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Randolph County State's Attorney case resolutions

Posted August 04, 2015 11:00 pm

By Staff Report The Herald Tribune

Kenneth M. Frazer:

On July 23, 27-year-old Kenneth M. Frazer, of Chester, pled guilty to the offense of unlawful delivery of controlled substance (cocaine) before the Honorable Gene Gross.

Pursuant to the negotiated plea, Frazer was sentenced to four years in the Illinois Department of Corrections, with a recommendation to participate in the Impact Incarceration Program (boot camp).

In addition to the prison sentence, Frazer was ordered to pay the court costs and a mandatory drug assessment fee of $2,000. Upon the completion of the prison sentence, Frazer will further serve two years of supervised release.

During the plea, Frazer admitted to selling more than 1 gram, but less than 15 grams, of cocaine to a confidential informant on January 27, 2012.

A charge of delivery of cannabis was dismissed pursuant to the plea.

"This will be Mr. Frazer's first trip to the Department of Corrections and second felony conviction," said Randolph County State's Attorney Jeremy Walker. "The buy in this matter was old, but sometimes we sit on these types of charges to protect the identity of the confidential informant.

"I am happy to get a prison sentence in the case and maintain a fairly strict policy of doing my best to put dealers of narcotics in prison," Walker added. "I hope the boot camp works and we do not see this defendant again. The cannabis charge was a lower classification of felony and would not have increased any prison sentence in the matter."

The Randolph County Drug Task Force investigated this matter.

Shawon Q. Jackson:

On July 23, 23-year-old Shawon Q. Jackson, of East St. Louis, pled guilty to the offense of unlawful delivery of a controlled substance (cocaine) within 1,000 feet of a public park before the Honorable Richard A. Brown.

There was no agreement on the sentence and a sentencing hearing will be held on September 3. During the plea, Jackson admitted to selling less than a gram of cocaine to a confidential informant at the World Shooting and Recreational Complex in Sparta on May 15, 2014.

Jackson pled guilty to a Class 1 felony, which carries a possible sentencing range from probation to 15 years in the Department of Corrections.

"We did not negotiate in this matter as I am seeking a prison sentence," said Randolph County State's Attorney Jeremy Walker. "I do not believe, except in unusual circumstances, to probation for drug dealers.

"I cannot guarantee a prison outcome, but I will ask for one," Walker added. "This plea is the same result we would have had at trial, if we would have won."

The Sparta Police Department handled the investigation in this matter.

Rashon Travers:

During the week of July 27, the Randolph County State's Attorney's office requested the charges against Travers be dismissed by the court.

Travers is an inmate in the Department of Corrections. State's Attorney Jeremy Walker was asked to prosecute him by the Department of Corrections and agreed to so do. However, DOC later decided it wanted to dismiss the charges and Walker did.

Tabitha M. Tindall:

On July 27, 24-year-old Tabitha M. Tindall, of Murphysboro, pled guilty to the offense of unlawful possession of a controlled substance before Judge Gross.

Pursuant to the negotiated plea, Tindall was sentenced to 90 days in the Randolph County Jail and placed on probation for a period of two years, with a condition to seek and obtain any alcohol/substance abuse treatment as recommended by the Probation Department.

Tindall admitted to possessing less than 15 grams of heroin located during a traffic stop in Sparta on June 11.

"Ms. Tindall had a previous drug related case in 2012, which made her ineligible for first offender probation," said Randolph County State's Attorney Jeremy Walker. "Accordingly, a conviction was entered and Ms. Tindall will be given the opportunity to get help, or she will be eligible for three years in DOC if she does not get the help she obviously needs.

"It is difficult to persuade a judge to send someone to prison with a simple possession charge," Walker added. "It can happen, but it is difficult to do. With DOC operating at a capacity well in excess of its designed capacity, we usually have to navigate a course of giving someone probation (even if not a first offender) on possession charges and monitoring them closely on probation.

"If there is a problem while on probation, myself, and typically the judges, have no qualms about sending someone to prison for a 'simple' possession charge. Just not right out of the gate."

The Sparta Police Department investigated this matter.

Amy J. Despain:

On July 27, 32-year-old Amy J. Despain, of Willisville, pled guilty to the offense of unlawful possession of a controlled substance before Judge Gross.

Pursuant to the negotiated plea, Despain was sentenced to 84 days in the Randolph County Jail and placed on probation for a period of two years, with a condition to seek and obtain any alcohol/substance abuse treatment as recommended by the Probation Department.

