Day 1 Without Cash Bail: 27 Cases Heard, Including One Involving The Shooting Death Of A 10-Year-Old
September 18, 2023 at 10:31 pm Updated: September 19th, 2023 at 3:32 pm Kevin Haas
By Kevin Haas
Rock River Current
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ROCKFORD — Charges against a South Beloit man who police say left weapons unattended, leading to the death of a 10-year-old boy, were among the first that forced a judge to decide whether the defendant deserved to remain in jail while awaiting trial under the state’s new pretrial laws.
State’s Attorney J. Hanley argued that Jose Sandovaltenorio, a 30-year-old man who was charged with possession of weapons without a FOID card and child endangerment, should be held in jail before trial because he poses a potential danger to children and family members at home.
The defense countered that the fatal shooting was “an absolute tragedy,” but that there are no facts to suggest Sandovaltenorio would be a continued danger if released from jail given he has no criminal history, has lived in the area for more than a dozen years and is employed here.
The argument played out in a second-floor courtroom of the Winnebago County Criminal Justice Center on Monday during a closely watched first day under the Pretrial Fairness Act in Illinois.
Sandovaltenorio’s case was among 27 called on the first day of the new initial appearance court, which replaces bond court after Illinois became the first state in the nation to end cash bail. His was among the first five cases called on Monday, and the second where prosecutors petitioned the court for the defendant to be held before trial.
Hanley told Judge Scott Paccagnini that Sandovaltenorio had two pistols and ammunition under a board in his bedroom. He and his wife had left two children, ages 9 and 10, alone at home while they went out to a festival in Beloit.
There were several realistic toy guns near the real guns, and it was easy to remove the board, Hanley said.
Under the old system, the judge would have set a bond and Sandovltenorio would have been released if he could post that amount — likely a couple thousand to a few thousand dollars given the charges.
In the new system, he could only be detained if he’s considered a danger to the public or at risk of fleeing before trial.
Paccagnini ultimately decided that while the shooting was tragic, it did not meet the standards for Sandovltenorio to be held in jail. He was released with the condition that he possesses no weapons. He’s due back in court Oct. 17.
Tracking Day 1
While the Rock River Current typically does not focus on crime or court proceedings, we observed the first day of initial appearance court in order to provide an understanding and a glimpse of how the new law is taking hold.
There were nine cases where prosecutors sought to detain the defendant before trial, the majority of which stemmed from domestic violence charges. Two of those cases were continued for hearings Tuesday morning after the first-day court call continued from 1:30 p.m. into the six o’clock hour.
In five cases, the judge denied the state’s motion to detain the defendant in jail. Paccagnini granted two motions to jail the defendant before trial, and both cases centered around domestic violence with a high risk-assessment score from pretrial services.
In four other cases, prosecutors moved to revoke a previously posted bond and detain the defendant in jail. Those cases are slated to be heard Tuesday morning.
The majority of the other 14 cases were not detainable offenses under the new law, including driving under the influence charges and Class B and C misdemeanors and petty offenses.
Zimmerman, the public defender, had argued in court that it is unconstitutional for defendants to be held in jail on probational offenses, such as Class A misdemeanors. Paccagnini ruled against that motion, but it could be appealed in the coming weeks.
“While feeling some uneasiness about the first day of initial appearance court, it generally went as expected and without any real surprises,” Hanley said. “The constitutionality question raised by defendants — particularly those charged with Class A misdemeanor domestic cases — will be revolved via appeal in the upcoming weeks, but that could have a significant impact on our ability to detain those charged with misdemeanor domestic cases.”
The courtroom was also filled Monday with volunteer court watchers, including local clergy and members of the Illinois Network for Pretrial Justice.
That group rallied outside the courthouse on Monday before about 10 or so sat through portions or all of the first day of initial appearance court. They’ve argued that the new system restores the presumption of innocence and it’s more equitable because people won’t be held in jail simply because they can’t afford bail.
“We can do better than locking people up because they can’t pay their bills,” said the Rev. Matthew Johnson, senior minister of the Unitarian Universalist Church in Rockford. “The influence of money in our system has eaten away at our ideals. What we’re doing today is bringing us back to a sense of putting people’s humanity here in the system.”
State Rep. Maurice West, who supported the passage of the law in Springfield, said that critics will look to blame the end of cash bail on any public safety issues in the state.
“Remember that monumental change is often met with push back, both good and bad,” West said. “I ask that each of us utilize the power that we all possess to decipher between the two.”
This article is by Kevin Haas. Email him at khaas@rockrivercurrent.com or follow him on X at @KevinMHaas or Instagram @thekevinhaas and Threads @thekevinhaas
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