Jacksonville Police arrested a man yesterday morning after he threatened a neighbor with an airsoft gun.
47 year old Dennis R. Rattler of the 300 block of Pine Street was arrested by Jacksonville Police in that vicinity at approximately 10:30 yesterday morning.
According to police reports, Rattler allegedly pulled an airsoft gun on a neighbor during a disturbance and pointed it at them. Rattler allegedly told the neighbor it was a real firearm and that he was going to shoot them and their house.
Upon police arrival, Rattler also allegedly disobeyed police commands by fleeing into his own home and refusing to answer the door during an investigation of the disturbance. Jacksonville Police later learned that Rattler had an active order of protection against him by the neighbor.
Rattler was cited for aggravated assault, resisting/obstructing a police officer, and violating an order of protection.
He is currently being held at the Morgan County Jail.
The City of Virginia is without a chief of police and one alderman after a city council meeting last night.
Over 30 people packed inside the council chambers last night to voice their concerns about the city’s police department and the county dispatch system. Mayor Randy McClure informed the board prior to public comment that he had terminated new chief Daniel W. Smith from the city’s employment within the week.
McClure says he saw some growing unspecific issues: “Well, like I told people in the council chambers tonight, the reason I got rid of him was because I saw some future things that were coming up, and instead of dealing with them in the future, I wanted to deal with them now. Get it done and over with so we can move on.”
During the meeting, Smith neither confirmed nor denied it was he that was being referenced in the articles, but said the case has been sealed and shouldn’t be made public. He also threatened to sue the resident who handed out the articles to the council for libel.
WLDS News asked Cass County State’s Attorney Craig Miller in February whether his office had been requested to perform a criminal background check on Smith prior to his hire as police chief. Miller said his office was not requested to perform that function. McClure also confirmed that the city did not perform a criminal background check on Smith last night.
Smith also gave a final salvo during public comment saying that he wished to dispel rumors that had been circulating in the small town and on social media. Smith said he had proof that Cass County Sheriff Devron Ohrn was attempting to run him out of town, that 2 inmates had escaped custody of the sheriff’s offic, that local 9-1-1 was not sending out calls, and that the Cass County Sheriff’s Department wasn’t performing an essential function in a timely manner: “I have noticed that they have gotten orders of protection from the judge. It says right on the order of protection ‘must be served immediately’ and hasn’t been served for over two weeks before the person got served. That’s a safety issue. Another resident did not have an order of protection served [for] them, and their door was kicked in the following night by the offender and the victim was almost choked to death. If an order of protection is ordered by a judge, I think the judge has higher precedence over the police department or even the sheriff’s office. If they tell you to serve an order of protection, serve it. Plain and simple. That’s a safety issue.”
Cass County Sheriff’s Deputy Jeff Smith came to Ohrn’s defense saying that his office had handled over 80 calls for the City of Virginia in the last month and refuted Dan Smith’s claims about the 2 escapees. Smith explained that one offender escaped a car and was caught 100 yards from the car and taken back into custody. The second alleged escapee was on medical furlough for treatment at a hospital, attempted to leave, but caught immediately, treated for their medical issue and returned to custody.
Jeff Smith also said a city police officer cannot lawfully serve an order of protection in the county because they do not have access to the county court system . Also in attendance and showing support for Sheriff Ohrn but not speaking was Morgan County Sheriff Mike Carmody.
Several other testy exchanges occurred over an hour’s period with the city council, Dan Smith, and between residents. One resident was even removed from the council chambers for being unruly.
Ward 3 Alderman Jason French
McClure says he’s ready for the city to move on and he’s working on that right away: “I’ve got someone in mind right now [for Chief of Police]. I’m going to go through the proper channels and everything to see if we can get him appointed to the city if he takes it.”
McClure says he and some of the city council will also be approaching the county about some of the issues with the county dispatch and the way in which they ring out calls. He did not provide further details, but says he hopes to speak with the Sheriff’s Office about the issues and concerns that citizens brought forth in the next few weeks.
McClure will also have the job of finding a replacement for Ward 3 Alderman Jason French. French submitted his official letter of resignation last night to the council.
State Senator Steve McClure is unhappy with the state’s budgeting process.
McClure says there is a lack of transparency when state Democrats bring a 3,200 plus-page budget to the floor for a vote with just a few hours left in the session: “We voted on things that went straight to the floor. We didn’t debate them in committee. We didn’t have much time to review [the budget] at all. It passed at 3:30AM on Saturday. I think [this process] is something that people are tired of. People are sick and tired of us voting on bills that nobody’s read after midnight. It’s just typical. It’s what happens here every year, unfortunately.”
Both chambers wrapped up legislative session in overtime, a little after 6AM on Saturday to pass the budget. The Spring session comes to an end nearly a month earlier than normal due to the June primary.
