Thompson to agree to stipulated bench trial in RI slaying
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By Dustin Lemmon | Friday, December 14, 2007 |
If approved by a Rock Island County judge, Jason J. Thompson will agree to a stipulated bench trial today that would find him guilty in the July 2006 murder of Michael M. Jones.
Thompson, 24, allegedly shot Jones at the Century Woods housing complex on Rock Island’s west side on 151/2 Avenue between 4th and 41/2 streets after an argument.
Jones’ mother and sister are upset with the Rock Island County State’s Attorney’s office for agreeing to the stipulated bench trial, which is much like a plea agreement, without the eligibility for an enhanced sentence. As part of the agreement Thompson would agree to the facts in the case, forgo an actual trial and face 20 to 60 years in prison when sentenced.
If the enhanced sentence were applied, Thompson would be eligible for 45 to 85 years because he used a gun in the murder, Assistant Rock Island County State’s Attorney Mark Senko said.
Senko said the state’s attorney’s office agreed to the stipulated bench trial without the enhanced sentence because it confused a jury in a separate murder trial in September.
In that case the jury was deliberating in the trial of Mikal Hall when they came back with a question about the enhanced sentence, which the state’s attorney’s office was seeking in that case, Senko said. The jury was confused so the state’s attorney’s office dropped the enhancement. The jury convicted Hall in the November 2005 murder of David Madden and he was later sentenced to 55 years in prison.
Leann Mesmer, Jones’ mother, said she would prefer to go to trial and risk a possible acquittal in exchange for Thompson, who has no criminal record, facing a minimum of 45 years in prison instead of 20.
“I was promised if I didn’t agree with a plea bargain they would go to trial,” Mesmer said, referring to a discussion with the state’s attorney’s office several months ago. “Now they’re dropping the gun charges.”
Mesmer said Senko met with her Wednesday to explain what the state’s attorney’s office decided. During a hearing Thursday, Senko told Judge Charles “Casey” Stengel that the family did not agree with the state’s attorney’s office and its decision.
The prosecution and Thompson’s defense attorney Mark Jackson were ready to agree to the stipulated bench trial Thursday, but Stengel gave the defense an extra day to research the case. The defense had two options on what kind of stipulated bench trial they’re agreeing to and Jackson needed time to review case law and make a decision. The decision will not impact the sentencing range.
Mesmer and Jones’ sister, Kathleen Jones, said they tried to contact State’s Attorney Jeff Terronez to question the decision, but were told he was out and could not be reached until next week. A spokesperson at the state’s attorney’s office said Terronez would not be available until Monday.
Mesmer said the prosecution has strong evidence against Thompson, including a letter Thompson wrote to her in which he allegedly apologized and asked for her forgiveness. Thompson did not know Mesmer or Jones.
“He didn’t even know my son’s name,” she said.
Mesmer said prosecutors tried to encourage her to approve the agreement and noted her son’s criminal history would come out at the trial.
“It is what it is,” she said. “He still didn’t deserve to be murdered.”
Jones thinks the state’s attorney’s office is agreeing to the stipulated bench trial to avoid the cost of a jury trial.
When the case comes back to Stengel for approval today, Mesmer hopes he rejects the agreement and orders a bench or jury trial.
Dustin Lemmon can be contacted at
(563) 383-2493 or dlemmon@qctimes.com.
Comment on this story at qctimes.com.
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