MOUNT VERNON - St. Clair County Associate Judge Sara Rice properly disqualified domestic battery suspect Ryan Alamia from pretrial release under Gov. J.B. Pritzker’s bail reform law, Fifth District appellate judges ruled on Nov. 30.
The appellate court affirmed Rice’s findings that Alamia posed a real and present threat to Angel Mitchell of Caseyville and that less restrictive conditions would not avoid the threat.
Caseyville police interviewed Mitchell at Anderson Hospital on Sept. 7.
Justice Judy Cates wrote, “Angel stated that she and the defendant got into a verbal altercation and then the defendant started punching her with a closed fist.”
She wrote that Mitchell thought he hit her four or five times, and she lost consciousness.
She wrote that Mitchell said she sustained two fractured ribs and a hole in her lung.
“Angel also reported that the defendant dragged her through the trailer by her hair, yanking a big chunk of hair from her head,” she wrote.
Cates wrote that Mitchell said Alamia just got out of prison and stayed with her.
On Sept. 15, state’s attorney James Gomric filed felony charges of aggravated domestic battery against a household member and subsequent domestic battery.
A judge issued a warrant and set bond at $50,000.
Police arrested Alamia and he appeared before Rice on Sept. 18, the effective date of the bail reform law.
Gomric petitioned for detention, claiming the bail law classified aggravated domestic battery as a detainable offense.
Rice heard argument the next day.
The county website identifies Zachary Luetkemeyer as Rice’s public defender but doesn’t identify the prosecutor.
The prosecutor stated Alamia was on parole for felony fleeing and eluding.
The prosecutor also stated Alamia had domestic battery convictions in St. Clair and Madison counties.
The prosecutor provided photographs showing where hair was torn from Mitchell’s head.
Luetkemeyer called Alamia’s sister Katie Hillyer, who testified she picked up Alamia and Mitchell in the middle of the night and took them to Moto Mart in Collinsville.
Hillyer said Mitchell was very dirty and had a large gash on her leg.
She said Mitchell told her she and Alamia ran through a field with high weeds and she fell several times.
She added that Mitchell didn’t indicate she was afraid of Alamia and didn’t say he beat her.
Luetkemeyer didn’t call Mitchell and instead made a proffer to supplement the testimo0ny.
He said Mitchell took over payments on a car after the owner moved.
He said a man came to repossess it and there was an altercation.
He added that Mitchell and Alamia thought that the man called police.
Luetkemeyer said Alamia was just released and feared arrest, so he and Mitchell took off running.
He said they ran through fields, and Hillyer picked them up.
He said text messages from Mitchell to Hillyer indicated Alamia didn’t beat Mitchell.
Rice ordered detention and Alamia, representing himself, appealed.
He claimed the state offered no proof that Mitchell sustained fractured ribs or great harm.
A state appellate defender reviewed the record and declined to submit a memorandum.
Fifth District judges found they would not reverse Rice’s findings that release would fail to protect persons and that Alamia had a high likelihood of willful flight.
Cates wrote, “The defendant was ordered detained as it was necessary to avoid the real and present threat or danger to any person, in particular, that being the alleged victim, Angel Mitchell, as noted in the criminal information filed in this matter.”