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Randolph County State's Attorney Case Updates

Posted March 20, 2016 11:00 pm

By Staff Report

People v. Amber L. Williams

On March 11, 22-year-old Amber L. Williams, of Percy, pleaded guilty to the offense of criminal trespass to a residence (Class 4 Felony) before the Honorable Richard A. Brown.

Pursuant to the negotiated plea, Williams was sentenced to two years of probation, with a condition to seek alcohol and substance abuse counseling as directed by the probation department.

During the plea, Williams admitted to entering a residence in rural Steeleville on July 25, 2015 at a time when she knew one or more persons were present in the residence.

"Since Ms. Williams was arrested in July, she was evaluated for substance abuse issues and information was presented to me indicating she suffers from an addiction," said Randolph County State's Attorney Jeremy Walker. "Accordingly, we chose the path to try to get Ms. Williams help. "This is the first felony conviction for Amber, and she will be given the opportunity to vacate this felony conviction, if she is able to successfully complete the two years of probation."

The Randolph County Sheriff's Office investigated this matter.

People v. Demond C.L. Brownlee

On March 11, 21-year-old Demond C.L. Brownlee, of East St. Louis, pleaded guilty to the offense of unlawful possession of a look-alike substance (Class C misdemeanor) and was sentenced to six months of court supervision and fined $500 before Judge Richard A. Brown.

Brownlee was originally charged with unlawful possession of methamphetamine (Class 3 felony), but the charge was amended to a misdemeanor to facilitate the plea.

Brownlee admitted to possessing a look-alike substance on December 11, 2015 located during a traffic stop in Sparta.

"At the time of the arrest, the items tested positive for the presence of meth," said Randolph County State's Attorney Jeremy Walker. "However, the items were sent to the State Police Crime Lab and no controlled substances were verified.

"The items looked the part, initially tested positive and were packaged in a way one could only surmise they were a controlled substance. But, they weren't. Therefore, we amended the charge to what we could prove and moved the case."

The Sparta Police Department handled the investigation in this matter.

People v. Kenneth M. Falkenhein

On March 11, 2016, 23-year-old Kenneth M. Falkenhein, of Steeleville, pleaded guilty to the offense of criminal trespass to a residence (Class A misdemeanor) and was ordered to pay a fine of $350 before Judge Richard A. Brown.

A charge of robbery (Class 2 felony) was dismissed and the criminal trespass charge was reduced from a Class 4 felony to a misdemeanor to facilitate the plea.

During the plea, Falkenhein admitted to remaining in a residence in Chester on October 27, 2015 after being told to leave.

"The original allegation indicated Mr. Falkenhein and another individual took a cell phone from the person in the residence," said Randolph County State's Attorney Jeremy Walker. "However, after several weeks of Mr. Falkenhein sitting in jail, the complaining witness indicated she had located the phone and wanted the robbery charge dismissed.

"Accordingly, we did. However, I did not want to dismiss the case in its entirety as I question the victim's motives in the change of story as there is a relationship between her daughter and the defendant."

The Chester Police Department handled the investigation in this matter.

People v. Jeffrey R. Pautler

On March 11, 48-year-old Jeffrey R. Pautler, of Coulterville, pleaded guilty to a reduced charges of criminal damage to property (Class A misdemeanor) before Judge Richard A. Brown.

Pursuant to the plea, Pautler was ordered to pay a $1,000 total fine/costs and restitution to the victim.

During the plea, Pautler admitted to causing damage to a bar in Coulterville on October 5, 2015.

"Mr. Pautler has been in trouble in the past, but the victim did not want to see a felony conviction for this matter, and simply wanted the money for her business suffering damage," said Randolph County State's Attorney Jeremy Walker. "Accordingly, we obtained full restitution, which was paid up front at the time of plea, and reduced the case from a felony to a misdemeanor."

The Coulterville Police Department handled the investigation in this matter.

People v. Rayshawnda C. Gillespie

On March 11, 34-year-old Rayshawnda C. Gillespie, of Sparta, pleaded guilty to the offense of unlawful possession with intent to deliver a controlled substance before the Honorable Gene Gross and was sentenced to 66 months in the Illinois Department of Corrections.