Despain admitted to possessing less than 15 grams of heroin located during a traffic stop in Sparta on June 11.

"Ms. Despain was stopped in the same car as Mr. Tindall," said Randolph County State's Attorney Jeremy Walker. "Her situation was exactly the same in that she carried a prior drug offense in 2009.

"I really can't offer any more than what I commented about Ms. Tindall. If there is a problem on probation, we will not hesitate to ask for a DOC sentence."

The Sparta Police Department investigated this matter.

James J. Simunich:

On July 27, 21-year-old James J. Simunich, of Evansville, pled guilty to the offense of unlawful possession of methamphetamine before Judge Gross.

Pursuant to the negotiated plea, Simunich was sentenced to 90 days in the Randolph County Jail and placed on probation for a period of two years, with a condition to seek and obtain any alcohol/substance abuse treatment as recommended by the Probation Department.

During the plea, Simunich admitted to possessing less than 5 grams of methamphetamine located during a traffic stop on May 5.

"Mr. Simunich did carry a prior conviction for a theft related offense in 2011," said Randolph County State's Attorney Jeremy Walker. "However, as stated above, it is difficult to get a prison sentence for a non-violent drug offender.

"We try the rehabilitation route and hope we can get the defendant squared away to be a productive citizen," Walker added. "However, we will closely monitor any problems the defendant may have on probation, and work closely with the Probation Department to ensure any problems are handled quickly.

"If Mr. Simunich stays clean, we have a success. If he doesn't, he is staring down the barrel of five years in DOC."

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

Johnny L. Ward:

On July 27, 29-year-old Johnny L. Ward, of Chester, pled guilty to the offense of failure to report change of address (sex offender) before Judge Gross.

Pursuant to the negotiated plea, Ward was sentenced to three years in the Illinois Department of Corrections.

During the plea, the Defendant admitted to not notifying the Chester Police Department of a change in address, while being required to do so, due to him being a sex offender.

"Each case is unique regarding the punishment we seek, while this may have been the first time the Defendant violated the registration requirements, I felt his prior history of criminality justified a prison sentence," said Randolph County State's Attorney Jeremy Walker. "This case was the result of the sex offender check completed by the Sheriff's Office, local police departments and the federal marshals on May 1.

"As I have previously said, most were in compliance. Some were not and are being prosecuted. Some will get probation, and others, like Mr. Ward, I anticipate going to prison for repeated violations."

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

Dennis D. Guethle:

On July 27, 59-year-old Dennis D. Guethle, of Chester, pled guilty to the amended offense of reckless conduct (Class A misdemeanor) before Judge Gross.

Guethle was previously charged with reckless discharge of a firearm (Class 4 felony). Pursuant to the plea, Guethle was placed on conditional discharge for a period of one year, ordered to pay a $500 fine and surrendered several guns to the Chester Police Department.

During the plea, Guethle admitted to discharging a firearm in Chester on July 8.

"No one was injured and I believe the gun was discharged, based on the information I have, due to Mr. Guethle being upset with some noise coming from railroad workers,"said Randolph County State's Attorney Jeremy Walker. "Mr. Guethle had no prior criminal history I could locate, but for some traffic tickets in 1977 and 1978. Based on these facts, I did not see any reason to hang a felony on Mr. Guethle."

"Some may agree when we do this, some may disagree, but I really take a felony conviction seriously and believe most people deserve a second chance before we ruin (or at a minimum extremely complicate) their lives with a felony conviction," Walker added. "Sometimes that cannot be avoided and we do it, even the first time around, but any decision we make in this office is not made lightly.

"I respect everyone's right to disagree, but I just hope people realize the thought that goes into each and every case we resolve."

Nicholas Durham:

On July 27, 31-year-old Nicholas Durham, of Murphysboro, pled guilty to the offense of unlawful possession of controlled substance before Judge Gross.

Pursuant to the negotiated plea, Mr. Durham was sentenced to two years probation under the first offender provisions of the Controlled Substances Act and five days in jail, as well as ordered to pay the court costs and a mandatory $500 drug assessment fee.

During the plea, Durham admitted to possessing less than 15 grams of heroin located during a traffic stop in Steeleville on May 11.

"Mr. Durham had no prior history I could locate and was given the first offender opportunity to keep this felony off his record," Isaid Randolph County State's Attorney Jeremy Walker. "I truly hope counseling and rehab will help Mr. Durham out. If it doesn't, we will vigorously prosecute any probation violation."

The Steeleville Police Department handled the investigation in this matter.