Illinois’ government has budgeted $46 billion for the next fiscal year, set to begin on July 1st. McClure says that he doesn’t believe anyone has read the full budget in the time it took pass.
Reactions to passage of the budget were mostly along party lines on Saturday.
Representatives from Invenergy, the owners of the clean energy transmission line, will be at the Pike County Senior Center in Pittsfield on Tuesday from 5-7PM. Scott County landowners will be encouraged to attend a similar meeting at the Nimrod Funk Building in Winchester from 5-7PM on Thursday.
Pike-Scott Farm Bureau Executive Director Blake Roderick says after their first set of meetings through the 8 counties which the utility line will pass, the company has proposed an alternate route that would trek the line on a more southerly route that will now take it south of Pittsfield and possibly through Greene County, into northern Macoupin County heading east towards the Indiana border.
Roderick says that this new alternate route is problematic: “The third route is basically the route they had in 2015. Then, they had that first alternate route which is going south. That alternate route would cross the Illinois River and go into Greene County. The preferred route crosses the Illinois River and goes into the far southern part of Scott County. The third alternate route is in Pike. They did something following their first meeting and for whatever reason they did, they decided that they wanted to add that route. It impacts much more farm ground than the other routes did when they added that new alternate route onto it. We don’t know why they did it.”
Roderick says until Invenergy files the plans with the Illinois Commerce Commission, people won’t know which of the routes will be chosen as the trek of the transmission line.
Roderick is concerned with the state government allowing a private, non-utility company asserting eminent domain powers over privately owned property: “We don’t like the process that they are going through to do this, particularly the state government giving this private company, outside of normal law that Illinois follows, giving them the right to take private property. We do not like that one bit. We don’t like it on normal occasions, and we really don’t like it on this occasion.”
Roderick says that the Pike-Scott Farm Bureau has held their own meetings with members and encouraged them to seek private counsel on all property easement issues that may arise with Invenergy. He encourages any landowner not to come to any verbal agreements and make sure everything appears in writing. For now, Roderick says the Farm Bureau is in a holding pattern until the paperwork is finalized with the Illinois Commerce Commission before an official stance is made about the entirety of the project.
Brown County Sheriff’s Deputies arrested one man in a traffic stop yesterday.
27 year old Austin R. Rhoades of Versailles was cited for felony possession or use of a firearm, unlawful use or possession of a weapon by a felon, possession of a firearm without a FOID card, possession of ammunition without a FOID card, possession of methamphetamine between 5-15 grams, possession of methamphetamine with intent to deliver, unlawful possession of cannabis by a driver, speeding, improper lane usage, excessive vehicle noise, driving with a suspended or revoked license, and operating an uninsured motor vehicle.
He remains held at the Schuyler County Jail without bond, pending a first appearance in court.
Finlaw orally argued that prosecutors did not prove beyond a reasonable doubt that he was guilty of murder. Finlaw formally filed the motion in writing on February 15th. Visiting Judge Jack Davis III allowed Finlaw to orally argue the specifics of his motion in court Friday. Finlaw went on to argue that the state did not provide proficient evidence for the conviction, prejudiced the jury, allowed an improper juror to be seated, and continued to argue that statements he made during an interrogation by police was under severe sleep deprivation and mental duress.
Assistant State’s Attorney Chad Turner argued against the motion on Friday that the objections raised in the motion were without merit: “There is a concept in the law that is known as ‘waiver,’ which is basically if there is some sort of objectionable evidence that is being offered, you are required to make a timely objection to that at trial and if you don’t, you’ve waived that objection. The purpose for that is during the moment a side objects, it’s fixed during the here and now and the side is allowed to a call a different witness or ask a question in a different way. It can be fixed. If a side doesn’t object, generally they’ve waived that argument. A lot of times during a trial, there is objectionable evidence that for reasons of strategy or what have you, a side may choose not to object to it. For example, it draws more attention to evidence that is particularly damning or it could be presented in a way that is more persuasive. There are a lot of reasons why somebody might not object to certain things. A lot of objections that happen during trials by seasoned attorneys are technical evidence-based rules objections. It’s not that the evidence itself won’t eventually come out at trial. It may be how you are asking about it or presenting it.”
Finlaw also argued in court that he was deficient in the performance of his own defense during the case. Turner says there is legal precedent that someone can’t use that argument during a motion for a new trial when are a self-defendant: “It was fairly interesting. Sometimes you come up with these novel things when you have someone who clearly is not well-versed in the law. Somehow he is claiming that as he was acting as his own counsel, he was ineffective; but that’s not the same thing as the legal argument of ineffective assistance of counsel. Clearly, it is the same thing. I can understand why he might think it’s not the same thing. That’s why there is clearly case law that says if you choose to represent yourself, you waive any claim of ineffective counsel because of course you’re going to be. Abraham Lincoln said that a man who represents himself has a fool for a client. Clearly that argument is waived and about as baseless of a claim he could make in this hearing.”
