The Honorable William McNeal opened session in Courtroom 108 of the Sterling, IL, branch of the Whiteside County Courthouse at 11:12 a.m., on Tuesday, July 30, 2013, with two defendants present. Like his older brother, Boy-12 was about to be charged with starting a Main Street fire on Monday, July 15, in Prophetstown, IL. It would take 11 minutes.
Boy-16, his Defense Attorney Mark Holldorf, and supportive adults had returned to court:
- the children’s father and his current wife, Mary, who have supervision of Boy-12
- paternal grandparents Greg and Tamara, who have supervision of Boy-16
- the mother of Boy-16, Laurie, and her mother, Sally
- Laurie’s boyfriend, Jeff
- a pastor.
Missing from the proceedings has been the mother of Boy-12, a resident of New York. She has not picked up her postal notice, and thus, has not been served a summons, reported the judge.
Bonnie Espey, Victim’s Advocate for Cindy Erics of Prophetstown, was in court again but did not speak. Erics owned Cindy Jean’s Restaurant and awakened to see flames in the alley behind her business/residence. She turned in the alarm.
Because investigative agencies are still evaluating the cases againt the youths, Judge McNeal stated that Prosecutor Carol Linkowski may file additional charges.
He leveled three criminal charges at the younger boy before him and cited the defendant’s rights. Charges against Boy-12 allege he
- is a delinquent minor who, on Monday, July 15, committed residential arson and knowingly damaged the residence of Cindy Erics.
- knowingly damaged the real property of Cindy Erics without the consent of Cindy Erics.
- committed criminal damage to property recklessly, by means of fire in a recycling bin, that damaged the property of Cindy Erics, causing damage that exceeded $100,000.
Because of his age, there are sentence limits. If found guilty, Boy-12 may be placed on probation for these charges. Incarceration through the Illinois Department of Juvenile Justice could include up to 30 days in a juvenile facility.
Boy-12 calmly looked at, and listened to, the judge, who asked if he understood. He did.
The younger boy has been under home supervision with his father and stepmother since his arraingment, Tuesday, July 16. The older boy has been under home detention, using electrical monitoring, with his paternal grandparents since his hearing Tuesday, July 23. Both are in Prophetstown.
The judge queried the Whiteside County Court Services representative about any violations of the terms of parole to date. “No problems, Judge. None at all,” he answered. Father and stepmother and paternal grandparents were asked the same. They had “no concerns about the boys.”
The proceedings were continued until Tuesday, August 20, at 11:00 a.m. Defense Attorney Colleen Buckwalter confirmed that date does not conflict with Boy-12’s [New York] school start date.
No such question was posed to Attorney Holdorff on behalf of Boy-16, whose home is in Wisconsin.