CountyJail.net

Find DeKalb County Jail inmates...

Pre-sentencing

Interview with Victor

JM: Tell us about the pre-sentencing process:
Victor: Before i was sentenced, The county was very, how do i say, F*#ked up. Initially I was charged with a crime i didn't commit by law. Armed Violence and 2 Aggravated Batteries. I committed an Ag Batt, but they gave me another, that was worded a certain way to give me an Armed violence which is "(720 ILCS 5/33A-2) (from Ch. 38, par. 33A-2) Sec. 33A-2. Armed violence-Elements of the offense. (a) A person commits armed violence when, while armed with a dangerous weapon, he commits any felony defined by Illinois Law, except first degree murder, attempted first degree murder, intentional homicide of an unborn child, second degree murder, involuntary manslaughter, reckless homicide, predatory criminal sexual assault of a child, aggravated battery of a child as described in Section 12-4.3 or subdivision (b)(1) of Section 12-3.05, home invasion, or any offense that makes the possession or use of a dangerous weapon either an element of the base offense, an aggravated or enhanced version of the offense, or a mandatory sentencing factor that increases the sentencing range." That didn't apply to me stabbing my daughters' grandfather, in my home after he attacked me while intoxicated. All i did was commit a Battery with a weapon, that's a felony in conclusion. They said i committed a felony, WHILE having a weapon concluding in an enhanced class X felony. Anyway, I sat in a box shaped area with little ventilation, Dust everywhere, NO window except a sun roof type deal that did nothing for my psyche. ABSOLUTELY ZERO OUTSIDE TIME FOR 13 MONTHS!!!!!!!! great food though, meals on wheels was nice. I sat with a terrible P.D. REGINA HARRIS! she did nothing for me, i spoke to her a total of 4 times in 13 months. T.v court sessions lead to no communication with the judge during a year of pointless continuances, on the rule of no discovery. B.S. The staff was wonderful, real down to earth country people, They get to know you as a person which allows respect, unlike Cook county where they beat you to a bloody pulp. I read the armed violence statue for the billionth time in the law library, during the "multi" purpose room time near the thirteenth month of being in Dekalb count. M.P. room was just a library with extra space and a T.v. you can control. After reading that statue for the last time and understanding i could not be charged with armed violence, when my initial charge was a felony BECAUSE of the weapon, I contacted ms Regina HArris 3 days before trial, and played a game with her. I asked her, when me begging to speak to her worked, "Do you know the Armed violence law"? she replied, "yes I am the head public defender." I then said, "OKay well, it states, '*stating law*'.." she cut me off saying "I know what it says" I continued. She then get irate, and began finishing my sentences. I then pause and say, "well if you know EXACTLY what is states, then WHY AM I STILL SITTING IN THIS JAIL WHEN "A person commits armed violence when, while armed with a dangerous weapon, he commits any felony defined by Illinois Law, EXPECT first degree murder... and this is the important part... or any offense that makes the possession or use of a dangerous weapon either... now listen... an element of the base offense, an aggravate... which is what I HAVE... or enhanced version of the offense.. Isn't stabbing a battery with a weapon? " She then Stood up with a very disturbed look on her face and said she had to go. The next day i had a random court date and she "finally got the states attorney" to give me the 4 years at 50% i asked for, instead of the 6 at 85% they were standing on for 13 months. Then i went to prison because if i would have taken it to trial i believe being in an all white county being black, i would have lost unjustly like how many other young blacks did in the same county right before my eyes. Regina would not have tried, like she didn't all that time.

JM: Did you have police stop by your house for questioning? If not please give us details on how you came to be arrested.
Victor: Yes, I got arrested at my home. After stabbing my daughters grandfather, i went outside, with my I.D. in hand to sit and wait for the authorities to arrive to help my daughters grandfather who was bleeding because of me. I knew I was going down so there was no need really to try to talk it out.

JM: What was court like? Please give as many details as you recall.
Victor: Court was terrible, very unfair talking to a judge through a web cam, in a room of 20 men, who they just rush through and give continuances for stupid reason. I think after maybe 6 months of continuances for lack of discovery, somebody could have found the damned thing. I really found that county's justice system to be biased to people of color specifically. seriously.

JM: What were your original charges? What did you end up being convicted of?
Victor: 2 aggravated batteries, and an armed violence. and I pleaded guilty to the Armed violence as a Class 2, how they dropped the class level, I have no idea.

Read about sentencing in the DeKalb County Jail