MOUNT VERNON –– An accused sexual predator will remain in the custody of Department of Human Services (DHS) after an Illinois appellate court found he is still "not not-guilty."
On June 29, the Fifth District Appellate Court upheld the lower court's ruling against Jonathan Yon, who is accused of predatory criminal sexual assault and aggravated criminal sexual abuse perpetrated against a minor.
At an earlier discharge hearing, St. Clair County Circuit Judge Robert Haida found Yon was unfit to stand trial. A discharge hearing can either acquit the defendant or find him "not not-guilty."
"The court's decision that the defendant is 'not not-guilty' is only proper if the court determines that the defendant was guilty beyond a reasonable doubt," Justice Melissa Chapman wrote in the order.
According to the order, the victim testified during hearing and prosecutors submitted a video of an interview between a forensic interview expert and the victim into evidence. The victim’s testimony lined up with her interview with the expert. Yon's counsel brought one witness, his mother, who later said Yon and the victim were living in the same home during the time in question.
Yon was ultimately found not not-guilty and sentenced to two years in the custody of Department of Human Services (DHS). Yon will then have another hearing to determine if he is fit to stand trial.
Justices John Barberis and Richard Goldenhersh concurred in the judgment.
The appellate court also granted a request by the Office of the State Appellate Defenders to withdraw as Yon's appointed counsel.