‘Catch-and-release’ Kevin up to his old tricks (UPDATE)
I absolutely cannot wait for Peoria County State’s Attorney Kevin Lyons to explain this:
Devear Lewis of 2331 W. Dr. Martin Luther King Jr. Drive was in the middle of a trial on charges of murder and aggravated battery with a firearm when the plea to a single count of unlawful possession of a weapon came through Thursday morning.
[snip]
Prosecutors have said Lewis pulled out two handguns and began firing them into a crowd, which had formed outside the club.
Killed in the shooting was Teddy Jackson, 26, of Peoria, a security guard at the club. Two others wounded, in the legs and arms, were Skylar Jordan and Che’Mare Irby.
Who will he blame this on? The choices:
- Police
- Eyewitnesses
- The press
- Political opponents
- The stupid populace who cannot grasp the complexities of the legal system
- Everyone else in the criminal justice system, other than himself
UPDATE: The answer is “Eyewitnesses.”
Five witnesses initially identified him as a shooter, but only two picked him out of a lineup after his apprehension, according to Journal Star archives.
The stories of witnesses called to testify during the trial this week, however, changed from the original accounts given to police. A witness who was to testify Thursday morning also gave prosecutors new information before taking the stand, Assistant Peoria County State’s Attorney Nancy Mermelstein said.
“Definitely, (Lewis) had a gun down there, but there was testimony that other people had guns, as well,” she said.
Billy Dennis is a former reporter and editor at small daily and weekly newspapers in Illinois and Missouri. He comments on media, news and politics. He also owns and operates 
Looks like Peoria is fresh out of justice.
I guess the council may as well lay off police officers. A lot of good it does for them to catch these criminals just to have Lyons put them back on the street. I don’t know why officers bother risking their lives to apprehend these criminals just to have Lyons let them off the hook. I believe unlawful possession of a handgun is a Class 4 felony, punishable by 1-3 years. With time served, I’ll bet they let him out on the street immediately.
I guess it really is better here… if you’re a criminal.
Well, without knowing a thing about the case, it could be due to the fact the eyewitnesses were lousy. It could be that the physical evidence was garbage. I am curious. Would you rather have no conviction or a conviction on a lesser count?
Again, I know nothing about this case, but I think it’s amazing you attack attorneys without knowing a thing about the evidence.
Are those the only two options our states attorney’s office can provide?
“Are those the only two options our states attorney’s office can provide?”……. don’t forget that the decision on conviction isn’t made by the State’s Attorney but rather by a jury and/or the judge. From the reporting at the PJS it sounds like the witnesses aren’t airtight and the case had some flaws that could have endangered achieving the conviction on the greater charges…..sometimes you have to take the bird in hand rather than gamble…..
“…sometimes you have to take the bird in hand rather than gamble…”
Are you saying that they wouldn’t have even been able to get the guy on an unlawful possession charge without a plea?
Nope, not saying that at all. But I have trust that the professionals doing this for a living weighed the possibilities and felt this was in the communities best interest.
CJ: ever tried a criminal case? Ever served on a felony jury? Ever heard the phrase beyond a reasonable doubt? Ever listened to a jury confronted with 5 star witnesses, 3 of which can’t make an ID and the other two CHANGE their story? On TV that may be good enough for a guilty verdict, or with someone like you who would convict anyone the police arrest, but in the real world, it takes more, much more.
“gfalkes”: No, I’ve never tried a criminal case. Yes, I’ve served on a felony jury. Yes, I’ve heard the phrase beyond a reasonable doubt. No, I’ve never listened to the jury situation you described. Yes, I know the difference between TV justice and real life justice. No, I would not convict anyone the police arrest.
Here’s what I do know: Teddy Jackson is dead. Evidently no one will be held accountable for his murder. After all the excuses have been made, the bottom line is that justice is not being done for a dead man, gunned down in cold blood in front of a crowd of witnesses. I would hardly say that’s in the best interests of the community.
My former self would roll over in its grave hearing me say these words, but here goes…. I’ve come to the realization that we (as a society) REALLY are better served by the failure of the justice system to convict and sentence an individual that is guilty than by having a system that convicts an individual (to appease the masses) who is innocent. Few truly understand the basic premise of “guilty beyond a reasonable doubt”.
Perhaps this “new information” will lead police to another suspect who is guilty of the murder and perhaps not – time will tell. However, clearly the “crowd of witnesses” weren’t consistent in their story or actually saw what happened/who shot Mr. Jackson or the conviction would have been a sure thing.
Justice is messy, not always certain, and certainly not always swift – and there is no way around that if we want to protect the liberties granted to us in the constitution. I’ll take my consolation in knowing that faced with a different set of facts, the prosecution was willing to reconsider their approach and strategy rather than being bull-headed and being swayed by emotions or public opinion. Naive – perhaps ……
I’m sure that will be very comforting to Jackson’s mother. “Your son’s killer won’t have to pay for his crime, but it’s better than [insert false dichotomy here]….”
If our only two options are, as you described them, “the failure of the justice system to convict and sentence an individual that is guilty” or “having a system that convicts an individual [...] who is innocent,” then I guess the only solution is total anarchy.
CJ, so what do you think should have been done. Given what the PJS reported, it looked like the murder conviction wasn’t going to happen. Should prosecutors have just tried the case and probably lost, letting the Lewis walk? OR should they take a conviction on a lesser charge, and get at least some punishment?
Really, what do you think should have happened?
Alex; This isn’t happening in a vacuum. I spoken to prosecutors from OUTSIDE the Peoria area, and they cannot believe the degree to which Lyons does plea bargains.
Considering most cases are plead out to begin with, I have to believe the evidence was pretty solid for this case to even make it to trial — especially under Lyons’ standards. So why did everything go haywire in the middle of the trial? Did the prosecutors not prepare their case well enough? Did someone tamper with the witnesses? I mean, doesn’t it seem a little unusual that five witnesses changed their stories?
In any case, yes, I think the case should have been tried and the judge/jury should have been allowed to make the final determination. The plea didn’t do anything for the public benefit — it only helped protect Lyons’ conviction rate so he can keep getting reelected. It was a face-saving move. Let Lyons’ conviction rate take a few hits and maybe the public will finally wake up and vote him out of office.
So a guy getting convicted and possibly sent away for 14 years isn’t protecting the public. I am sure the guy gets time off. So let’s say he get the max and gets half off, that is seven years he’s in prison. Is the public not protected for that amount of time?
Look, I get your point about preparation and that’s a good one. What did happen and why? But things happen in court. These are real people, not abstract museum projects. I just don’t get why you’d rather have nothing than something. You can be upset with something but it is better than nothing.
They should make that Peoria’s official motto: “Something is better than nothing.” It applies to everything — crime, museums, charter schools. Our city song could be Billy Preston’s “Nothing from Nothing.”
I think we, as a community, need to start aiming higher and expecting more than mediocrity.