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Randolph County State's attorney case updates

Posted May 23, 2015 11:00 pm

By Staff Report The Herald Tribune

People v. Cedric D. Briscoe:

On April 27, 19-year-old Cedric D. Briscoe, of Sparta, pled guilty to the offense of possession of a controlled substance (prescription medication) before the Honorable Richard A. Brown.

Pursuant to the negotiated plea, Briscoe was sentenced to two years of probation under the terms of the first offender probation article of the Controlled Substances Act.

Provided Briscoe successfully completes alcohol and drug counseling, pays the court costs and drug assessment fee, as well as stays out of trouble for two years, he will avoid a felony conviction on his record.

Briscoe admitted during the plea to possessing less than 15 grams of hydrocodone on February 14.

"Given the age and lack of significant criminal history of the Defendant, the first offender probation option seemed the best choice in this case," said Randolph County State's Attorney Jeremy Walker. "You never like to see someone get 'tagged' with a felony at a young age.

"However, sometimes we have to.

"This did not seem like the set of facts which would require a conviction," Walker added. "If Mr. Briscoe stays clean and stays out of trouble, he will not have to carry the felony conviction around his neck for the rest of his life.

"If he does not stay clean, or out of trouble, I will know we gave him the opportunity to succeed and will not hesitate to violate his probation and proceed accordingly."

The case was investigated by the Sparta Police Department.

People v. Antonio R.E. Anthony:

On April 27, 19-year-old Antonio Anthony, of Sparta, was sentenced to one year in the Illinois Department of Corrections by Judge Richard Brown following a sentencing hearing.

Anthony had previously pled guilty to the offense of retail theft occurring on February 14 in Sparta.

At the sentencing hearing, the Defendant requested a term of probation and the State requested a one year sentence in the Department of Corrections.

"Mr. Anthony in the past year had a felony reduced to a misdemeanor and was placed on probation," Wsaid Randolph County State's Attorney Jeremy Walker. "While on probation, Mr. Anthony violated the probation and served some county jail time for that offense.

Antonio then shoplifted from Walmart in February, again while he was on probation."

"I am not a big believer in just giving people probation after probation," Walker added. "While some may argue sending someone to DOC due to shoplifting from Walmart may seem tough, but sometimes we have to be tough to get a point across.

"After violating probation twice, and committing a felony while on probation, my opinion is that person needs to spend some time in corrections and hopefully figure out there are consequences for their actions."

The Sparta Police Department handled the investigation in this matter.

People v. Timothy S. Hobeck:

On April 27, 31-year-old Timothy Hobeck, of Chester, was sentenced to three years in the Illinois Department of Corrections pursuant to the terms of a negotiated plea.

During the plea, Hobeck admitted to entering a building in Chester on February 12 with the intent to commit a theft.

Hobeck was originally charged with residential burglary, but the charge was amended to burglary pursuant to the plea. Additionally, a charge of unlawful possession of methamphetamine was dismissed pursuant to the plea.

"Mr. Hobeck was looking at a minimum of four years on the residential burglary charge, but would not have faced any additional time on the meth charge we dismissed," said Randolph County State's Attorney Jeremy Walker. "The alleged meth was allegedly located on the person of Mr. Hobeck when he was arrested for the residential burglary charge.

"We may have left a year on the table by coming off the residential charge, but Mr. Hobeck had not had a felony conviction since 2006 and, in my opinion, would have received a sentence close to the minimum on the residential charge."

"The victim in the case received the stolen property back and Mr. Hobeck will spend time in the Department of Corrections; therefore, we are happy with the disposition," Walker added.

The Chester Police Department handled the investigation in this matter.

People v. Shawn Asbury:

On May 4, 29-year-old Shaun E. Asbury, of Sparta, was sentenced to five years in the Illinois Department of Corrections by the Honorable Gene Gross following a sentencing hearing.

Asbury had previously pled guilty to delivering cocaine in Sparta on August 29. At the time of the plea to the delivery charge, the State agreed to dismiss a possession of controlled substance (cocaine) charge.

During the sentencing hearing, the State requested a sentence of five years in DOC and the Defendant requested probation, or a recommendation for placement in the impact incarceration program in the Department of Corrections.

