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Morgan County Sheriff’s Office, JPD Sued Over Traffic Stop

The Morgan County Sheriff’s Office and the City of Jacksonville have been sued by a California man for a civil rights violation in the U.S. Court for the Central District of Illinois.

Attorney Louis J. Meyer of Peoria law firm Meyer & Kiss filed civil action last Monday on behalf of Benjamin Stone of California. Stone accuses Morgan County Sheriff’s Deputy Derek Suttles of following him on Interstate 72 for more than a mile on May 9th while he was traveling through the area from Washington D.C. back to his home state of California.

Stone says in the suit that he pulled off on the South Jacksonville exit for gas and a hotel room and was still being followed and eventually stopped in a hotel parking lot at approximately 2:35PM. The lawsuit contends that Stone had not committed any traffic violation and there was no reason to stop him.

The lawsuit says that Suttles then asked if there were any illegal drugs in the vehicle and Stone then told Suttles there was not. Suttles then asked Stone if he could search the vehicle and Stone said no. It was as this point that Suttles contacted the Jacksonville Police Department K-9 unit and Officer Jordan Poeschel and his K-9 partner walked the perimeter of the vehicle.

According to the complaint, Poeschel allegedly claimed that his K-9 partner alerted for contraband in the vehicle, which the complaint says was a false claim. Suttles then requested Stone give the police his car keys to search the vehicle. Stone refused and a locksmith was called. The locksmith opened the car and police found nothing and Stone was released.

Meyer says his client’s case is something that he’s seen all over the state as a problem with drug interdiction officers: “There is a very big financial incentive for these officers to do what they have been doing – pushing the boundaries of the Fourth Amendment and in many cases crossing the threshold of Fourth Amendment violations in the pursuit of drugs. In my thought, it’s all about asset forfeiture and civil forfeiture. I think it’s an easy target and I think that discovery [in this case] is going to bare out that there is going to be a much higher percentage of people with California and Oregon license plates that are pulled over for minor or for not even traffic tickets that are initially asked if they would consent to a search, and when the people exercise their Constitutional rights, they are detained. A dog comes and the dog alerts and then they search the vehicle.”

Meyer says there have likely been several other motorists who have had this happen in the area, as he accuses the Sheriff’s Department of an alleged illegal pattern of behavior: “Many times, bearing no fruits of their behavior, the individuals are just given a warning or the officers say ‘We are just trying to fight the war on drugs. Sorry about this.’ and let them go. Most people don’t do anything about it. In some situations, some people do because they know what happened to them is a clear violation of their rights, so I’m proud to have people like Mr. Stone that stand up for his rights and say ‘You guys cannot do this’ and continue to get away with it.”

Meyer says that the lawsuit only allows he and his client to seek an unspecified monetary amount in damages in the case, but he says these cases usually have a secondary effect: “We hope that we get to the point where it’s costing money…taxpayers money or county money where they say they cannot keep paying these lawsuits, we need to change our behavior out on the streets. A big part of it is awareness. It exposes this as this is occurring. We want supervisors, we want county officials, we want the citizens of Morgan County to realize what [these officers] are doing in hopes that public pressure brought by attention to this to create some change – that officers that are out there need to follow the law just as we, as citizens, are required to follow the law.”

An email requesting a comment or interview from Morgan County Sheriff Mike Carmody on the allegations contained in the lawsuit has not been returned. Requests for comment from the Morgan County Commissioners were denied at this time due to the pending litigation.

The Journal Courier reports that allegations in the suit are similar to those made in federal lawsuits filed in 2015 by Douglas Raney, Michael Shackleford and Tim Hagen — who maintained they were improperly searched after being pulled over by Suttles on their way from Kansas to a Notre Dame game in Indiana — and by Calvin Kisselbach, who was stopped while traveling from White Hall to Jacksonville, which were settled in 2016 for a combined $24,000 and attorney fees.

Morgan County Budget Hearings Set To Begin Next Week

The Morgan County Commissioners are ready for budget talks to begin.

Morgan County Commissioner Chair Ginny Fanning says that the county’s budget is available in the County Clerk’s Office for inspection by the public: “Our preliminary budget is on file over at the County Clerk’s Office. We will have a meeting on Monday [August] 30th to approve our budget for Fiscal Year 2022. Negotiations continue to take place with [the county’s] three unions.”

The budget hearing will take place at 9AM next Monday on the first floor of the Morgan County Courthouse in the Commissioners Office. Teleconference options will also be available.

HSHS and Memorial Seeing Breakthrough COVID Cases Across Their System

Two Central Illinois Hospital systems say that most but not all of their COVID-19 patients are unvaccinated this past week.

