drug treatment center.

During the plea, Dickerson admitted to entering a building in rural Sparta with the intent to commit a theft in July.

"Mr. Dickerson was very cooperative with law enforcement and we wanted to make sure he got help for his drug problem, which I am confident is what led him to be involved in this burglary," said Randolph County State's Attorney Jeremy Walker. "Mr. Dickerson will stay in jail, possibly for several months, while waiting for a bed to get help."

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

• Lorra S. Stahlheber:

On October 3, Lorra S. Stahlheber, 49, of Murphysboro, pleaded guilty to the offense of theft under $500 (enhanced to Class 4 felony based on a prior retail theft conviction), before Judge Richard A. Brown.

No agreement was reached as to the sentence and this matter is set for a sentencing hearing on November 21, 2016 at 1 p.m.

During the plea, Stahlheber admitted to obtaining property by deception on April 5 in Sparta, after she had been convicted of retail theft in Jackson County in 2014.

"Ms. Stahlheber has a criminal history and has recently been on probation," said Randolph County State's Attorney Jeremy Walker. "While I cannot guarantee a prison outcome, nor would a jury trial have given a guaranteed prison sentence, I will be asking for one."

The Sparta Police Department handled the investigation in this matter.

• Patrick E.S. Ogilvie:

On October 3, Patrick E.S. Ogilvie, 44, of Sparta, pleaded guilty to the offense of theft over $500 (Class 3 Felony) before Judge Gene Gross.

The Defendant made an election to be sentenced under the first offender probation status and the matter has been set for a sentencing hearing on November 21 at 1 p.m.

The State agreed to dismiss a burglary charge pursuant to the plea. During the plea, Ogilvie admitted to exerting unauthorized control over property having a value over $500 in Walsh on July 25.

"The theft of the property is what led to the underlying burglary charge, which we ultimately dismissed," said Randolph County State's Attorney Jeremy Walker. "The Defendant is requesting to be treated under the first offender probation status, which means he must undergo a drug/alcohol evaluation to determine if he has a drug/alcohol problem and if that problem led to the criminal conduct."

"We have no doubt both of those answers will be an affirmative."

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

• Brent Lee:

On October 3, Brent Lee, 35, of Chester, pleaded guilty to the offense of unlawful possession of methamphetamine with intent to deliver (Class X felony) before Judge Richard A. Brown.

No agreement was reached as to the sentence and the matter is set for a sentencing hearing on November 7 at 1 p.m.

During the plea, Lee admitted to possessing more than 15 grams, but less than 100 grams, of meth with the intent to deliver, located following a traffic stop in Chester on July 30.

"Due to the classification of felony, Class X, the sentencing hearing will be about the length of a DOC sentence," said Randolph County State's Attorney Jeremy Walker. "We could not agree on a number while trying to negotiate, and each side will be able to present their argument as to the number of years they feel is fair on November 7."

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

• Paul T. Despain:

On October 4, Paul T. Despain, 60, of Baldwin, pleaded guilty to the amended charge of unlawful possession of cannabis sativa plants (Class A misdemeanor) before Judge Richard A. Brown and was ordered to pay at $2,500 total fines/costs, $4,900 to the Randolph County Sheriff's Office Drug Fund and surrendered several firearms to the Randolph County Sheriff's Office.

Despain was originally charged with possessing more than 50, but less than 100 plants.

During the plea, Despain admitted to possessing less than 5 plants located during the execution of a search warrant of his property in rural Baldwin on June 30.

"We had no evidence the cannabis was for anything but personal use," said Randolph County State's Attorney Jeremy Walker. "Mr. Despain had no prior felony history and as I have said before in these updates, it is difficult for me to find the reasoning to tag someone with their first felony given a lack of history and personal use cannabis.

"I may be wrong in my thinking and respect those that disagree."

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

• Joshua J. Rickenberg:

On October 5, Joshua J. Rickenberg, 30, of Tilden, pleaded guilty to the offense of burglary and was sentenced to three years in the Illinois Department of Corrections before Judge Gene Gross.

Rickenberg was originally charged with residential burglary, but the charge was reduced to burglary to facilitate the plea.

