Jan. 7—MORRISON — Just one day after a judge ruled that a Rock Falls man’s weapons trial will proceed next week, the case was dismissed Tuesday because the alleged victim is failing to cooperate with the prosecution.
Johnathon P. Parker, 40, was to stand trial beginning Tuesday, Jan. 14, on one count of aggravated battery/discharging a firearm, two counts of being a felon in possession of a firearm and one count of being a felon in possession of a weapon. All the charges stem from an October shooting in Rock Falls.
Whiteside County Circuit Judge James Heuerman on Monday denied the state’s motion to delay the trial as prosecutors were still awaiting bullet casing test results from the Illinois State Police and trying to find who they described to be a “crucial witness.”
One Tuesday, Whiteside County State’s Attorney Colleen Buckwalter made a motion to dismiss the case because the alleged victim has failed to cooperate in the prosecution, according to court records.
The charges stem from an Oct. 28 shooting, when police were dispatched at 2:15 a.m. to the 900 block of West Fifth Street on a report of a person who had been shot. When officers arrived, they found a man with a gunshot wound inside a residence, according to an Oct. 28 news release.
The initial investigation showed the man was shot outside the residence and the shooter fled on foot. The injured person was taken to CGH Medical Center for treatment of a non-life threatening injury, police said.
Parker was taken into custody Nov. 2 in the 1600 block of Riverdale Road, Rock Falls, after a 10-hour police standoff over two days that included him running into a timber near Sterling and sliding down the river bank and into the Rock River. Police said Whiteside County deputies later received an anonymous tip that Parker was hiding in a trailer at 1600 Riverdale Road.
Police set up a perimeter and negotiated for several hours with negative results. They then obtained a search warrant, contacted the Illinois State Police SWAT Team and secured the area until Illinois state troopers arrived. After negotiations with state police, Parker exited the trailer and was taken into custody.
Parker has been held in Whiteside County Jail since his arrest and has been moving toward a Jan. 14 trial date. At a Dec. 20 pretrial conference, Buckwalter and defense attorney Cristina Buskohl both told the judge they were ready for trial, according to court documents.
But during the jury pre-trial hearing Monday, Heuerman heard a motion filed by Buckwalter to continue the case because the Rock Falls Police Department needs more time to investigate. Buckwalter said she would be willing to allow Parker to be let out of jail on pretrial release if the judge continued the case.
Defense attorney James Mertes objected to the request, saying the motion was too ambiguous and the defense team needed more information about why Buckwalter was asking for the delay. He also said the request leads one to wonder about what deficiencies exist within the Rock Falls Police Department’s investigation.
He said his concern was that the delay could be because a crucial witness — whom he said is homeless — had not been located by investigators. Mertes also was concerned the state had not given that witness’ contact information to him.
Buckwalter confirmed the witness has not been located; the witness, she said, had given police his telephone number, but that number no longer works. Mertes said if the witness cannot be located, then the motion should be one in which the case is dismissed.
Mertes also said that if pretrial release were to be granted to Parker, he may wind up in jail anyway, since Mertes said Parker possibly was wanted on a warrant from Rock Island County and could be arrested by that agency after release from Whiteside County.
Heuerman asked Buckwalter whether she thought Parker could refuse being released from jail, which could be a problem since he is being detained under the Pretrial Fairness Act. Parker also demanded a speedy trial shortly after his arrest.
“He could put you in a real bind,” Heuerman said.
That discussion ended up being moot, since Heuerman decided the trial would start Jan. 14.
“I don’t see a realistic way that I can grant your motion,” Heuerman said of Buckwalter’s request to delay.
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