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Yahoo
3 days ago
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Peoria man's 15-year sentence reduced by Appellate Court
PEORIA, Ill. (WMBD) — It was a win, sort of, for a Peoria man who appealed his conviction to a higher court. The 4th District Appellate Court in Springfield kept the conviction in place but did cut some time off his 15-year sentence, according to a 20-page order released on May 27. The order, written by Judge David Vancil with Judges Thomas Harris and James Knecht concurring, left in place convictions for reckless discharge of a firearm and for being a felon in possession of a firearm in connection with a chain of events that occurred on Oct. 28, 2023, that led to a man's death. Man sentenced in connection to deadly Peoria traffic collision The judges found now-retired Peoria County Circuit Judge Paul Gilfillan improperly allowed Demetrius Drummond to be sentenced for an extended term on reckless discharge charge. At the time, it appeared the judge as well as the attorneys thought he was eligible for an extended term of six years instead of the typical three years because of his past record. But because the course of conduct that night — shooting a gun in the air — was similar in both cases, the appellate judges found it wasn't appropriate to give him an extended term so they reduced his time on that count to three years. 'The State agrees that defendant's possession of a firearm and reckless discharge of that firearm were related, and there was no change in his criminal objective. Therefore, the State concedes that defendant's conviction for reckless discharge was not eligible for extended-term sentencing. The State also concedes that the unauthorized sentence was plain error,' the judges wrote. The judges left in place the 9-year prison term for the possession charge. According to Peoria police, officers responded to the area after an alert from the ShotSpotter gunfire detection system indicated nine rounds had been fired around 12:41 a.m., Oct. 28, 2023. People had gathered at a house party on Thrush Street that night. And some point, a man — later determined to be Drummond — fired a gun in the air. '. . . people began to flee. One person, later identified as Kobe Johnson, appeared to crouch down in front of a parked car. Someone else got into the car and drove away, driving over Johnson and leaving him lying in the middle of Thrush Street,' the order stated. Man arrested in connection with deadly Peoria traffic collision When they arrived, officers found an injured man on the road. That man was 24-year-old Kobe Johnson of Peoria who suffered multiple blunt-force trauma and crush injuries after being hit by the car and likely died instantly, according to the Peoria County Coroner's Office. Using witnesses' statements and cell phone records, prosecutors were able to convince a jury that it was Drummond who was the shooter. Drummond at the August 2024, trial opted to represent himself after his public defender said he wasn't ready to go to trial with only six weeks to review the evidence. With the court's ruling and the fact that Drummond is eligible for day for day 'good-time' credit, he could be released in a bit less than five years. Copyright 2025 Nexstar Media, Inc. All rights reserved. This material may not be published, broadcast, rewritten, or redistributed.
Yahoo
18-04-2025
- Yahoo
Judges deny McNeil's appeal in 1998 murder of his daughter
PEORIA, Ill. (WMBD) — The latest attempt by Barton McNeil to overturn his decades-old conviction for killing his daughter was denied by a trio of appellate judges on Friday. McNeil, 65, has been serving a virtual life sentence after being convicted for the suffocation death of his daughter Christina in 1998. Since then, McNeil has maintained no wrongdoing, claiming his ex-girlfriend did it and has continued to fight for a new trial. 4th District Appellate Court to hear two cases on the ISU campus McNeil is being represented by both the Innocence Project and the Exoneration Project. He's battled his conviction on both the appellate court level and in the trial courts with post-conviction petitions. It's that last form of appeal that was denied by the judges from the 4th District Appellate Court who heard his case last month during a special 'on the road' session at the Illinois State University campus. He had asked appellate judges James Knecht, Amy Lannerd and Peter Cavanagh to overturn a Feb. 1, 2024, ruling by McLean County Circuit Judge William Yoder who said evidence that McNeil wanted to use at a possible new trial wouldn't have been legally allowed and beyond that, it's wasn't likely to tip the scales at that new trial. McNeil argued he had new evidence that could show he didn't do it. He has consistently pointed to his ex-girlfriend Misook Nowlin, who now goes by Misook Wang, as the one who killed her. Wang was convicted and sentenced to 55 years in prison in 2013 for killing her mother-in-law. McNeil claims Wang confessed to killing the little girl. However, the person she allegedly confessed to denied that such a statement was made, according to court records and that made things sticky. But Yoder refused to allow what McNeil wanted, saying it wasn't admissible. The appellate judges agreed. In 32-page unanimous order penned by Knecht, the judges said Yoder's analysis was on point and necessary. Also, they noted that Wang's refusal to testify, invoking her Fifth Amendment right was not an adverse reaction. 'At the time of the evidentiary hearing, (Wang) had a pending postconviction appeal in her own criminal case. As noted by the trial court, her answers at defendant's hearing could be used against her in future proceedings, which would include her own postconviction proceeding,' they wrote. 'This fact alone provides a sufficient reason as to why (Wang) refused to testify afterreceiving advice from her public defender.' The judges also noted that Wang 'willingly testified at the March 1999 offer of proof hearing, even after being admonished of her right to remain silent, and when she knew defendantwanted to accuse her of C.M.'s (Christina McNeil's) murder at his trial.' Yoder's ruling came in the post-conviction process. That form of appeal goes through the trial court, not the appellate court. There are three stages. The first stage falls on a judge to 'determine whether the petition is frivolous or patently without merit in that it fails to state the gist of a constitutional claim,' according to the state act outlining the process. If the matter goes past the first stage, then a judge could appoint an attorney to help with the petition. At a third-stage hearing, a judge would hear evidence of newly discovered materials or claims of constitutional right violations that a defendant thinks would lead to a different outcome. It's possible that McNeil could now appeal Yoder's decision to the Illinois Supreme Court in Springfield. This story will be updated. Copyright 2025 Nexstar Media, Inc. All rights reserved. This material may not be published, broadcast, rewritten, or redistributed.