During the plea, Rickenberg admitted to entering a building of another with the intent to commit therein a theft in rural Steeleville on July 14.

"We wanted and obtained a prison sentence for the Defendant, which was our main objective," said Randolph County State's Attorney Jeremy Walker. "Again, we treat property crimes serious in this county and if you burglarize a residence, there is a very strong likelihood you are going to prison.

"Hopefully, this time in corrections will help the Defendant get straight."

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

• Dylan V. Wayland:

On October 6, this matter was dismissed on motion of the State, as the Defendant was recently sentenced to 100 months in the Federal Bureau of Prisons.

"Mr. Wayland was indicted by the federal authorities shortly after this case was initiated," said Randolph County State's Attorney Jeremy Walker. "We could not have given Mr. Wayland anywhere near the time the feds gave him and are happy with the ultimate outcome, even if we took a dismissal on our charge of criminal damage to property."

• Justin K. Martin:

On October 6, Justin K. Martin, 37, of Tilden, pleaded guilty to the offense of burglary and was sentenced to four years in the Illinois Department of Corrections before Judge Gene Gross.

The State dismissed one count of driving while license revoked, another count of burglary and three misdemeanor charges relating to domestic battery and violating an order of protection. During the plea, Martin admitted to entering a building of another in Walsh during the month of July 2016, with the intent to commit a theft.

"Mr. Martin had no prior felonies before things went off the rails this summer," said Randolph County State's Attorney Jeremy Walker. "We spoke with the victim in the domestic and order of protection cases, and she was satisfied with the felony conviction and prison sentence."

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

• Frankie R.S. Robertson:

On October 6, Franke R.S. Robertson, 44, of Steeleville, pleaded guilty to the offense of disorderly conduct (Class 4 felony) and was sentenced to time served in jail and two years of probation with conditions to seek alcohol/substance abuse treatment as well as mental health treatment before Judge Gene Gross.

During the plea, Robertson admitted to calling 911 without a reasonable ground for calling 911 for assistance on June 30.

"Mr. Robertson presents a very common problem or issue with criminal justice," said Randolph County State's Attorney Jeremy Walker. "Mr. Robertson has severe mental health issues, and those issues are exacerbated by self-medicating with alcohol or other substances."

The Steeleville Police Department handled the investigation in this matter.

• Matthew J. Raby:

On October 11, Matthew J. Raby, 31, of Sparta, pleaded guilty to the offense of unlawful possession of controlled substance before Judge Richard A. Brown.

No agreement was reached as to the sentence and the matter has been set for a sentencing hearing on December 2.

During the plea, Raby admitted to possessing less than 15 grams of heroin on July 28, located during a traffic stop in Sparta.

"Mr. Raby, based on my information, has three prior felony convictions and I will be seeking a sentence to the Department of Corrections on December 2," said Randolph County State's Attorney Jeremy Walker. "We will see what happens then."

The Sparta Police Department handled the investigation in this matter.

• Melissa K. Baughman:

On October 11, Melissa K. Baughman, 37, of Chester, pleaded guilty to the offense of unlawful delivery of methamphetamine (Class 2 felony) before Judge Richard A. Brown.

No agreement was reached as to the sentence and the matter has been set for a sentencing hearing on December 2 at 10 a.m.

During the plea, Baughman admitted to delivering less than 5 grams of methamphetamine to a confidential information in Chester on March 31.

"We believe, based on the criminal history of the Defendant, this matter will be a mandatory prison sentence," said Randolph County State's Attorney Jeremy Walker. "If this bears out at sentencing, it will be an argument about the number of years only."

The Chester Police Department handled the investigation into this matter.

• Jamie R. Baggett:

On October 13, Jamie R. Baggett, 33, of Murphysboro, was sentenced to one year in the Illinois Department of Corrections following a sentencing hearing before Judge Richard A. Brown.

Baggett had previously pleaded guilty to the offense of driving while license revoked, and the State had previously dismissed a charge of possession of controlled substance.

"Mr. Baggett had not been to the Department of Corrections in the past and we are pleased with the disposition," said Randolph County State's Attorney Jeremy Walker. "While we dismissed a charge, it carried the same classification of penalties as the charge pleaded and would not have increased, in my opinion, the sentence."

