drugs interfered with his ability to do so. During trial, a ... (Combination of Alcohol and Drugs),. Endangering .... Po
Summer 2010
DISCLAIMER Information contained in this newsletter is a matter of public record. Individuals charged with criminal offenses are presumed innocent until proven guilty in a court of law.
FEATURED STATES ATTORNEY’S A multitude of challenges arise while prosecuting fatality cases. One challenge is determining how best to present the case to prove the defendant guilty beyond a reasonable doubt. The Shai-Tan Cook and Justin Taylor cases, stemming from the crash that killed Illinois State Trooper Brian McMillen, were particularly challenging because they involved complicated and technical issues. Cook and Taylor, who were driving separate vehicles, were two independent forces in the crash which caused McMillen’s death. Evidence obtained through retrograde extrapolation, a method used to determine the amount of alcohol in a person’s system at a given point in time, revealed that both Cook and Taylor were driving under the influence at the time of the crash. Additionally, ISP lab testing indicated Cook also had ecstasy and ketamine in his system. Cook was the second driver to hit McMillen’s squad car, and he did so while driving the speed limit in his own lane of traffic. The challenge was to convince the jury that Cook had a duty to pull over as McMillen’s squad car approached, with lights and siren activated, and the fact that Cook was under the influence of alcohol and drugs interfered with his ability to do so. During trial, a crash reconstruction officer explained the physics involved, including the locations and speeds of the vehicles involved in the fatal crash. Then, through computer animation, we were able to visually demonstrate the crash to the jury. A jury convicted Cook, and Taylor pled guilty. This outcome would not have been possible without the immediate and professional response of the Illinois State Police, who gathered evidence and presented it to the State’s Attorney’s Office. The hard work of all involved came together in bringing Cook and Taylor to justice.
Division of Traffic Safety 1340 North 9th Street Springfield, IL 62702
John Milhiser First Assistant State’s Attorney Sangamon County State’s Attorney’s Office Jennifer Kuntz Assistant State’s Attorney Sangamon County State’s Attorney’s Office
CHARGED April 3: Rakeem Roach, 18, was charged in Cook County with Aggravated DUI, and other traffic offenses from an April crash in which he failed to stop at a stop sign and hit a Chicago Police patrol car. The two Chicago officers were on routine patrol and sustained minor injuries. They were treated and released from a local hospital.
April 7: Anthony Condreay, 23, was indicted by a Grundy County grand jury for Aggravated Driving Under the Influence (DUI) Causing Death and Aggravated Driving Without Insurance. The charges result from a March 15 crash in which the defendant lost control of his car and broadsided a tree, killing his passenger Justin Burger, 25.
DISCLAIMER:
Individuals charged with criminal offenses are presumed innocent of the charges against them until proven guilty in a court of law. These are allegations only and should not be considered as proof against the defendant.
May 3: Dirk W. Hary, 40, was charged in Kane County with Aggravated DUI (Combination of Alcohol and Drugs), Endangering the Life of a Child, Improper Lane Usage and Driving Without Insurance. The charges result from a May 4, 2010 incident where he crashed his car into a tree and mailbox. His car came to rest in a park near playground equipment. The defendant’s three sons, ages 7, 2 and 1 were unrestrained in the front seat of the car. The defendant currently has two other DUI cases pending in Kane County.
May 13: Erin Hughes, 18, was charged in Cook County with Aggravated DUI Drugs and DUI. The charges result from a May 14, 2010 hit and run crash where the defendant ran into fellow New Trier High School student Sarah Goone. Goone was seriously injured but is expected to recover. The defendant spent several days in custody and was released after an anonymous donor posted $50,000 bond.
May 9: Hector Ramirez, 32, was charged in Cook County with Reckless Homicide, Aggravated DUI Causing Death, No Valid Driver’s License, and several more traffic citations. The charges arise from a crash that occurred on May 8, 2010, at approximately 3:45 PM at the intersection of Kedzie and Archer Avenue. The defendant sideswiped a car and then ran over three pedestrians killing, Jamie Castillo, 25, of Chicago.