The HSHS and Memorial Health Systems released data on Friday across all their hospitals in their networks.

Out of a combined 215 COVID patients across their 20 hospitals, 13% are vaccinated. 62 patients are in ICU across the systems, of which 12% are vaccinated, and 3 of the 32 patients on ventilators are vaccinated.

This information comes on the heels of Passavant CEO Dr. Scott Boston saying that the hospital is under significant strain of new patients due to the possible Delta variant’s increased transmission. Boston said early last week that the hospital contingency efforts had turned a recovery anesthesia unit into a makeshift ICU spillover unit due to the rapid influx of new COVID patients.

Friday, the Cass County Health Department reported 31 new Covid cases over the past week, with 33 active cases overall, and 7 cases currently hospitalized.

The Illinois Department of Public Health reported Friday 24,682 new confirmed and probable cases of COVID-19 in the state over the last week.

Local Arts Group Splinters Over Funding Usage

An area arts group hoping to bring an Arts Center to Jacksonville has splintered. According to a press release today, the Jacksonville Center for the Arts has had its president, treasurer, and secretary resign from the Jacksonville Center for the Arts group.

The group had been working for the last four years to bring a civic center for the arts near Downtown Jacksonville.

The Center for the Arts Board was scheduled to meet tonight. According to the press release, President Dr. Susan Weller, Treasurer Josh Mariage, Secretary Sonie Smith have all resigned amid a remaining group of members wishing to dissolve the JCA organization and distribute funds raised to other causes. According to the release, this is an effort that Dr. Weller and those who have resigned oppose.

In return, Dr. Weller and four former JCA board members have formed an alternative non-profit group known as Jax Civic Center. The release says it is trying to secure the funds previously raised by the JCA to use it in accordance with donor wishes to create a Civic Center. The newly created group has already been designated at 501 C 3 non-profit in the state.

The new group has also entered into an exclusive agreement with Ryan Turner to renovate and occupy a large portion of the former Jenkins Education Complex at the former MacMurray College Campus. The release today says that the project will require $2 million less in a fundraising need to complete the idea of the Civic Center.

MacMurray Foundation Postpones Homecoming

The MacMurray Foundation & Alumni Association announced on Thursday the postponement of the planned October 15 – 17 Homecoming and Alumni gathering.

The group is now shooting for the spring/summer of 2022. According to the announcement, the board of directors didn’t feel it would be prudent to hold the gathering due to the rising cases of COVID-19 in Morgan County. The announcement says that the board of directors had received a number of communications from members being honored with the Homecoming had expressed they wouldn’t attend due to the ongoing pandemic.

Foundation Board Chair David Ekin said in the announcement that it was a tough decision but the Board felt that the number of indoor gatherings scheduled for the Homecoming was not worth the risk. The Foundation says it is currently working with local planners to identify a rescheduled date in late spring or early summer 2022 when conditions will hopefully be more conducive to a gathering.

Read the full announcement here.

Grain Bin Entrapment Kills Menard County Farmer

A well-known Menard County farmer has died after a grain bin entrapment incident Friday afternoon.

According to Menard County Chief Deputy Sheriff Ben Hollis, the sheriff’s office received a 9-1-1 call at approximately 1:26PM Friday of a man trapped in a grain bin in the 16000 block of Pin Hook Road in rural Petersburg, approximately 4 miles northwest of town.

Menard County sheriff’s deputies, the Petersburg Rural Fire Department, Menard County EMS, and the Menard County Rescue Squad immediately responded.  The first units on scene learned that a 47-year old male was submerged in the grain within the bin. Responders, with the assistance of other local farmers, immediately began draining the grain from the bin and searching for the entrapped individual. According to KHQA, it took approximately 35 minutes from the time help arrived to locate the man.

The victim, later identified as Brian Satorius of Petersburg, was located and extricated from the bin. Despite life-saving measures, he succumbed to his injuries at a Springfield hospital later on Friday afternoon.

Hollis said in a released statement that Satorious untimely passing leaves behind a loss in the local farm community: “I feel it’s important to note that Mr. Satorius was an outstanding citizen and community member.  He was a fierce advocate for agriculture, leading the Menard County Farm Bureau as its president, along with many other roles he fulfilled in the community.  Brian was a friend to anyone and everyone — I don’t know if I’ve ever known a finer individual.  He leaves behind a wife and two children.”

No further information about the incident is being released at this time.

Apartment Fire Injures One in Waverly

An apartment building was severely damaged after an early morning fire in Waverly.