During the plea, Gillespie admitted to possessing more than 1 gram, but less than 15 grams, of cocaine with the intent to deliver in Sparta on June 16, 2015.

"Ms. Gillespie has been to the Department of Corrections in this past, but this will be her longest sentence," said Randolph County State's Attorney Jeremy Walker. "While we did not have an actual delivery, the evidence in this case clearly showed the cocaine was meant to be delivered.

"Therefore, I felt prison was the only option. I generally do not believe in probation for drug dealers and try to lengthen any sentence a defendant has previously served in corrections."

The Sparta Police Department handled the investigation in this matter.

People v. Jamie R. Baggett

On March 11, 32-year-old Jamie R. Baggett, of Murphysboro, pleaded guilty to the offense of driving while license revoked (Class 4 felony) before Judge Richard A. Brown.

No agreement was reached as to the sentence and the matter is set for a sentencing hearing on May 9 at 1 p.m.

During the plea, Baggett admitted to driving a motor vehicle in Steeleville at a time his license was revoked due to a DUI conviction and after having been convicted of the same offense on at least two other occasions.

During the traffic stop leading to this arrest, a narcotic painkiller was also located, but the controlled substance allegation was dismissed to facilitate the plea.

"The controlled substance charge dismissed was the same classification of penalty; therefore, we did not give up anything with the dismissal," said Randolph County State's Attorney Jeremy Walker. "Additionally, the driving on revoked charge carries a mandatory minimum 180 days in jail on the offense. I will be seeking a sentence of one year in the Department of Corrections at sentencing as it is cheaper for Randolph County to have the defendant do 180 days in corrections (the offense is day for day eligible)."

The Steeleville Police Department handled the investigation in this matter.

People v. Donald V. Reeves

On March 11, 31-year-old Donald V. Reeves, of Walsh, pleaded guilty to the offense of Forgery before Judge Brown and was sentenced to 364 days in Randolph County Jail, placed on probation for two years and must complete alcohol and substance abuse treatment as a condition of probation.

During the plea, Reeves admitted to presenting a check which was forged by him to a bank teller in Sparta on October 5, 2015.

"The check was never cashed as the teller knew the victim and questioned the transaction," said Randolph County State's Attorney Jeremy Walker. "Nonetheless, the facts supported a forgery conviction.

"Our jail staff and sheriff (Shannon Wolff) indicated Mr. Reeves has been a wonderful asset to the jail as a trustee (worker) and they asked me to seek a jail sentence, instead of a sentence to the Department of Corrections," Walker continued. "I spoke with the victim and there was no objection."

The Percy Police Department handled the investigation in this matter.

People v. Robert R. Falkenhein, Jr.

On March 11, 36-year-old Robert R. Falkenhein, Jr., of Steeleville, pleaded guilty to the offense of aggravated criminal sexual abuse (Class 2 felony) and was sentenced to 14 years in the Illinois Department of Corrections before Judge Brown.

During the plea, Falkenhein admitted to having sexual intercourse with a female victim between 13 years of age and 17 years of age, at a time when he was at least five years older than the victim, during the month of May 2015 in Steeleville.

"The 14-year sentence was the maximum sentence we could achieve in this matter," said Randolph County State's Attorney Jeremy Walker. "A Class 2 usually carries a seven-year sentence, but we notified the defendant of an extended sentence (double the usual sentence) based on a prior felony conviction.

"The Steeleville Police Department put together a great case for us and we had a very cooperative and articulate victim," Walker continued. "Based on those two factors, we literally maxed out what we could do and we are as pleased as you can be when you are prosecuting a case like this."

The Steeleville Police Department handled the investigation in this matter.

People v. Bethany N. Moore

On March 11, 25-year-old Bethany N. Moore, of Steeleville, pleaded guilty to the offense of residential burglary (accountability) and was sentenced to four years in the Illinois Department of Corrections before Judge Richard A. Brown.

During the plea, Moore admitted to aiding two other individuals enter a dwelling with the intent to commit a theft in rural Percy on December 6, 2015.