Judge Davis denied Finlaw’s motion for a new trial and set sentencing in the case for April 29th at 1:30PM. Davis went on to admonish Finlaw that he had a right to receive counsel for his sentencing. Finlaw asked for a public defender, and Finlaw’s stand-by counsel, Morgan County Public Defender Tom Piper, was appointed by the court.
Finlaw faces a penalty of 20-60 years in prison, up to 3 years of Mandatory Supervised Release, and various fines, fees, and court costs up to $25,000. Under Illinois’ truth-in-sentencing laws, Finlaw must serve 100% of his sentence. Judge Davis told Finlaw prior to concluding the hearing that he would have right to an appeal after his sentencing.
West Central Joint Emergency Dispatch is addressing deficiencies in their telecommunication service in two counties with upgrades.
The joint dispatch will consider approving upgrades to radio tower service in Greene and Calhoun Counties today.
Coordinator Phil McCarty says that West Central Joint Dispatch is always looking for ways to improve their dispatch services, even if it is a little bit at a time: “We did the initial build out of the initial radio system back when we went online. Now, what we are doing is just updating the system to make it better for the first responders’ radio system. It’s never perfect. We are always looking for things to improve and make it better as funds become available. We are following up on an assessment that was done by Mission Critical Partners in assessing all the radio systems in Morgan, Greene, and Calhoun. This is just some of the first steps in the recommended improvements.”
McCarty says that Greene and Calhoun were chosen because of the challenging topography that cause radio signals to drop and sometimes lack service in certain areas. The upgrades are expected to be approved at the West Central Joint ETSB meeting this afternoon.
McMahon is being represented in the suit by Louis Meyer of Meyer & Kiss, LLC of Peoria.
The accusations stem from an incident from February 15th of last year in which McMahon says she was at the Wheel Inn in Beardstown at around 7:30PM and captured a car crash on video with her cellphone that occurred near the intersection of 6th Street and Arenz Street in Beardstown while she was playing slot machines. A passenger in another vehicle reported the collision to Beardstown Police due to one of the cars involved ending up in a ditch. According to McMahon’s account, she left the Wheel Inn shortly after and visited a friend’s residence on 4th Street nearby prior to officers arriving on scene.
Officer Dennis then allegedly began looking for Dennis and followed tracks in the snow to the nearby residence, where McMahon was subsequently arrested and charged for one count of resisting or obstructing a peace officer. The charge was eventually dismissed by the Cass County State’s Attorney’s Office on September 22nd of last year.
McMahon alleges that while Dennis handcuffed her without cause, he grabbed her by the back of the neck and threw her face first into a gravel driveway, injuring her face and mouth causing injuries that were later treated at a nearby hospital.
McMahon is seeking punitive and compensatory damages
In their answer to the suit, the city admits that Dennis followed McMahon to the residence and handcuffed her but denied that Dennis acted inappropriately. The city also says that an ambulance was summoned to the 4th Street address for medical assistance but denied that McMahon’s injuries were caused by Dennis. In Dennis’ separate answer, it states that Dennis was acting appropriately as an officer performing discretionary duties and that his actions were lawful in light of the law and based upon information had at that the time, and that he was entitled to qualified immunity for any wrongdoing in his capacity as an officer. The answer also says that any injuries or damages that McMahon incurred from the incident were “due to her own negligent, willful, wanton, and unlawful conduct.”
A jury trial has been asked for by both parties. A pre-trial conference has been set for April 26th at the federal courthouse in Urbana before Magistrate Judge Eric I. Long. A possible trial in the case may not be heard until February of next year.
A Franklin teen who recently won a state competition for reading poetry is now winning a state competition for writing his own.
Franklin High School Junior Thaddeus Bergschneider recently took 2nd Place in the inaugural Illinois POETRY OURSELVES contest for his work “Arm the Children.” Bergschneider wrote and submitted his own work and was one of 17 other high school students invited to compete in the competition. Entries came from students who had been named Illinois finalists in a national competition for reciting classic and contemporary poems, Poetry Out Loud.
The Illinois Arts Council Agency sponsored and oversaw POETRY OURSELVES. The competition was based on an anonymous format where creations were read with no names or schools were identified on the work.
Winners will receive specially-designed trophies. All POETRY OURSELVES participants received a writing journal.
Jacksonville Police arrested a juvenile last night in connection to a shots fired incident.
Police were called to the 1100 block of North Clay Avenue around 9:21PM after a report of 6-7 gunshots being fired in the area.
Upon arrival, the suspect had left the scene and police discovered that several gunshots had been discharged into a vehicle during a disturbance.
At 11:11PM, police later located the suspect, a 16 year old male juvenile in the 300 block of East Walnut Street and was arrested for aggravated discharge of a firearm.
The current status of the juvenile is unknown. No injuries were noted in the police reports. According to Jacksonville Police, investigation into the incident remains ongoing.
