Special prosecutor in DUI cases has dismissed tickets for persons connected to State’s Attorney

By Record News | Apr 24, 2019

EDWARDSVILLE – At least five times in three years, special prosecutor David Rands dismissed drunk driving tickets for persons with connections to Madison County State’s Attorney Tom Gibbons. 

In all five cases, Gibbons asked for a special prosecutor due to potential conflicts of interest on his part. 

Edwardsville police wrote all five tickets.    

On Aug. 4, 2014, police arrested Kerri Davis of Edwardsville in a 2013 Hyundai Elantra on North Main Street. 

The ticket showed she refused a breath test. 

Attorney Curtis Dawson of the Lucco Brown firm in Edwardsville entered an appearance on Aug. 6. 

He petitioned to rescind the summary suspension of her license. 

On Aug. 11, Gibbons moved for appointment of a special prosecutor. 

“The defendant involved in this case has been in a relationship with a current employee of the Madison County state’s attorney’s office,” he wrote. 

On that date, Associate Judge Clarence Harrison granted the motion and Rands entered his appearance. 

On Aug. 21, Associate Judge Elizabeth Levy rescinded the suspension. 

On Oct. 9, Rands moved to dismiss the ticket and Associate Judge Thomas Chapman dismissed it. 

On Dec. 8, 2014, police arrested financial consultant Bradley Joiner of Glen Carbon in a 2014 BMW on North Main Street.

The ticket showed blood alcohol content of .103. 

His son, attorney Bryce Joiner, entered an appearance and petitioned to rescind the suspension on Dec. 10. 

Gibbons moved for a special prosecutor on Dec. 19, writing that, “The state’s attorney’s office works with the defendant on a regular basis.” 

Associate Judge David Grounds granted the motion that day. 

He rescinded the suspension Dec. 30, finding Joiner received improper notice. 

“Secretary of State directed to remove this action from defendant’s driving record,” Grounds wrote. 

On July 15, 2015, Rands moved to dismiss the ticket and Grounds dismissed it. 

No sooner had Rands closed the case than he opened another. 

On July 17, 2015, police arrested Calvin Fuller of Edwardsville in a 2014 Jeep on Chapman Street. 

The officer marked a box for accident and wrote that Fuller refused a breath test.    

Gibbons moved for a special prosecutor on July 30, writing that Fuller was a current employee of the State’s Attorney’s office. 

Associate Judge Ralph Mendelsohn granted the motion, and Rands entered an appearance the next day. 

On Aug. 5, Dawson entered and petitioned to rescind the suspension. 

On March 30, 2016, Rands moved to dismiss the ticket and Associate Judge Luther Simmons dismissed it. 

On Dec. 16, 2015, police arrested Micah Summers of Glen Carbon in a Ford van on Illinois Route 157. 

The ticket showed he refused a breath test. 

Gibbons moved for a special prosecutor on Dec. 18, writing that Summers was a former assistant state’s attorney and spouse of a former assistant state’s attorney. 

Associate Judge Janet Heflin granted the motion, and Rands entered on Dec. 21. 

Dawson entered appearance on Jan. 4, and petitioned to rescind the suspension.  

On Jan. 19, Rands and Dawson stipulated to improper notice and Simmons rescinded the suspension.  

Rands moved to dismiss the ticket and Simmons dismissed it.  

The first of the five cases dragged on for more than two years. On Dec. 23, 2010, police arrested Thomas Nevins of Litchfield in a new Subaru on Coventry Place. 

The ticket showed he refused a breath test. 

On Dec. 27, Gibbons filed a vague motion for a special prosecutor. 

“Continued representation of the people in this cause by the state’s attorney poses a potential conflict of interest or the appearance of one,” Gibbons wrote. 

On Jan. 6, 2011, Dawson entered and petitioned to rescind the suspension. 

Associate Judge Ellar Duff granted the motion on Jan. 11, and Rands entered. 

Dawson continued the case until 2013, when Rands moved to dismiss it and Heflin dismissed it. 

Rands currently prosecutes a drunk driving ticket that Edwardsville police issued to former U.S. attorney Stephen Wigginton on Dec. 31. 

Associate Judge Jennifer Hightower rescinded his suspension in March, finding improper notice. 

She set a hearing on the ticket May 2.

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