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Randolph County State's Attorney Case Updates

Posted December 25, 2014 10:00 pm

Staff Report

Felony resolutions from December 8 to December 23.

People v. Gary E. Wallace, Jr.:

On December 8, 35-year-old Gary E. Wallace, Jr., of Sparta, pled guilty to unlawful possession of cannabis with intent to deliver before the Honorable Gene Gross and was sentenced to five years in the Illinois Department of Corrections.

Wallace admitted to possessing more than 500 grams, but less than 2,000 grams, of cannabis resulting from a search warrant executed on his home by the Sparta Police Department on December 11, 2013.

Pursuant to his plea, Wallace also forfeited two vehicles and $4,000 in cash to the Sparta Police Department.

A charge of possession of cocaine with intent to deliver, possession of weapon by a felon and a delivery of cannabis charge were dismissed pursuant to the plea.

"Mr. Wallace had a prior felony in 2005 and this will be his first sentence to the Department of Corrections," said Randolph County State's Attorney Jeremy Walker. "While we could have received one more year in DOC if we persisted on the possession of cocaine with intent to deliver charge, I felt five years was a fair sentence and we dismissed that charge to facilitate the plea.

"The other charges would not have added any time to any sentence Mr. Wallace would have received in corrections. Additionally, the plea allowed us to get $4,000 for the Sparta Police Department, as well as two vehicles, all of which will be used to keep up the fight with drugs."

People v. Anthony J. Jung:

Anthony J. Jung, 21, of Sparta, was sentenced by Judge Gross to five years in the Illinois Department of Corrections on December 15.

Jung had previously pled "open" to the charge of aggravated criminal sexual abuse on August 14.

During the plea, Jung admitted to having sex with a juvenile who was under the age of 17 and at least five years younger than Jung.

During the sentencing hearing, the State called three additional juveniles whom indicated Jung had allegedly made inappropriate contact with, but had never had sexual relations. The State requested a five-year prison sentence and the Defendant requested probation. In addition to the five year prison sentence, Jung will have to register as a sex offender for the remainder of his life.

" The victim and the other girls who came and testified to help us out were pleased with the sentence," said Randolph County State's Attorney Jeremy Walker. "While this was the first felony conviction for Mr. Jung, it was a serious offense and the fact these other juveniles came forward really helped.

"I commend the strength of the victim and these other girls for having the courage to come into court and testify. It is not easy talking about these things in a courtroom full of people."

This case was investigated by the Randolph County Sheriff's Office and Sparta Police Department.

People v. Reginald M. Williams:

On December 15, 34-year-old Reginald M. Williams, of Sparta, pled guilty to the offense of domestic battery and was sentenced to two years of probation with a condition to seek mental health (domestic violence) counseling as well as alcohol and substance abuse counseling before the Honorable Richard A. Brown.

The charge was amended from a Class 4 felony to a Class A misdemeanor at the request of the complaining witness.

Williams was arrested by the Sparta Police Department following a disturbance on November 29 in Sparta.

"The victim wanted Mr. Williams to get help," said Randolph County State's Attorney Jeremy Walker. "This sentence will require Mr. Williams to do so, or face additional penalties down the road.

"The victim no longer desired to pursue charges regarding Mr. Williams, but we were hesitant to completely dismiss the case at her request. The victim never changed her story as to what happened, she just did not want to see Mr. Williams get in trouble.

"While I understand that, the State has a duty to try to look out not only for the victim, but society as a whole and we felt Mr. Williams needed some help and this sentence will see that happens."

People v. Jennifer Masterson:

On December 15, 29-year-old Jennifer A. Masterson, of Chester, was sentenced to two years in the Illinois Department of Corrections pursuant to a negotiated plea agreement by Judge Brown.

Masterson was serving a term of probation for possession of a credit card with intent to defraud. The State alleged she had violated her probation on several occasions and Masterson admitted to a probation violation on December 15.

A charge of domestic battery (misdemeanor) was dismissed upon her sentence to the Department of Corrections.

"I honestly do not believe anyone with a straight face could say we did not get Jennifer ample opportunity to help herself," said Randolph County State's Attorney Jeremy Walker. "However, every time she was given an opportunity to improve her situation, it did not work.

"I can only hope this time in corrections will open Jennifer's eyes that continually violating the law will lead to serious ramifications. If not, we will be here to make sure the penalty goes up next time."

The Chester Police Department investigated this matter initially, with the Randolph County Probation Department and Randolph County Sheriff's Office investigating the probation violations.

People v. David L. Breeding:

On December 17, 52-year-old David L. Breeding, of Red Bud, was sentenced to two years probation by Judge Richard A. Brown following a sentencing hearing.

Breeding had previously admitted to a retail theft (Class 4 felony) occurring in Red Bud on March 10 at Cotton's Ace Hardware.

Breeding admitted to stealing an $8.99 air filter from the store. At the sentencing hearing, the State argued Breeding should receive a three-year sentence to the Department of Corrections. The Defendant requested probation.

"I realize on the surface it may look like we were overreaching on a three-year sentence; however, Mr. Breeding has 12 prior felony convictions and 10 previous trips to DOC," said Randolph County State's Attorney Jeremy Walker. "I just do not believe someone with that kind of record, regardless of the nominal nature of the offense, should get probation. I disagree with the sentence, but respect the Court's judgment and if Mr. Breeding violates his probation, I can't imagine he would go anywhere but DOC."

The Red Bud Police Department handled the investigation in this matter.