"We did not have any evidence Ms. Moore actually entered the dwelling, but the law states if you know it is going to happen and you help it happen, you are just as guilty as the ones who actually do the crime," said Randolph County State's Attorney Jeremy Walker. "Furthermore, in my opinion, they should be held just as responsible as without their cooperation, the crime may have never occurred.

"Residential burglary is a very serious offense and with very few exceptions we send people to prison for doing this crime. Ms. Moore was recommended for impact incarceration (boot camp) and she can significantly decrease her sentence by completing that intensive program."

The Randolph County Sheriff's Office handled the investigation in this matter, with assistance from Steeleville and Percy Police Departments.

People v. Robert J. Terry

On March 11, 29-year-old Robert J. Terry, of Marissa, pleaded guilty to the offense of aggravated domestic battery (Class 2 felony) and was sentenced to 90 days in jail, two years of probation with conditions to seek counseling and have no contact with the victim before Judge Richard A. Brown.

During the plea, Terry admitted to placing his hands around the neck of a family/household member which impeded the breathing of the victim in Tilden on January 7.

"This is the first felony conviction for Mr. Terry," said Randolph County State's Attorney Jeremy Walker. "We take cases of domestic violence very seriously and stayed the course to obtain a felony conviction.

"Luckily there was no permanent physical injury, but domestic violence leaves long term and lasting emotional injury. Mr. Terry will have to successfully complete anger management/mental health counseling as well as alcohol and substance abuse counseling."

The Tilden Police Department handled the investigation in this matter.

People v. Jerome A. Smith

On March 11, 29-year-old Jerome A. Smith, of Sparta, pleaded guilty to the offense of burglary (Class 2 felony) before Judge Richard A. Brown.

However, no agreement was reached as to the sentence and this matter is set for a sentencing hearing on April 15 at 9 a.m.

During the plea, Smith admitted to entering into a motor vehicle with the intent to commit a theft on January 25in Sparta.

"Based on a prior burglary conviction, Mr. Smith will not be able to receive probation and can get up to 14 years in corrections (extended term sentence)," said Randolph County State's Attorney Jeremy Walker. "We will present evidence at the sentencing hearing this was not an isolated incident and seek a prison sentence congruent with that fact.

"Again, probation is not an option; it will be an argument over the length of time in corrections."

The Sparta Police Department handled the investigation in this matter.

People v. Russell A.L. Stokes

On March 15, a charge of burglary was dismissed against Russell A.L. Stokes, 24, of Sparta.

Stokes was recently sentenced to 100 months in the Federal Bureau of Prisons in a methamphetamine conspiracy prosecution.

"While this may show up as a dismissal, this investigation and efforts by our local law enforcement gained a federal conviction and a 100 months prison sentence," said Randolph County State's Attorney Jeremy Walker. "We consider that a win."

People v. Joshua J. Rickenberg

On March 16, 29-year-old Joshua J. Rickenberg, of Tilden, pleaded guilty to the offense of aggravated domestic battery and was sentenced to 60 days in jail, and probation for a period of two years, with conditions to seek counseling before Judge Richard A. Brown.

During the plea, Rickenberg admitted to placing his hands around the neck of a family/household members (his uncle) and impeding the normal breathing of the victim while in Tilden on January 30.

"Mr. Rickenberg had one prior felony conviction, but the victim was not pushing for any punishment and asked for me to drop the charges," said Randolph County State's Attorney Jeremy Walker. "I would not do so due to the severity of the incident/allegation.

"I may have backed off what the case could have garnered if we pushed for a trial, but I suspect I would have lost the cooperation of the victim if I pushed it that far. These cases are a delicate balance of pushing for what we feel is appropriate, taking into consideration what the victim desires and what finally what happens if those paths end up diverging."

People v. Michael S. Recard

On March 17, 50-year-old Michael S. Recard, of Baldwin, was sentenced to 14 years in the Illinois Department of Corrections by Judge Richard A. Brown following a sentencing hearing.

Recard had previously pleaded guilty to the offense of unlawful participation in methamphetamine production on January 28, 2016, but no agreement was reached as to the sentence at that time.

