MOUNT VERNON - Madison County Associate Judge Ryan Jumper abused his discretion when he ordered release of criminal defendant Demontez Spruill, Fifth District appellate judges ruled on Feb. 2.
Appellate Justice John Barberis wrote, “Defendant is not only willing to illegally possess firearms but is equally willing to illegally use firearms.”
He wrote that the manifest weight of evidence supported a finding that a legislative presumption in favor of release until trial did not apply to Spruill.
“Defendant’s current charges and past criminal convictions demonstrate a dangerous willingness to ignore the law and previously ordered restrictions,” he wrote.
Justices Randy Moore and Mark Boie concurred.
On Nov. 11, Alton police responded to a report of reckless driving, located Spruill’s vehicle, and saw him sleeping at the wheel with the motor running.
They found a loaded handgun in a bag across his body.
Spruill had just finished parole on convictions for a drug offense, aggravated unlawful use of a weapon, and aggravated discharge of a firearm at an occupied vehicle.
On Nov. 13, State’s Attorney Tom Haine charged him with aggravated unlawful use of a weapon, an armed habitual criminal and a felon possessing a weapon - all felonies.
Haine filed a petition to deny release, claiming proof was evident and presumption great that Spruill committed a detainable offense and posed a real and present threat to safety.
At a hearing on Nov. 16, public defender Jack Daugherty said Spruill was cooperative and honest and allowed police to disarm him.
Daugherty said Spruill wasn’t supposed to carry a firearm but he belonged to a class of persons who believe they need a weapon because of the world they live in.
He said Spruill was once caught in crossfire which left him injured.
He added that Spruill would agree to any conditions of pretrial release.
Jumper stated he would rely on a presumption within the state’s bail reform law that everyone is eligible for pretrial release.
He told Spruill he was not allowed to possess a firearm and cautioned him that because of his history he would “keep getting picked up for these offenses” when interacting with police.
He signed an order finding the state failed to prove by clear and convincing evidence that Spruill posed a threat to the safety of a specific person or persons or the community.
He ordered Spruill to abide by all requirements and restrictions of prior convictions.
On appeal, Haine argued that not only did Spruill possess a firearm when prohibited from doing so, but he might use it.
Haine argued there was no indication in the record that Spruill learned his lesson and would stop carrying loaded firearms.
He argued that Daugherty effectively admitted Spruill would continue to carry a gun.
Barberis, Moore and Boie found conditions of release would likely not prevent Spruill from again possessing weapons or committing further crime.
Barberis added a footnote that subsequent to Spruill’s arrest in Alton, he committed a felony by damaging gravestones.
He wrote that the docket showed a warrant out for Spruill’s arrest.