Yahoo
16-04-2025
- Yahoo
Illinois court denies Snow's bid for more tests in 1991 murder case
PEORIA, Ill. (WMBD) — Three appellate judges said no this week to a request to do more forensic testing in connection with a 1991 homicide that has sent one man to prison for the rest of his life. Jamie Snow had hoped to convince the judges from the 4th District Appellate Court that a McLean County judge got it wrong last year in denying more testing. That didn't happen. 4th District Appellate Court to hear two cases on the ISU campus Rather, the 19-page order, written by Judge James Knecht with Judges Robert Steigmann and Peter Cavanagh concurring, sided with McLean County Judge Kevin Tippey and said the testing would not do what Snow wanted — find him innocent of the March 31, 1991 killing of William Little who was shot to death at a gas station. Snow, 59, wanted DNA and fingerprints tested from the station's door, from his clothing and from the bullets. Each item, the judges said, would not exonerate him. 'We disagree. As the trial court indicated, any identification from DNA or fingerprint testing would simply show a person at some point visited the gas station,' the panel said. 'Given the evidence presented against defendant and the evidence defendant seeks to acquire through testing, we agree with the trial court's assessment that defendant has not shown a favorable result of the testing would significantly advance his claim of actual innocence.' Snow was one of two people — the other being Barton McNeil — who had their cases heard by the appellate court, not in the normal location in Springfield, but on the Illinois State University campus. Appellate courts have gone on the road before to hear cases, so while it's not common, it's not unheard of. The judges have not yet ruled in the McNeil case. Snow was appealing the denial of his request for DNA testing and fingerprint analysis after a post-conviction hearing in March 2024. The state Post Conviction Act allows for three stages when a person convicted of a crime is appealing their conviction through the trial court instead of the appellate court. The first stage falls on a judge to 'determine whether the petition is frivolous or patently without merit in that it fails to state the gist of a constitutional claim.' If a person gets past the first stage, then he or she could have an attorney appointed if necessary, and then the case would proceed to a third-stage hearing on the newly discovered evidence or claims of violations of constitutional rights. The homicide occurred in 1991, but Snow wasn't arrested until years later. There was little in the way of forensic evidence, and the case largely hinged upon witness testimony. He was convicted in 2001 of killing Little in 1991. He's appealed several times over the years and has been represented by the Exoneration Project for more than a decade. He's been looking for new evidence that has could prove his innocence. In their briefs, prosecutors argued none of the requested testing would significantly advance Snow's claim of actual innocence. Copyright 2025 Nexstar Media, Inc. All rights reserved. This material may not be published, broadcast, rewritten, or redistributed.
Yahoo
25-03-2025
- Yahoo
Appellate court takes its show on the road, heaving two cases on ISU's campus
NORMAL, Ill. (WMBD) — More than 100 people listened as two teams of attorneys laid out their cases regarding two decade-old convictions. A three-judge panel from the 4th District Appellate Court left their normal digs in Springfield and went on the road. Instead of a lavish and austere courtroom, they used the Prairie Room at the Bone Student Center on the Illinois State University campus. Appellate courts have gone on the road before to hear cases, so while it's not common, it's not unheard of. Often they hear two cases of local interest as a way to offer the average person a glimpse into the appellate process. In this case, it was the 1999 conviction of Barton McNeil who is accused of killing his daughter and Jamie Snow who was convicted of murder in 2001 for killing a gas station clerk at a Bloomington station. The three judges were seated behind their own table, covered with a black cloth to give it a more formal feel. The attorneys then stood several feet back and used a common lectern. And once the attorneys got going, the vibe was that of a courtroom. Each team had 30 minutes to argue their point of the appeal. There, at times, was a spirited back and forth between the judges and attorneys. Both defense attorneys and prosecutors for the state's appellate prosecutor's office got time to argue their case. After that, the appellate court will issue a written opinion, likely in a few months. McNeil was convicted in 1999 of killing his daughter, Christina, and later sentenced to 100 years in prison. In the hours after the girl's lifeless body was found, McNeil called police back to his apartment at least four times, and at one point, vehemently requests detectives come there to collect what he calls evidence of his daughter's murder. Suspect number one in his attorneys' minds is his ex-girlfriend, Misook Nowlin. She is currently serving a 55-year sentence for murdering her mother-in-law, Linda Tyda, in 2011 and had previously served time for domestic violence and child abuse charges. McNeil and his attorneys claim Nowlin admitted to killing Christina to her ex-husband but has since denied that. Snow was convicted in 2001 for the 1991 armed robbery and murder of Bill Little, 18, who was at the Bloomington gas