During the sentencing hearing on March 17, the State presented evidence the total weight manufactured by the defendant at the time of the incident (October 2, 2015) was over 100 grams of meth.

Furthermore, evidence showed the defendant had three prior sentences to the Department of Corrections. For these reasons, the State requested a 20-year prison sentence.

The defendant requested the minimum sentence of six years in DOC.

"Methamphetamine offenses which involve manufacturing or delivering are treated very strongly by my office," said Randolph County State's Attorney Jeremy Walker. "This misery that emanates from this poison is immeasurable.

"Addiction and health problems to the users are just the beginning; you also have to factor in the thefts and other crimes committed by those addicted to feed their habits. Finally, the harm to the family members of those addicted having to take care of children or grandchildren because someone is too addicted or locked up because of their behaviors."

The Randolph County Sheriff's Office led the investigation in this matter with assistance from the Illinois State Police and Illinois Department of Corrections.

People v. Dustin W. Brewer

On March 17, 35-year-old Dustin W. Brewer, of Sparta, pleaded guilty to the offense of unlawful possession of a firearm without FOID Card (Class 3 felony) before Judge Richard A. Brown and was sentenced to 90 days in jail, two years of probation and surrendered a pistol and rifle to the Sparta Police Department.

During the plea, Brewer admitted to possessing a 9mm pistol and .22 caliber rifle in Sparta on December 12, 2015, when he did not have a FOID card and was ineligible for a FOID card.

A charge of unlawful possession of firearm by a felon was dismissed, per the plea agreement.

"The original charge of possession of a firearm by a felon was a mandatory prison sentence of at least two years," said Randolph County State's Attorney Jeremy Walker. "The evidence showed Mr. Brewer had a felony in 2004 in the State of Texas for marijuana possession.

"I just could not justify sending someone to prison for having a gun after being convicted of that offense, and that long ago. Accordingly, I found a charge that is the same classification of felony, but carried probation as a disposition."

The Sparta Police Department handled the investigation in this matter.

People v. David J. Brewer

On March 17, 73-year-old David J. Brewer, of Belleville, pleaded guilty to the offense of unlawful financial exploitation of an elderly person (a Class 1 felony) before Judge Gene Gross.

No agreement was reached as to the sentence and this matter is set for a sentencing hearing on April 11 at 1 p.m. before Judge Gross.

A similar charge, but a lower classification of felony, was dismissed pursuant to the plea. During the plea, Brewer admitted to obtaining $140,000 by deception from a male victim in Chester when Brewer held a position of trust or authority to the victim on September 16, 2014.

"I spoke with the victim regarding the charge we dismissed, which only carried a maximum of 5 years in DOC," said Randolph County State's Attorney Jeremy Walker. "The charge pleaded to by Mr. Brewer carries a minimum sentence of four years, and a maximum of 15 years.

"Furthermore, we will present any known victim of Brewer to the judge for what is called a factor in aggravation to attempt to garner a prison sentence in this matter. This outcome is the same as if we went to trial and won."

The Chester Police Department and Randolph County Sheriff's Office handled the investigation in this matter.

People v. Derril and Jessica Heath

On March 18, Derril and Jessica Heath were sentenced to 14 years in the Illinois Department of Corrections following a sentencing hearing (a separate hearing for each defendant was held) by Judge Richard A. Brown.

Both defendants had previously been found guilty of possessing more than 15, but less than 100 grams of methamphetamine, stemming from a search warrant executed at a residence in Chester on August 6, 2014.

During the sentencing hearings, each defendant requested the minimum sentence of six years in the Department of Corrections, while the State requested a sentence of 15 years for each defendant.

In addition to the sentence to DOC, each defendant was required to pay a $2,000 total fine/costs and a mandatory drug assessment fee of $3,000.

"This case again illustrates the misery meth causes in our communities," said Randolph County State's Attorney Jeremy Walker. "As a prosecutor you enjoy seeing a case you worked on for a year and a half come to a conclusion.

"We had to fight off a challenge to a search warrant, numerous delays occasioned by the defendants and an attempt at the end to switch lawyers and slow it down again."

The Chester Police Department, with assistance from the Sparta Police Department, investigated this matter.

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