Corey L. Wilson:

On July 28, 39-year-old Corey L. Wilson, of Sparta, was sentenced to seven years in the Illinois Department of Corrections by Judge Brown.

Wilson was previously found guilty of aggravated domestic battery on March 23. During the sentencing hearing, Wilson requested the minimum sentence of three years, and the State requested the maximum sentence of 14 years in the Department of Corrections.

"We are certainly pleased to finally bring this matter to a close," said Randolph County State's Attorney Jeremy Walker. "Mr. Wilson challenged his conviction at the trial court level, and suspect he will do so as the appellate level as well."

"Based on this challenge, it took some time to get to the sentencing component of the case," Walker added. "While I am pleased Mr. Wilson received seven years, I really thought he deserved more due to the fact he is on probation for the same offense in Sangamon County."

"I can't think of a more aggravating factor than committing the same violent behavior while on probation for a violent offense," Walker continued. "However, this is an 85 percent case and Mr. Wilson will not receive any day-for-day, but will only receive four and a half days of good conduct for every month spent in corrections.

"While I may, at times, disagree with a decision of the court, I certainly respect the system and court."

Chance M. Stevens:

On July 30, 19-year-old Chance M. Stevens, of Tilden, pled guilty to the amended offense of criminal trespass to a residence (Class A misdemeanor) before Judge Brown.

Pursuant to the plea, Stevens was sentenced to 30 days in jail and two years of probation with a condition to seek alcohol and substance abuse treatment and no contact with the complaining witness.

Stevens was originally charged with a Class 4 felony. During the plea, Stevens admitted to entering a residence, without permission, in Tilden on May 22.

"Mr. Stevens is a young man who apparently needs help, and we can offer that help in this criminal justice system," said Randolph County State's Attorney Jeremy Walker. "He had never been charged with a felony before this incident, and has never been given probation by the court.

"Therefore, we reduced the charge, kept him in jail since May, and he will be offered the help he needs. I typically don't give second chances, and remember those who do not run with the opportunity when given a break."

Dyllan V. Wayland:

On July 30, 25-year-old Dyllan V. Wayland, of Coulterville, pled guilty to the amended offense of theft under $500 (Class A misdemeanor) before Judge Brown.

Wayland was originally charged with the offense of theft over $500 (A Class 3 felony). Wayland was ordered to stay in the Randolph County Jail (where he has been since June 20) until he undergoes an evaluation for any substance abuse issues and will remain in jail for placement in a residential facility, if recommended.

Furthermore, Wayland will have to complete any mental health treatment as directed and pay a fine of $350. Wayland admitted to exerting control over property of another with the intent to deprive them of the property (a car) on June 20.

"The victim in this case was the mother of the defendant," Isaid Randolph County State's Attorney Jeremy Walker. "I asked his mother what she wanted to see happen to him, and we crafted this disposition at her request. I hope Dyllan gets the help he needs and I know his family feels the same way."

"This sentence will ensure it is offered," Walker added. "It will be up to Dyllan if it is effective."

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

David Sesson:

On July 30, 34-year-old David Sesson, an inmate within the Department of Corrections, pled guilty to the offense of first degree murder before Judge Brown.

Pursuant to the negotiated plea, Sesson was sentenced to 40 years in the Illinois Department of Corrections, to be served consecutive to his life sentence. During the plea, Mr. Sesson admitted to strangling his cellmate, Bernard Simmons, at the Menard Correctional Center on November 19, 2014.

"Mr. Sesson is already serving life and this sentence will not begin to run until he has completed his sentence he is currently serving," said Randolph County State's Attorney Jeremy Walker. "Therefore, this prosecution has little effect on the defendant. However, I just cannot turn a blind eye when another person kills someone."

"Furthermore, if the defendant is able to overturn his original conviction, this sentence would keep him in prison until he is 75, at a minimum," Walker added. "I don't feel that scenario is likely, but is another factor as to why we still take the time to prosecute people doing life."

"I have grave concerns about the ability to prosecute inmates in DOC who have nothing to lose," Walker continued. "I feel it is a credit to the men and women who work at DOC that we don't have more of these problems. I also feel lucky we have not had a correctional officer the victim of this type of conduct due to the lack of a deterrent for these inmates."

Walker said Sesson also had a message when he left his court appearance.

"Mr. Sesson on the way out of court said, 'Tell the family I am sorry…I just had to get out of there,'" Walker said. "This statement shows the absolute lack of deterrence we have right now and I commend the men and women on the front lines at Menard keeping us safe, despite the danger they face every day."

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