station that Snow allegedly robbed. He received a life sentence. The incident happened on Easter Sunday in 1991. The robbery netted only $92. There was no murder weapon recovered, and DNA testing wasn't done. His attorneys had asked for DNA testing to be done on clothing, blood and bullets that were linked to the victim. Nowlin's confession wasn't known until years after his initial trial. McNeil's attorneys sought to have it admitted over prosecutors' objections. He, as did Snow, tried to introduce evidence through the post-conviction petition process. That form of appeal goes through the trial court, not the appellate court. There are three stages. The first stage falls on a judge to 'determine whether the petition is frivolous or patently without merit,' according to the state act outlining the process. If the matter goes past the first stage, then a judge could appoint an attorney to help with the petition. At a third-stage hearing, a judge would hear evidence of newly discovered materials or claims of constitutional right violations that a defendant thinks would lead to a different outcome. But last year, McLean County Circuit Judge William Yoder said no. The reason? The evidence that McNeil wanted to use at a new trial likely wouldn't be legally allowed and beyond that, it wasn't likely to tip the scales at a new trial, he ruled. Snow's case was basically the same. He too was denied a chance to get new DNA testing by a local judge ruled it would not have been enough to clear him of his murder convection and as such, denied his request. The two men are appealing the rejection of their petitions, both of which came last year. Copyright 2025 Nexstar Media, Inc. All rights reserved. This material may not be published, broadcast, rewritten, or redistributed.
Yahoo
18-03-2025
- Yahoo
Appellate Court to hear oral arguments in Bart McNeil's conviction
PEORIA, Ill. (WMBD) — Later this month, a Bloomington man hopes his attorneys can convince an appellate court panel that he has new evidence which will prove he did not kill his 3-year-old daughter nearly 30 years ago. It'd be an early birthday present for Bart McNeil whose 66th birthday is about a month after a panel of three judges from the 4th District Appellate Court will hear his case during a special 'on the road' session at Illinois State University. The judges will hear two cases at the Bone Student Center on March 25, with one of them being McNeil's. Normally, the appellate court hears cases in Springfield, but they often go on the road as a way to allow more people to see the appellate process. Both Team McNeil and prosecutors for the state's appellate prosecutor's office will get time to argue their case. After that, the appellate court will issue a written opinion likely in a few months. McNeil was convicted in 1999 of killing his daughter, Christina and later sentenced to 100 years in prison. In the hours after the girl's lifeless body was found, McNeil called police back to his apartment at least four times, and at one point, vehemently requests detectives come there to collect what he calls evidence of his daughter's murder. Since his conviction, McNeil worked on his own appeals, but in 2012, his case was picked up by the Illinois Innocence Project and later the Exoneration Project joined the effort. Suspect number one in his attorneys' minds is his ex-girlfriend, Misook Nowlin. She is currently serving a 55-year sentence for murdering her mother-in-law, Linda Tyda, in 2011 and had previously served time for domestic violence and child abuse charges. McNeil and his attorneys claim Nowlin admitted to killing Christina to her ex-husband but has since denied that. When she was called as a witness during a November 2023 hearing, she denied killing the little girl but asserted her constitutional right to avoid self-incrimination, known as 'Pleading the Fifth' regarding questions about her relationship with McNeil. Nowlin's confession wasn't known until years after his initial trial. McNeil's attorneys sought to have it admitted over prosecutors' objections. He tried to introduce that evidence through the post-conviction petition process. That form of appeal goes through the trial court, not the appellate court. There are three stages. The first stage falls on a judge to 'determine whether the petition is frivolous or patently without merit,' according to the state act outlining the process. If the matter goes past the first stage, then a judge could appoint an attorney to help with the petition. At a third-stage hearing, a judge would hear evidence of newly discovered materials or claims of constitutional right violations that a defendant thinks would lead to a different outcome. But last year, McLean County Circuit Judge William Yoder said no. The reason? The evidence that McNeil wanted to use at a new trial likely wouldn't be legally allowed and beyond that, it wasn't likely to tip the scales at a new trial, he ruled. 'The conclusive character of the new evidence is the most important element of an actual innocence claim,' the judge wrote in his 6-page ruling in February 2024. 'The evidence supporting the post-conviction petition does not place the trial evidence in a different light or undermine the court's confidence in the judgement of guilt.' It's Yoder's decision that the appellate judges are being asked to overturn. Prosecutors say it isn't admissible under the rules of evidence. Copyright 2025 Nexstar Media, Inc. All rights reserved. This material may not be published, broadcast, rewritten, or redistributed.
