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Williams attorney alludes to self-defense

Posted July 29, 2016 11:00 pm

By Pete Spitler Staff Writer

Chester's first homicide - outside of Menard Correctional Center - in a dozen years may be a case of self-defense.

That's what Justin Kuehn, the Belleville-based attorney for 26-year-old Rockwood resident London Williams, alluded to during a preliminary hearing on Friday at the Randolph County Courthouse.

Williams has been charged with first-degree murder (a Class X felony with a sentencing range of 20 to 60 years in prison) for the June 22 stabbing death of Timothy J. "T.J." Michael at Bernasek's Bar and Grill in Chester.

After being called to the stand by Randolph County State's Attorney Jeremy Walker, Chester Police Department Sgt. Joe Jany testified that witnesses told law enforcement that the situation began when Williams and Donnie Weaver were sitting outside with several other people on the side deck of Bernasek's on the night in question.

Jany said witnesses told police Williams began "needling" Weaver about his drug habits, telling him he needed to get his life together.

According to Jany, witnesses said Weaver asked Williams if they "want to go outside and settle this like we did in grade school."

Jany testified that witnesses reported the pair calmly got up to go fight and were followed outside the building by Chelsea Schroeder, Jacob Fogle, Michael and Jason McDonough.

Jany testified that witnesses said that once Weaver and Williams got outside, they started arguing. Witnesses reported Michael attacked Williams, punching him in the head several times.

During cross-examination, Kuehn asked Jany if Michael had any other wounds indicating that he punched someone several times.

"I was assuming that he did," Jany said.

Jany said Williams suffered a lump on the right brow of his eye and that Williams later told law enforcement that he was having problems with his vision as a result.

Jany testified that witnesses said Williams did not punch back and retreated to his car, only to be followed by Weaver and Michael.

According to Jany, witnesses indicated Williams got the knife from his car, made it known he had the knife, and told Weaver and Michael to stay back.

Witnesses said Michael made the statement "If you want to stab me, come on," to which Williams responded, "If you come at me, I will."

During cross-examination of Jany, Kuehn mentioned the possibility that Weaver and Michael were engaging in mob action, which is a felony in Illinois, but it was not clear during Jany's testimony if Weaver ever violently engaged Williams.

Mob action, according to Illinois law, is - in part - when two or more people act together with the intent to commit or facilitate the commission of a felony or misdemeanor.

While interviewing Weaver, Jany testified that Weaver told him Williams was calling him a drug addict and that Michael and Williams were pushing each other around, with Williams eventually going to his car.

Weaver alleges that Michael was arguing with someone else when Williams came up and stabbed him.

Jany said he was present for the autopsy and was informed by the pathologist that Michael was coming forward when he was stabbed, suffering a fatal stab wound to his intestines on the front left side of his abdomen above the waistline.

He also suffered a cut to the left side of his skull.

Jany said Williams told law enforcement,"That was it. I did what I did to go home to my family."

Walker asked Jany if Williams' car was blocked in and if he would have been able to leave.

"He would have been able to leave if he chose to," Jany said.

Kuehn later asked Jany if Williams had a duty to leave and Jany responded that he did not know.

Witnesses reported that after the stabbing, Michael staggered back to the front porch of Bernasek's, made a few statements and then began to lose consciousness.

Jany said the pathologist told him that someone with Michael's wounds could only survive for a few minutes.

Fogle and Schroeder loaded Michael into Fogle's truck and took him to Chester Memorial Hospital, where he was pronounced dead at 1 a.m. - 43 minutes after the fight was first reported to law enforcement.

Kuehn asked Jany if anyone had caught the incident on video and was told the bar did not have any surveillance video, either inside or where the fight took place.

Kuehn also asked Jany if any of the witness statements had been recorded on video, and was told they were not. He later inquired if Jany had a personal relationship with Williams.

"It's a small town, I know who he is," Jany said.

After stabbing Michael, Jany said Williams left the area in his car, throwing the knife out the driver's side window along Buena Vista hill.

Jany said CPD Officer Rob Young, who was off duty at the time, was called to the scene with a metal detector, and fellow officer Steve Laramore - who had responded to the initial report of a fight in progress with Jany and Officer Danny Wells - performed a canine search

"(Williams) said he left because he was scared and didn't know what to do," Jany said.

Jany said the knife was later found by firefighters with the Chester Fire Department, who were also called in to assist in the search for the weapon.

Jany testified that he and Randolph County Sheriff's Deputy Kyle Colvis went to Williams' Rockwood home after learning he had gone there after the stabbing.

Colvis arrived at Williams' home before Jany and Jany testified that he observed Williams exiting his house with his hands raised in surrender and speaking with Colvis.

"He stated that it was all in self-defense," Jany said.

Walker asked Jany what the original offense was that Williams was being arrested for, as Jany stated he did not know Michael was dead at the time of Williams' arrest.

"Aggravated battery," he said.

Williams was arrested and taken to Randolph County Jail. The next day, June 23, he was charged with first-degree murder (a Class X felony with a sentencing range of 20 to 60 years in prison) and given a bond of $1 million.

During Friday's hearing, Circuit Court Judge Richard A. Brown found probable cause existed and the case can move forward toward an Oct. 17 trial.

The parties will be back in court on Aug. 18 at 10 a.m. for a case management conference.

Kuehn indicated Friday that he will make a motion next week for a reduction in Williams' bond, with the motion to be argued during the Aug. 18 hearing.

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