The Steeleville Police Department handled the investigation in this matter.

• Alphonso R. Travis:

On October 13, Alphonso R. Travis, 51, of Sparta, was sentenced to 30 months of probation with a condition to seek alcohol/drug counseling following a sentencing hearing before Judge Gene Gross.

Travis had previously pleaded guilty to delivering a controlled substance (cocaine) to a confidential informant in Sparta on December 3, 2015.

During the sentencing hearing, the State requested a sentence of three years in DOC and the Defendant requested a term of probation.

The State did agree to dismiss three additional delivery charges, but provided evidence of the same to the court during sentencing.

"All of the offenses Mr. Travis was accused of were eligible for probation," said Randolph County State's Attorney Jeremy Walker. "Furthermore, it had been over 20 years since Mr. Travis has been in trouble.

"For those reasons, I suspected it would be a difficult sell to the Court for a prison sentence. However, we do not normally offer probation to a drug dealer."

The Sparta Police Department and Randolph County Sheriff's Office jointly investigated this matter.

• Garrett W. Holland:

On October 17, Garrett W. Holland, 19, of Ellis Grove, pleaded guilty to the offense of unlawful possession of controlled substance before Judge Gene Gross and was sentenced to two years of probation with a condition to seek alcohol/substance abuse counseling, as well as pay a $2,500 assessment to the Chester Police Department Drug Fund.

The State agreed to dismiss another charge of possession of controlled substance pursuant to the plea.

During the plea, Holland admitted to possessing less than 15 grams of a substance containing hydrocodone located during a stop initiated by the Chester Police Department on April 2.

"Garrett received the first offender status under the Controlled Substance Act and can avoid a conviction if he stays clean and out of trouble for two years," said Randolph County State's Attorney Jeremy Walker. "While one could argue he should not have received such a disposition after getting in trouble while on bond for the first charge, I just could not see hammering the young man who obviously has a drug problem."

The Chester Police Department handled the investigation in this matter.

• Jonathon Stewart:

On October 20, Jonathon C. Stewart, 30, of Steeleville, pleaded guilty to the offense of violation of order of protection (Class 4 felony).

No agreement was reached and this matter has been set for a sentencing hearing on November 21 at 1 p.m.

Pursuant to the plea, the State dismissed an additional count of violation of order of protection and a charge of burglary.

During the plea, the Defendant admitted to violating the terms of an Order of Protection by having contact with the protected party in Sparta on August 15.

"The burglary case was not the strongest in the world and related to alleged conduct with the mother of Mr. Stewart's children," said Randolph County State's Attorney Jeremy Walker. "Furthermore, it was not a conventional burglary case in that nothing was taken, we alleged unauthorized entry with the intent to commit a felony, but no felony took place."

The Sparta Police Department handled the investigation in this matter.

• Breat M. Walls:

On October 20, Breat M. Walls, 26, of Coulterville, pleaded guilty to the offense of disorderly conduct (Class 4 felony) and was sentenced to 30 days in jail and two years of probation before Judge Gene Gross.

During the plea, Walls admitted to calling 911 without reasonable cause on September 23.

"You can just chalk this one up to an act of stupidity," said Randolph County State's Attorney Jeremy Walker. "If it wasn't for the fact Breat has been in trouble before, you could make an argument it was not felony stupid.

"However, when you have been in trouble before, you lose some steam in taking it easy on you for an act of stupidity."

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

• Chaz E. Bland:

On October 21, Chaz E. Bland, 23, of Du Quoin, pleaded guilty to the charge of theft under $500 before Judge Gene Gross, was fined $2,000 and ordered to pay $408 in restitution to the victim.

A charge of burglary was dismissed to facilitate the plea.

During the plea, Bland admitted to exerting unauthorized control over the property of another in Coulterville on May 11.

"The victim was consulted and felt it was appropriate to give this young man a break," said Randolph County State's Attorney Jeremy Walker. "With that input, we take the misdemeanor conviction, which is a very serious offense, obtain full restitution and move the case accordingly."

The Coulterville Police Department handled the investigation in this matter.

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