News

Updates from Randolph County court

Posted May 08, 2017 11:00 pm

By Staff Report

<ul>

<li> Neil M. Miller</li>

</ul>

On April 10, 36-year-old Neil M. Miller, of Murphysboro, pleaded guilty to the offense of unlawful possession of methamphetamine before Circuit Court Judge Richard A. Brown.

Pursuant to the negotiated plea, Miller was sentenced to two years of probation, with a condition to seek substance abuse counseling as directed by the probation department. Additionally, Miller will remain in the Randolph County Jail for an evaluation for placement in a residential treatment facility, and if accepted, remain in jail until a bed becomes available for treatment.

During the plea, Miller admitted to possessing less than 5 grams of methamphetamine located by a Perry County Sheriff's deputy during a traffic stop occurring just inside of Randolph County on January 30.

"Mr. Miller had a prior conviction for cannabis in 2010, which made him ineligible for first offender status," said Randolph County State's Attorney Jeremy Walker. "However, our goal with users is still the same, treatment.

"This disposition will ensure long term abstinence from drugs by being in jail, and then residential treatment.

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

<ul>

<li> Oscar A. Perez</li>

</ul>

On April 10, 20-year-old Oscar A. Perez, of Baldwin, pleaded guilty to the offense of burglary before Judge Richard A. Brown.

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

During the plea, Perez admitted to entering a storage shed of the Red Bud High School with the intent to commit therein a theft on November 28, 2016.

"Mr. Perez had no prior criminal history before this incident," said Randolph County State's Attorney Jeremy Walker. "Mr. Perez and two others entered a shed and took some T-shirts and cooler cups.

"A co-defendant paid for the restitution and it is apparent drugs played a role in this act of stupidity."

The Red Bud Police Department handled the investigation in this matter, with assistance from the Monroe County Sheriff's Department.

<ul>

<li> Paul S. Blackmore:</li>

</ul>

Paul Blackmore, 19, of Red Bud, was a co-defendant with Oscar A. Perez. Blackmore was sentenced to the same disposition as Perez on April 10.

<ul>

<li>Brittney J. Wingerter:</li>

</ul>

On April 13, 19-year-old Brittney J. Wingerter, of Sparta, pleaded guilty to the offense of unlawful possession of methamphetamine before Judge Richard A. Brown.

Pursuant to the negotiated plea, Wingerter was sentenced to first offender probation for a period of one year, with a condition to seek substance abuse counseling.

During the plea, Wingerter admitted to possessing less than 5 grams of methamphetamine located during a traffic stop in Sparta on December 21, 2016.

"Ms. Wingerter had no prior history and the first offender status seemed the best disposition for her, to hopefully allow her to remove this from her record after successful completion of probation,"said Randolph County State's Attorney Jeremy Walker. "We shortened the length of probation from a typical term of two years to one year as the defendant had went to residential treatment on her own before the time of plea."

The Sparta Police Department handled the investigation in this matter.

<ul>

<li>Gregory A. Albaugh:</li>

</ul>

On April 20, 34-year-old Gregory A. Albaugh, of Chester, was sentenced to four years in the Illinois Department of Corrections following a sentencing hearing before the Associate Circuit Court Judge Gene Gross.

Albaugh had previously pleaded guilty to the offense of unlawful possession of methamphetamine regarding an incident occurring on January 30 involving less than 5 gram of meth.

At the sentencing hearing, the State requested a sentence of four years in corrections, while the defendant requested a term of probation.

"Mr. Albaugh had a previous commitment to the Department of Corrections," said Randolph County State's Attorney Jeremy Walker. "For that reason, probation did not seem appropriate."

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

<ul>

<li>Daniel G. Aponte:</li>

</ul>

On April 20, Daniel J. Aponte, pleaded guilty to the offense of criminal trespass to a residence (Class A misdemeanor) before Judge Richard A. Brown.

Pursuant to the plea, Aponte was placed on probation for a period of one year with a condition to seek substance abuse treatment.