Heather N. Burgdorf:

On December 17, 27-year-old Heather N. Burgdorf, of Red Bud, was sentenced to two years probation by Judge Brown following a negotiated plea to the offense of theft over $500.

Burgdorf admitted to stealing over $900 cash from Roeslein Industries, in Red Bud, during the month of May 2014.

As a condition of her plea, Burdgorf was sentenced to 30 days in jail, fined $1, 000 ordered to enroll and complete substance abuse counseling and pay $967.43 in restitution.

A charge of possession of methamphetamine was dismissed at the time of the plea (a small amount of methamphetamine was found in Burgdorf's purse when she was arrested on the theft charge).

This charge was the same classification at the theft charge and would not have increased any possible penalties.

"Ms. Burgdorf has not had a great year," said Randolph County State's Attorney Jeremy Walker. "She is now a convicted felon, and in the State's eyes, has received her last opportunity to straighten out before very significant penalties will be requested to be imposed.

"I hope she runs with the opportunity and we have seen the last of her," stated Walker.

Lisa A. Thompson:

On December 18, 50-year-old Lisa A. Thompson, of Sparta, pled guilty "open" (meaning to agreement was reached as to the sentence) to the offense of criminal trespass to a residence (a Class 4 felony).

A sentencing hearing has been scheduled for February 4, 2015 at 1 p.m. Thompson admitted to being in a home in Tilden, without consent, on September 26, 2014.

Thompson was originally charged with residential burglary, but the charge was reduced at the request of the State.

"Ms. Thompson entered a home in Tilden and took a coffee cup, a can of coffee and spilled tea onto the floor in a second home she had no authority to enter," said Randolph County State's Attorney Jeremy Walker. "This is another case of a person's record preventing me from making a different request other than prison time.

"However, the ultimate sentence will be in the hands of the court and we will await the outcome on February 4."

The Randolph County Sheriff's Office investigated this matter.

Tyler J. Boland:

On December 22, 21-year-old Tyler J. Boland, of Evansville, pled guilty to the offense of unlawful possession of cannabis (Class A misdemeanor) and was sentenced to one year of probation with a condition to received alcohol and substance abuse treatment and pay a $750 fine.

Boland was originally charged with a felony; however, the charge was reduced at the request of the State.

"The weight of the cannabis came back from the lab under 30 grams," said Randolph County State's Attorney Jeremy Walker. "This weight required a reduction from a felony to a misdemeanor.

"To qualify for a felony, you must have over 30 grams. We simply did not have the evidence to prove the felony."

The Evansville Police Department handled the investigation in this matter.

People v. Manasseh T. Evanoff:

On December 22, 59-year-old Manasseh T. Evanoff, of Sparta, plead guilty to the offense of battery and was placed on two years conditional discharge by Judge Brown following a negotiated guilty plea.

Evanoff was arrested following an altercation with his neighbor in Sparta on June 27. The case remains pending for a restitution hearing, which will be held on January 23, 2015.

"Mr. Evanoff was claiming self-defense in this matter," said Randolph County State's Attorney Jeremy Walker. "However, he did plea a reduced charge of battery (the case was originally aggravated battery) and will be monitored by the court system for two years. Additionally, we will be seeking restitution for the victim on January 23.

"This was a very interesting case given Mr. Evanoff is legally blind and an older gentleman with no apparent criminal history. It is possible we could have received more out of it, but I think it is very possible a jury could have agreed with a self-defense claim."

Paula A. Lucas:

On December 22, 2014, 41-year-old Paula A. Lucas, of Perryville, pled guilty to the offense of unlawful possession of methamphetamine before Judge Richard A. Brown.

Lucas pled "open" as there is no agreement as to the sentence and Judge Brown will determine the sentence at a sentencing hearing to be held on February 5, 2015 at 1 p.m.

The State dismissed an attempted escape charge at the time of the change in plea.

"The attempted escape charge stemmed from Ms. Lucas running away from a correctional officer at the jail," said Randolph County State's Attorney Jeremy Walker. "She was confined behind the gates and had no practical way to escape, but she was yelling she wanted to go home.

"That charge caused her to post some additional bail, but would not have resulted in a greater sentence than what she is facing on February 5."

Regarding the meth charge, Lucas was arrested by the Chester Police Department following a traffic stop on August 4. The officer who pulled her over happened to be Chester's K-9 officer and the dog 'hit' on the car.

A resulting search located the meth.

" Chester's K-9 unit has been a great addition to the Chester PD, and really all of Randolph County, as he has been used in other arrests outside of Chester," Walker said. "The drugs in this case would have never been found if it were not for the dog."

William A. McLean:

On December 22, 21-year-old William A. McLean, of Chester, pled guilty to a reduced charge of possession of methamphetamine before Judge Richard A. Brown.

McLean was originally charged with delivering methamphetamine on March 27 to a confidential informant.

Pursuant to the plea, McLean was sentenced to two years probation under the first offender section of the Methamphetamine Control Act, will be required to complete drug and alcohol treatment, pay a $1,000 fine, a $500 drug assessment fee and $850 to the Chester Police Department Drug Fund.

Provided McLean completes his probation successfully, the charge will be dismissed in two years.

"This case was hard for me to determine an outcome," said Randolph County State's Attorney Jeremy Walker. "I do not like to give breaks to anyone dealing drugs. However, you have in this case a 21-year-old kid with no record.

"After giving it serious thought, I felt Mr. McLean deserved an opportunity to prove himself. If he screws up, he will be a convicted felon. If he walks the line, he will have proven to me he deserved a break.

"At this point it is all up to him."

This matter was investigated by the Chester Police Department.

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