Waverly Volunteer Fire & Rescue received a report of a structure fire fully engulfed at approximately 5:48 this morning at 395 East Vandalia Street. Waverly Fire & Rescue officials say they immediately requested mutual aid from the Franklin Fire Department and placed the Alexander Fire Department on standby.

Upon arrival, the first story of the unit was fully involved. Volunteer firemen also found a resident shortly after who had severe burns and requested LifeStar Ambulance for transport to Memorial Medical Center in Springfield. According to further reports, Alexander and Loami Fire Departments were then requested for more manpower for fire containment.

Waverly officials say the fire was brought under control with heavy damage to two apartments and smoke and water damage to the other two apartments.

The cause of the fire is currently undetermined.

McClure TRS Bill Signed, House Parent Bill Vetoed

A bill sponsored by a local Senator was signed into law by Governor J.B. Pritzker yesterday.

Senate Bill 1646 amends the Teacher Pension Code to allow a member to establish optional credit for up to 2 years of service as a teacher or administrator employed by a private school recognized by the Illinois State Board of Education and pays for that service. The bill allows members to apply until June 30, 2023. It also ensures that teachers are not penalized for the increased salaries they earn as a result of teaching additional summer school offerings that districts are providing to address the learning loss resulting from the COVID-19 pandemic.

The bill was sponsored by 50th District State Senator Steve McClure and received wide bi-partisan support. A similar bill was introduced in the Illinois House by 93rd District Representative Norine Hammond with 100th District Representative C.D. Davidsmeyer as a co-sponsor. House Bill 1966 was effectively vetoed by Governor J.B. Pritzker.

Pritzker says he vetoed the House Bill because it left out key provisions that the Senate Bill included. Pritzker says: “I support the intent of this legislation and I am pleased to sign Senate Bill 1646, a similar bill with more expansive provisions.”

Senate Bill 1646 takes effect immediately.

Finlaw Asks State for Witness List Ahead of Final Pre-Trial Hearing

A man defending himself against charges of murder in Morgan County Court yesterday says he needs a witness list before he can be ready to go to trial.

21 year old Dustin Finlaw says that Morgan County State’s Attorney Gray Noll has not produced a specified witness list for him to file subpoenas for his own witnesses ahead of his September 14th trial for the stabbing death of 42 year old Robert Utter of Rushville.

Noll says that his list of names had been included in the discovery documents turned over to Finlaw several weeks ago when he began defending himself (known as pro se) in the case. Finlaw persisted in asking the court for a specific list so he can begin issuing subpoenas for rebuttal witnesses in his defense.

Visiting Judge Jack Davis II ordered Noll and Finlaw to turn over a specific list of witnesses, a list of exhibits, and statement of case to each other prior to the final pre-trial hearing scheduled for September 8th.

Davis also questioned the state about turnaround time from the Illinois State Police on an outstanding DNA analysis and a cellphone data extraction being conducted by the FBI.

Noll told the court that the DNA analysis is on a fast track with the Illinois State Police crime lab and would be turned around in approximately two weeks. Noll says he has not received communication from the FBI on the timetable of the cellphone data extraction.

Davis then asked if Finlaw had any objections with the DNA or the cellphone evidence. Finlaw said that an analysis had already been conducted prior by police and he was unsure of the new analysis’ relevance the case. Finlaw says the discovery he received said that the DNA taken from the scene of the crime and his DNA extracted from a musical instrument in his residence shortly after the crime occurred did not match. As for the phone extraction, Finlaw says he’s unsure of what the state believes they will find in his cellphone data that would serve as evidence that would be used in the case.

All motions and further questions are due to the court prior to the September 8th final pre-trial hearing.

IL Lawmakers Called To Springfield For Special Session on Remap Aug. 31

Top Democrat lawmakers are calling the Illinois General Assembly into special session at the end of the month. Illinois House Speaker Chris Welch and Senate President Don Harmon are scheduling a special 1-day session on August 31st to redraw political districts based on the census data.

The announcement comes on the heels of State Republicans citing statistical analysis that the Democrat-drawn maps earlier this Spring were unconstitutional, according to their numbers. Republicans and the Mexican American Legal Defense Fund sued shortly after the maps were signed into law by Governor J.B. Pritzker saying they violated the 1-person, 1-vote provisions in the U.S. Constitution.

Republicans want a federal court in Chicago to declare the maps approved this Spring void and shift the responsibility to a bipartisan committee. CHANGE Illinois has asked that lawmakers hold 4 public hearings on the maps and give the public two weeks to review changes in the map and provide feedback.