During the plea, Aponte admitted to entering a trailer in Sparta without consent on January 27. A felony charge of child abduction was dismissed to facilitate the plea.

"While the words child abduction certainly sound serious, and are, the case involved Mr. Aponte not returning his child to its mother at the conclusion of agreed upon time with the child," said Randolph County State's Attorney Jeremy Walker. "Mr. Aponte and the mother are now back together and she was no longer desirous in pursuing charges."

The Sparta Police Department handled the investigation in this matter.

<ul>

<li> Jacob R. Villaflor-Foutch:</li>

</ul>

On April 24, 24-year-old Jacob R. Villaflor-Foutch, of Chester, pleaded guilty to the offense of unlawful possession of methamphetamine before Judge Richard A. Brown.

Pursuant to the negotiated plea, Villaflor-Foutch was sentenced to a term of two years of probation under first offender status, with a condition to seek substance abuse treatment.

During the plea, Villaflor-Foutch, admitted to possessing less than 5 grams of methamphetamine located during a traffic stop in Chester on December 26, 2016.

"With no prior history we could locate on the defendant, we felt first offender probation was a good outcome to try to help the defendant with addiction issues," said Randolph County State's Attorney Jeremy Walker. "Furthermore, this disposition allows Mr. Aponte the opportunity to remove this incident from his record, if he successfully completes his time on probation."

The Chester Police Department handled the investigation in this matter.

<ul>

<li>Gina M. Keller:</li>

</ul>

On April 24, 38-year-old Gina M. Keller, of Sparta, pleaded guilty to the offense of unlawful possession of methamphetamine before Judge Richard A. Brown.

Pursuant to the negotiated plea, Keller was sentenced to two years of first offender probation, with a condition to seek substance abuse treatment.

During the plea, Keller admitted to possessing less than 5 grams of meth located during a traffic stop in Sparta on February 20.

"This case is another example of the problem we are having with meth right now, and how we trying to deal with it," said Randolph County State's Attorney Jeremy Walker. "We want to help users by breaking the addiction, and giving them a chance to avoid being saddled with a felony the rest of their lives.

"However, they have to get straight and stay straight for two years."

The Sparta Police Department handled the investigation in this matter.

<ul>

<li> Bradley M. Miller:</li>

</ul>

On April 24, Bradley M. Miller's case (possession of methamphetamine) was dismissed, as Miller recently received a 168 month federal sentence.

Miller was indicted, and subsequently prosecuted, by the United States Attorney's Office after the filing of Randolph County charges.

<ul>

<li>Steven T. Green:</li>

</ul>

On April 24, 43-year-old Steven T. Green, of Murphysboro, pleaded guilty to a reduced charge of criminal damage to property (Class A misdemeanor) before Judge Richard A. Brown.

Green was ordered to pay a fine and $150 restitution to the Steeleville Police Department.

Green admitted to damaging a cage in a police cruiser on February 3. The charge was originally a Class 3 felony, criminal damage to state-supported property.

"Mr. Green had been detained for not following directions by an officer of the Steeleville Police Department," said Randolph County State's Attorney Jeremy Walker. "When he was detained, he got angry and started striking the protective cage separating Mr. Green and the officer.

"Certainly an act of stupidity, but this did not seem like a felony situation based on the small amount of damage and lack of prior history of the defendant."

The Steeleville Police Department handled the investigation in this matter.

<ul>

<li>Troy K. Lazenby:</li>

</ul>

On May 1, 43-year-old Troy K. Lazenby, of Tilden, pleaded guilty to the offense of failure to report change of address before Judge Richard A. Brown.

Pursuant to the negotiated plea, Lazenby was sentenced to seven days in jail and placed on probation for a period of one year.

During the plea, Mr. Lazenby admitted to being a registered sex offender who failed to report a change of address to the Randolph County Sheriff's office on June 20, 2016.