May 14: Alia Bernard, 25, was indicted by a Kane County grand jury with two counts of Reckless Homicide and Misdemeanor DUI. The charges result from a May 23, 2009 multi-vehicle crash where the defendant drove into the rear of a line of motorcycles which resulted in the deaths of Wade and Denise Thomas. The Thomas’ were from St. Charles and were riding to Wisconsin with friends.
May 26: Carlos Vega, 36, of Davenport, Iowa, was charged in Rock Island County with Class X Aggravated DUI, Aggravated Reckless Driving, and Obstruction of Justice. The charges arise from a May 9, 2010, Illinois State Police traffic stop at IL 92 and 34th Street in Rock Island. The defendant has previously been sent to the Illinois Department Corrections on two separate occasions, both for Aggravated DUI out of Rock Island County. The defendant was on parole at the time of his most recent arrest. A class X Aggravated DUI is charged when the defendant has committed DUI for the fifth or subsequent time. The Obstruction charges are due to the defendant giving the trooper a false name.
CONVICTED May 17: William Shackles, 34, pleaded guilty before Coles County Circuit Judge Teresa Righter to one Count of Aggravated DUI Causing Death. The defendant was intoxicated and texting at the time of the crash which killed his daughter Elsa. He faces 3-14 years in the Illinois Department of Corrections and is scheduled to be sentenced in July.
March 24: Solomon Aguilera, 28, was sentenced in Cook County for the offense of Aggravated DUI Causing Death arising from the March 2009 crash which killed 57 year old Angelina Meza-Hernandez and seriously injured Margarita Rios and David Meza. Circuit Judge Carol Kipperman sentenced him to 8 ½ years in the Illinois Department of Corrections. The defendant was speeding down First Avenue in Riverside with a BAC of 0.24 when he crossed the center line and struck the victims’ car head on. He later tested positive for cocaine and his license was revoked at the time of the crash for a prior DUI conviction. Angelina, Margarita and David were siblings.
SOBERING SENTENCES May 28: Tonya L. Casper, 43, was charged in Sangamon County with Aggravated DUI, Reckless Homicide, two counts of Reckless Conduct, Reckless Driving, DUI and Speeding. The charges are a result of a July 17, 2009 wreck in which the defendant crashed into an SUV driven by Zachary Barnes, killing Eric Finneran and Cameron Weider. The defendant is a former cast member of the CBS show Big Brother.
March 16: John Winterrowd, 58, pleaded guilty in Clay County Court to the offense of Aggravated DUI Causing Death arising from the October 2009 crash that killed 18 year old Roy Dean Rogers, III. Circuit Judge Sherri Tungate sentenced him to 6 ½ years in the Illinois Department of Corrections. The defendant was driving on US Route 45 with a Blood Alcohol Content (BAC) of 0.231 when he crossed the center line colliding head on with Rogers.
May 3: Thomas Self, 20, of Cushing Texas, pleaded guilty in Shelby County to the offense of Aggravated DUI Intoxicating Compound and Failure to Report an Accident arising from the September 27, 2009 crash which killed 41 year old Brett Schutte and injured two pedestrians. Circuit Judge Michael Kiley sentenced him to nine years in the Illinois Department of Corrections. On September 27, 2009, the defendant drove onto a sidewalk in Sigel killing Schutte and injuring the other pedestrians.
May 18: Logan Moore, 22, of Morocco, Indiana, pleaded guilty in Iroquois County to the offense of Aggravated DUI Causing Death arising from the November 2007 crash that killed Brian Carey of Watseka. Circuit Judge Gordon Lustfelt sentenced him to five years in the Illinois Department of Corrections. The defendant was driving with a BAC of 0.20 and with cannabis in his system when he broadsided Carey on IL Route 1 near Papineau. Carey died at the scene. Iroquois County State’s Attorney Jim Devine was pleased with the sentence and the message it sends regarding impaired driving.