"Mr. Asbury was arrested by a warrant relating to the delivery charge and at that time had cocaine in his possession," said Randolph County State's Attorney Jeremy Walker. "In order to facilitate the plea on the more serious charge (delivery of cocaine) we agreed to dismiss that case.

"We are certainly satisfied with the five-year prison sentence and continue to request prison sentences for drug dealers in this county."

The Sparta Police Department handled the investigation in this matter.

People v. Melodie A. Nesbitt:

On May 5, 36-year-old Melodie A. Nesbitt, of Tilden, was sentenced by Judge Brown to two years of probation, with a condition to seek alcohol and substance abuse treatment, and 90 days in the Randolph County Jail following a sentencing hearing.

Nesbitt had previously pled guilty to possessing cocaine in Sparta on July 16. The State and Defendant made identical recommendations of the sentence to Judge Brown.

"Ms. Nesbitt was in a car when a drug transaction took place (see Cortez Nesbitt disposition)," said Randolph County State's Attorney Jeremy Walker. "Her involvement was not as culpable as her co-defendant.

"Ms. Nesbitt will have the opportunity to help herself with drug treatment and I hope she does well with this chance."

"If not, we have 30 months to revoke her probation and re-sentence her to one to six years in the Illinois Department of Corrections," Walker added. "I hope it does not come to that."

The Sparta Police Department handled the investigation in this matter.

People v. Marvin G. Buzzard:

On May 11, this case was dismissed with leave to reinstate. Buzzard was found unfit to stand trial on April 3, 2014 and has been in the Department of Human Services since that time.

"Once a defendant has been unfit for a year, we can either dismiss the charge without leave to reinstate, dismiss the charge with leave to reinstate and ask for a civil commitment hearing, or attempt to prove the charge and hold the Defendant for up to another year," said Randolph County State's Attorney Jeremy Walker. "In this case we chose the civil commitment route."

"Mr. Buzzard has spent more time in custody than we would have received in the prosecution and will now be under the care of the Department of Human Services," Walker added. "We are happy to help facilitate help for Mr. Buzzard and hope he does well in the future.

"If he gets out of DHS and has problem, we can refile the charge and will do so."

Buzzard was charged with pointing a BB gun at a police officer on February 15, 2014.

The Coulterville Police Department handled the investigation in this matter.

People v. Cortez Nesbitt:

On May 11, 39-year-old Cortez Nesbitt, of Tilden, was sentenced to two years or probation and ordered to complete the Illinois Redeploy Job Skills Program as a condition of his probation by Judge Brown following a sentencing hearing.

During the sentencing hearing, the State requested a sentence of four years in the Illinois Department of Corrections and Nesbitt requested probation.

Nesbitt had previously admitted to delivery less than a gram of cocaine in Sparta on July 16, 2014.

"The State of Illinois is really pushing this Redeploy program as a way to reduce prison overcrowding," said Randolph County State's Attorney Jeremy Walker. "If anyone could benefit from a job skills program, it would be Mr. Nesbitt.

"If this program works, we can really improve people's way of life and hopefully get people out of the cycle of the criminal justice system."

"That being said, I am not real sure keeping some people out of prison is the right thing to do," Walker said. "I really look at this case as a test if it will work. I am curious to see if we will really see any reduction in recidivism as a result of the program.

"I stand by my request for the DOC sentence, but I am hopeful the Defendant improves his life with the last chance given to him."

People v. Lynsey R. Parker:

On May 11, 22-year-old Lynsey Parker, of Hartford, Ill, plead guilty to a misdemeanor offense of drug paraphernalia and was sentenced to 30 days in jail, placed on court supervision with a condition to seek alcohol and substance abuse counselling and was required to pay a $1,000 fine/costs.

A felony charge of possession of controlled substance (prescription medication) was dismissed pursuant to the plea. Parker was arrested on April 18 by the Sparta Police Department following a traffic stop.

"Ms. Parker had no criminal history and spent some time in jail over this charge," said Randolph County State's Attorney Jeremy Walker. "Due to the age and lack of history, we elected to proceed with the misdemeanor charge and allow her an opportunity to get help for any addiction problems she may have."

"I have said it several times before, as a prosecutor you can be here to help or punish," Walker said. "This is a case of trying to help a young lady and not mess up the rest of her life with a felony."