"Mr. Lazenby was required to register as a sex offender as a result of a 1991 offense," said Randolph County State's Attorney Jeremy Walker. "It appears he violated the registration requirements in 2005, but no violations since.

"Therefore, while the registration and monitoring of sex offenders is important, it did not seem appropriate to send the defendant to corrections or a lengthy jail sentence since he has not been in trouble for 12 years."

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

<ul>

<li>Lewis P. Price:</li>

</ul>

On May 1, 53-year-old Lewis P. Price, of Sparta, was sentenced to four years in the Illinois Department of Corrections following a sentencing hearing before Judge Richard A. Brown.

Price had previously pleaded guilty to the offense of possession of methamphetamine with intent to deliver regarding an incident occurring in Sparta on December 2, 2016.

During the sentencing hearing, the State requested  a term of four years in corrections, while the defendant argued for a term of probation.

"Mr. Price had prior criminal history from several years ago, but had not been in significant trouble  in some time," said Randolph County State's Attorney Jeremy Walker. "However, I do not believe in offering dealers, or people who possess with the intent to deliver, probation."

The Sparta Police Department handled the investigation in this matter.

<ul>

<li>Britney McCarrey:</li>

</ul>

On May 5, 24-year-old Britney J. McCarrey, of Sparta, pleaded guilty to an amended charge of criminal damage to property (Class A misdemeanor) before Judge Richard A. Brown.

Pursuant to the negotiated plea, McCarrey was sentenced to probation with conditions to seek mental health counseling and substance abuse counseling.

Additionally, a hearing on the restitution figure for the damage is set for June 9. During the plea, McCarrey admitted to damaging a vehicle of another in Sparta on September 21, 2016, with the damage not exceeding $500.

McCarrey was originally charged with criminal Damage over $500. A charge of prostitution was dismissed pursuant to the plea.

"Ms. McCarrey had no prior felonies on her record and the facts of this case did not seem to warrant a felony conviction," said Randolph County State's Attorney Jeremy Walker. "That being said, Ms. McCarrey needs some help and this disposition will allow her a chance to obtain that help."

The Sparta Police Department handled the investigation in this matter.

<ul>

<li>Eric D. Davis:</li>

</ul>

On May 8, 42-year-old Eric D. Davis, of Sparta, pleaded guilty to the offenses of aggravated driving under the influence of alcohol and driving while license revoked before Judge Richard A. Brown.

Pursuant to the negotiated plea, Davis was sentenced to 180 days in jail (with no day for day credit) and two years of probation with conditions to seek alcohol/substance abuse counseling.

A misdemeanor charge of DUI and a misdemeanor charge of driving while revoked were both dismissed pursuant to the plea agreement.

During the plea, Davis admitted to driving a motor vehicle in Sparta on March 19, while his blood alcohol level exceeded .08. Furthermore, Davis had two prior DUI dispositions, enhancing the charge to aggravated DUI.

Finally, Davis had prior revoked charges and a revoked driver's license at the time of this arrest, which enhanced the driving while revoked charge to a felony.

"Mr. Davis had no prior felony history before this incident, but obviously has and had a terrible driving record," said Randolph County State's Attorney Jeremy Walker. "Mr. Davis will remain in jail until September under this plea, and will have to get counseling for his alcohol issues.

"While we dismissed the misdemeanor charges, we were able to obtain a resolution which will allow us to seek time in the Department of Corrections if there are further problems with Mr. Davis over the next two years."

The Sparta Police Department handled the investigation in this matter.

<ul>

<li>Michael R. Recar:</li>

</ul>

On May 8, 21-year-old Michael R. Recar, of Marissa, was sentenced to six years in the Illinois Department of Corrections following a sentencing hearing before Judge Richard A. Brown.

Recar had previously pleaded guilty to the offense of unlawful possession of a weapon by a felon regarding an incident in Sparta on November 10, 2016.

During the sentencing hearing, the State requested a sentence of seven years in DOC, while the defendant requested the minimum sentence of two years in DOC.