May 20: John Salemi, 49, was sentenced in Cook County to four years in the Illinois Department of Corrections for Aggravated DUI arising from the April 2009 crash which seriously injured a Rosemont auxiliary police officer. The defendant had a BAC of 0.207 when he struck the officer who was directing traffic at River Road and Wilson.
May 30: Leon Marcum, 28, was sentenced by Clinton County Judge Dennis Middendorff to nine years in the Illinois Department of Corrections for the Class 1 Felony Failure to Report an Accident Causing Death. The defendant struck and killed Jim Gafney of Chula Vista, California on old US 50 near Sandoval. Gafney was riding his bicycle across the US to protest the federal bailout of the financial industry. Aggravated DUI charges were dismissed as part of the plea agreement. Failure to Report an Accident Involving Death, when DUI related, is punishable by 4 – 15 years in the Illinois Department of Corrections.
June 3: Javier Rodriquez, 42, was found guilty by a Kane County jury of the offenses of Aggravated DUI and Aggravated Driving While License Revoked (DWLR). The charges arose from a June, 2009 St. Charles Police Department traffic stop when the defendant was driving without headlights. He subsequently failed Standardized Field Sobriety Tests but refused chemical testing. Circuit Judge Timothy Sheldon sentenced the defendant to seven years in the Illinois Department of Corrections. Rodriquez previously committed the offense of DUI in 2003, 2005, and 2006. He also has previous convictions for domestic battery, weapons cases, and numerous other alcohol and traffic offenses.
June 8: Newton Keene, 46, pleaded guilty in St. Clair County to three counts of Aggravated DUI Causing Death and one count Aggravated DUI Great Bodily Harm and was sentenced to 28 years in the Illinois Department of Corrections. On February 5, 2009, the defendant drove the wrong way on Interstate 255 in St. Clair County killing three people and seriously injuring one person. Twanda Jackson, her nine year old son Arnold and her friend, Jon Moss, were killed in the crash. Twanda Jackson’s 11 year old daughter, Takia, was the only survivor. The victims were travelling to attend a family funeral. The defendant’s BAC was above 0.25 at the time of the crash. This was the defendant’s fifth DUI, with prior offenses in both Illinois and Missouri.
June 11: James Menzies, 41, was sentenced in Madison County to eight years in the Illinois Department of Corrections by Judge Janet Helfin for the Class 2 Felony Aggravated DUI Causing Death, arising from the November 1, 2008 crash which killed Peggy Ann Werner, 59. Peggy Ann Werner had just left work and was driving along Wesley Drive in Bethalto when the defendant, driving in the wrong lane in an attempt to pass other cars, collided with her. The defendant was driving with a BAC of 0.32 and his license was suspended for prior DUI’s.
June 18: Flavio Cervantes, 23, of Beloit was sentenced by Winnebago County Judge Gary Pumilia to 8 ½ years in the Illinois Department of Corrections for Aggravated DUI Causing Death and Aggravated DWLR. The charges arose from a May 24, 2009 crash on IL Route 75 near Durand which killed Raymundo Torres and Alberto Ramos. The defendant with a BAC over the legal limit lost control of his car and struck a utility pole killing his passengers. Winnebago County prosecutors had asked for 20 years in prison.
June 23: Erik Ecker, 26, was sentenced in DuPage County by Judge Kathryn Creswell to nine years in the Illinois Department of Corrections for Aggravated DUI Causing Death. The conviction arose from a March 18, 2007 crash on I-355 near Addison, which killed Cynthia Botello and Anthony Ishu. At the time of the crash, the defendant had a BAC of 0.14 and was speeding in excess of 100 mph when he lost control of his SUV. The vehicle rolled over, hit a tree and caught on fire. The defendant had been celebrating St. Patrick’s Day with friends. Only he and one other person in the SUV was able to escape the burning car.
BAD DECISIONS May 1: Carl Blahnik, 53, of Elko, Nevada, was charged in Lake County with Vehicular Hijacking, Fleeing and Eluding, Criminal Trespass to a Motor Vehicle, DUI and DWLR. The charges result from a May 1 high speed chase which began in Lake County Illinois and ended near Racine, Wisconsin. The pursuit ended when the defendant lost control of the stolen cab and crashed it into a concrete barrier. It is alleged that the intoxicated defendant, after becoming angry over the cost of a cab ride, took the cab and led the police on a two state high speed chase.