People v. Malik C. Bright:

On May 14, 19-year-old Malik Bright, of Sparta, pled guilty to the offense of theft under $500, was ordered to pay restitution of $534 to the victim and pay a fine of $466.

Bright was originally charged with the felony offense of unlawful possession of another's credit card.

During the plea, Bright admitted to obtaining control over property of another in an amount less than $500 while in Sparta on January 12. The State dismissed the felony charge upon the plea to the misdemeanor theft offense.

"Mr. Bright is young and had no record before this incident," said Randolph County State's Attorney Jeremy Walker. "The victim will be fully compensated for the losses suffered and Mr. Bright will have a theft conviction on this record.

"Having a conviction of theft on your record is very serious and is no small punishment."

"Nonetheless, it is certainly better than a felony and we try to give people a break their first time around," Walker added. "Sometimes people prove we did the right thing. Sometime people prove we did the wrong thing.

"I hope Mr. Bright proves me right by cutting him a break. Only time will tell."

The Sparta Police Department Handled the investigation in this matter.

People v. Amber L. Woodcock:

On May 14, 27-year-old Amber L. Woodcock, of Sparta, pled guilty to the offense of theft under $500 and was ordered to pay a $1,500 fine.

Woodcock was originally charged with the felony offense of unlawful possession of another's credit card. During the plea, Woodcock admitted to obtaining control over property of another in an amount less than $500 while in Sparta on January 12.

Woodcock also had a felony charge of mob action (being involved in a fight with multiple people) dismissed pursuant to the plea agreement.

"I really can't add any more as comment," said Randolph County State's Attorney Jeremy Walker. "Ms. Woodcock had no record, the victim has been fully compensated and we try to avoid a felony the first time we see someone.

"Again, time will tell if I made the right decisions."

The Sparta Police Department handled the investigation in this matter.

People v. Rebecca E. Hoyt:

On May 14, 23-year-old Rebecca Hoyt, of Percy, pled guilty to the offense of deceptive practice before Judge Brown.

Hoyt paid a fine of $465 and restitution of $535 to the victim of the bad check. The charge was amended from a felony charge to a misdemeanor pursuant to the terms of the plea agreement.

During the plea, Hoyt admitted to writing a bad check in December 2014.

"We tried to collect the check through our bad check program my office offers citizens and businesses," said Randolph County State's Attorney Jeremy Walker. "Ms. Hoyt did not respond and we were forced to file charges."

"Ms. Hoyt had no prior criminal history so we reduced the charge down to a misdemeanor and our victim was fully compensated for the bad check.," Walker added. "We encourage anyone who has been the victim of a bad check to call our office and we will do everything we can to help you collect it."

People v. Rufus Jones:

On May 14, Jones was found not guilty of the offense of aggravated domestic battery following a jury trial.

"We presented all of the evidence we had to the jury in this case, and we respect the decision of the jury," said Randolph County State's Attorney Jeremy Walker. "There was a delay in the report of the alleged abuse.

"Due to the delay in the report, we did not have any physical evidence to support the allegation made by the victim."

"This is why we have the jury trial system; it is not a prosecutor's job to determine if someone is guilty," Walker added. "We present the case, and if a person chooses to plead guilty, we work to reach an agreement.

"If we can't reach an agreement, we have a judge determine a sentence. If we cannot agree on guilt, we have a jury or judge decide that issue."

"My office takes allegations of domestic battery seriously and will not hesitate to file charges against those who perpetuate domestic violence," Walker continued.

The case was investigated by the Sparta Police Department.

People v. Makenzie R. Steele:

On May 18, 19-year-old Makenzie Steele, of Dupo, pled guilty to the misdemeanor offense of unlawful possession of drug paraphernalia and was sentenced to five days in jail, a $1,000 fine/costs and court supervision with a condition to seek drug/alcohol counseling.

A felony charge of unlawful possession of controlled substance was dismissed pursuant to the plea (prescription medication).

Ms. Steele was a co-defendant with Ms. Parker in another case and received a similar disposition.

"My comment would be the same as Ms. Parker, a young lady who had no history and we try to help people out the first time we encounter them in the system," said Randolph County State's Attorney Jeremy Walker. "I hope this young lady learned something from this and will be given the help she needs, if she has a problem.

"After someone gets a break, we remember that break and if we see them again, we are not as forgiving."

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