"During the hearing, we produced testimony Mr. Recar, at the time of the offense, was also in possession of several items of stolen property and was on parole from the Illinois Department of Corrections," said Randolph County State's Attorney Jeremy Walker. "Mr. Recar also had a previous felony conviction for theft.

"Based on those factors, we felt an ask of seven years in DOC was warranted and were happy to receive a six-year sentence from the court."

The Sparta Police Department handled the investigation in this matter.

<ul>

<li>Katie Meyer:</li>

</ul>

On May 8, 31-year-old Katie M. Meyer, of Marissa, pleaded guilty to the offense of unlawful possession of methamphetamine before Judge Richard A. Brown.

Pursuant to the plea, Meyer was sentenced to five years in the Illinois Department of Corrections. During the plea, Meyer admitted to possessing less than five grams of methamphetamine located during a traffic stop in Sparta on February 16.

"At the time of this offense, Ms. Meyer was on probation in Madison County for a meth-related offense," said Randolph County State's Attorney Jeremy Walker. "I did not feel probation was appropriate based on that fact and advocated for a prison sentence."

The Sparta Police Department handled the investigation in this matter.

<ul>

<li>Samantha N. Smith:</li>

</ul>

On May 8, 24-year-old Samantha N. Smith, of Lenzburg, was sentenced to a term of probation with conditions to seek drug treatment following a sentencing hearing before Judge Gene Gross.

Smith had previously admitted to selling less than a gram of heroin to a confidential informant in Sparta on March 31, 2016.

During the sentencing hearing, the State requested a sentence of two years in DOC, while the defendant requested a sentence of probation.

"I really did not expect the court to send the defendant to DOC, based on the weight of the heroin sold and the lack of a criminal history," said Randolph County State's Attorney Jeremy Walker. "However, I generally do not agree with offering probation to those whom sell, manufacture or possess with intent to deliver controlled substances."

The Sparta Police Department handled the investigation in this matter.

<ul>

<li>Charleen E. Smith:</li>

</ul>

On May 8, 47-year-old Charlee E. Smith, of Tilden, was sentenced to 180 days in jail and one year of probation following a sentencing hearing before Judge Richard A. Brown.

Smith had previously pleaded guilty to driving while license revoked regarding an incident occurring in Tilden on September 24, 2016.

During the sentencing hearing, the State requested 180 days in jail, with a term of probation for two years and conditions to seek substance abuse treatment.

The defendant requested a term of one year of probation, and no conditions to seek substance abuse treatment.

"The 180 day jail sentence was a given due to the statutory minimum of that offense," said Randolph County State's Attorney Jeremy Walker. "However, I felt Ms. Smith should be forced to get substance abuse assessments to make sure there are not ongoing issues which led to her loss of a license to begin with.

"However, we did not get that component and I will not lose any sleep over it."

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

<ul>

<li>Ricky L. Ryder:</li>

</ul>

On May 8, 61-year-old Ricky L. Ryder, of Collinsville, was sentenced to five years in the Illinois Department of Corrections following a sentencing hearing before Judge Richard A. Brown.

Ryder was facing sentencing for the offense of aggravated domestic battery relative to an incident occurring in Steeleville on December 23, 2016.

During the sentencing hearing, both the State and defense presented a joint recommendation of five years in prison to the court.

"Before we started the sentencing hearing, the defendant asked if we would agree to five years in DOC," said Randolph County State's Attorney Jeremy Walker. "The victim's mother (the victim was 9 at the time of the offense) was present at the hearing and agreed to the five-year sentence.

"The sentencing range was three to seven years, with a possibility of probation. It was our intent to ask for six years at the hearing."

Walker said the victim was not seriously injured in the incident.

"This offense will be served at 85 percent, so the defendant would not be eligible for parole until serving 51 months of the 60 month sentence," he said.

The Steeleville Police Department, with assistance of the Randolph County Sheriff's Office, handled the investigation in this matter.

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