June 12: Catherine Cremer, 25, was charged in DuPage County with DUI, Speeding in Excess of 40 miles Above the Posted Limit, Illegal Transportation of Liquor and Possession of Drug Paraphernalia. The charges arise from a traffic stop where the defendant was observed speeding along RT 59 in Naperville and was clocked in excess of 100 miles per hour. June 18: Rogue Dooley, 37, of Gary Indiana, was charged in Cook County with Aggravated Battery to a Police Officer, Aggravated Fleeing a Police officer, DUI, Reckless Driving and No Valid Driver’s License. The most serious charges are due to the fact that the defendant fled the scene of the traffic stop, dragging a Chicago police officer down Lake Shore Drive. The officer was not seriously injured.
May 1: Raymond Dryier, 40, was charged in DuPage County with DUI, Driving the Wrong Way, and Texting While Driving. The defendant was observed driving the wrong way on Illinois Route 59 in Naperville by a Naperville police officer. The defendant admitted to texting at the time he began driving the wrong way on Route 59. June 10: Cynthia Ellis, 52, of Zionsville, Indiana, was charged in Cook County with DUI and Unlawful Use of a Weapon. The charges result from minor crash on Interstate 94 in which the Illinois State Police reported they found a loaded .38 caliber Smith and & Wesson gun in her car. The defendant is a licensed physician in Indiana.
UPDATES April 27: Cook County Judge Tomas Gainer granted a motion to suppress the breathalyzer test and video evidence in the case of Chicago police officer John Ardelean. Ardelean, while off duty, was involved in a fatal crash on Chicago’s south side killing Erick Lagunas, 22 and Miguel Flores, 21. Judge Gainer found that the breathalyzer and video tape were obtained without probable case. The Cook County State’s Attorney will not appeal this decision.
May 22: Edward Cook, 24, was found guilty in Kane County Circuit Court of Reckless Homicide and Aggravated DUI. Cook lost control of a car he was driving and struck David Long and his dog, killing both. At the time of the fatal crash he was on parole from the Illinois Department of Corrections for Aggravated DUI and Obstructing Justice.
June 6: Profirio De La Luz, 40, was sentenced by a Cook County judge to 18 months probation for one count of DUI. The defendant crashed his vehicle into a Rosemont Police squad car in March of 2009. At the time of the crash, the Defendant’s BAC was over twice the legal limit. May 13: William Braham was found liable by a Saline County jury in a wrongful death case. The case was filed by Lori Isom, on behalf of Jerry Isom, her deceased husband. The defendant, former Shawnee Corrections Center warden, was ordered to pay more than $1 million dollars in damages. In 2003 the defendant’s Reckless Homicide and Aggravated DUI convictions were over turned by the Illinois appellate court.
June 30: Sandra Vasquez, 26, was found guilty by a Kendall County jury of Reckless Homicide and Aggravated DUI. The defendant’s charges resulted from a February 17, 2007 DUI crash which killed five teenagers in Oswego. The defendant was attempting to give the teens a ride home and was speeding when she lost control of her car on IL Route 31 and crashed into a utility pole. Two of the surviving teens testified. She faces up to 28 years in the Illinois Department of Corrections.
www.illinoisbiggestoffenders.org
May 12: Onofrio Lorusso, 19, was sentenced by Kane County Circuit Judge Timothy Sheldon to three years of probation and 180 days periodic imprisonment for Reckless Homicide and three counts of Aggravated DUI. Judge Sheldon cited “extraordinary circumstances” and declined to sentence the defendant to prison. Assistant State’s Attorney Nemura Pencyla expressed disappointment in the sentence. The defendant killed Cameron Godee in a drunken crash shortly after they graduated from high school. The defendant was eligible for up to 14 years in the Illinois Department of Corrections.
