Date range: October 25-October 31, 2016. Visit the “Court News” category under the “Community News” tab for other editions.
LAWSUITS
Acting as his own attorney, Charles B. McMillen, an inmate currently serving time at the Taylorville Correctional Facility after pleading guilty to aggravated driving under the influence of alcohol, is suing James Hamilton, owner of M.J.’s Bar and Grill, Shipman, for monetary damages of 75,000 for injuries he allegedly sustained in the Sept. 13, 2015, traffic accident that led to his conviction, According to the suit, McMillen claims he was at Hamilton’s bar on the night of the crash to drink and socialize. After three or four hours of drinking, he claims Hamilton gave him the keys to Hamilton’s 2000 Saturn sedan about 11 p.m. to drive himself home. Shortly after leaving the bar, the vehicle McMillen was driving left the roadway on Fosterburg Road and overturned several times. According to the suit, McMillen was taken first to Alton Memorial Hospital, then transferred to Barnes-Jewish Hospital in St. Louis, Mo., where he was diagnosed and treated for a severe concussion. Several weeks later, on Dec. 16, 2015, McMillen says he was arrested for aggravated driving under the influence of alcohol. He later entered a guilty plea on two counts of aggravated DUI and was sentenced to three years in the Taylorville Correctional Facility. He claims he continues to suffer headaches and back pain as a result of the accident, and he seeks a monetary judgment for both actual and punitive damages. The suit was filed Oct. 12 and two days later a Macoupin County Circuit Judge allowed McMillen’s petition to sue as a poor person, which essentially waived fees associated with filing the suit and serving a summons on the defendant. The judge, however, denied McMillen’s request for a court appointed attorney because the case is a civil matter and not a criminal prosecution. He was referred to the Illinois State Bar Association to find an attorney willing to take the case on a contingency basis. Meanwhile, the case is set for a review on Dec. 1.
The mother of a two-year-old girl who died two years ago is suing Litchfield Family Practice Center and Dr. Timothy L. Ishmael for damages in excess of $50,000, alleging wrongful death and medical malpractice. The suit, filed by Heather Ondes, Staunton, as special administrator of her daughter’s estate, claims negligence on the part of the defendants led to Natalea Ondes’ death on Oct. 22, 2014. According to the suit, Ondes presented to Dr. Ishmael at Litchfield Family Practice Center on Oct. 21, 2014, with symptoms of a viral upper respiratory infection “most consistent with early hand, foot and mouth disease.” The suit claims Dr. Ishmael and staff members performed a rapid strep test but did no further testing of the child. A day later, Heather Ondes called Litchfield Family Practice Center with further concerns about her daughter’s condition but was given no further instructions, according to the suit. The child died later Oct. 22, 2014, at Staunton Community Memorial Hospital, where she was diagnosed with streptococcus pneumonia meningitis and sepsis before her death, according to the suit. The suit claims the defendants were negligent in failing to perform a complete and thorough physical examination of the child on Oct. 21 and Oct. 22; failing to order appropriate observation, hospitalization, lab tests and/or radiological studies that would have led to a correct diagnosis; failing to diagnose and prescribe antibiotics to treat the child’s streptococcus pneumonia meningitis; and failing to make proper referrals or provide proper instruction to Heather Ondes for further work up and care for Natalea Ondes. The suit, filed by St. Louis attorney John S. Wallach demands a jury trial.
American Express Centurion Bank is suing Janice J. Evans, Staunton, for $20,850.15, plus court costs, allegedly owed on a defaulted credit card account.
Veda Moore has filed a forcible entry and detainer complaint against Alan Fields, Palmyra, seeking $1,300 in alleged back rent, plus court costs and possession of residential premises located in the 300 block of Arch Street in Palmyra.
SMALL CLAIMS
Gina Bellm, Carlinville, is suing Seth Eichart, Carlinville, seeking a judgment of $700 for two months in alleged back rent, plus court costs.
Portfolio Recovery Associates, LLC, is suing Sandra Rongey and Debra L. Zimmerman, both of Staunton, for $4,229.19, plus court costs, allegedly on own a defaulted credit card account issued by Synchrony Bank.
Gina Bellm, Carlinville, is suing Eric Moffit, Modesto, for $800 in alleged back rent, along with court costs.
Barclays Bank Delaware is suing Randy L. Gibson, Brighton, for $2,895.48, plus court costs, allegedly owed on a defaulted credit card account.
Bank of America is suing Brian K. Venrick, Virden, for $9,814.39, plus court costs, allegedly owed on a defaulted credit card account.
FELONIES
David O. Johnson, 29, St. Louis, Mo., is charged with unlawful use of weapons in connection with an Oct. 23 incident on Interstate 55 near mile marker 47 during which he allegedly possessed a 9mm Smith and Wesson handgun while committing a misdemeanor offense of the Cannabis Control Act. Johnson also was issued a traffic citation for following too closely.
Martha E. Roth, 22, St. Louis, Mo., is charged with possession of a controlled substance in connection with a June 26 incident during which she allegedly was in possession of less than 15 grams of a substance containing alprazolam.
Brandy L. King, 40, Chesterfield, is charged with possession of less than five grams of methamphetamine in connection with a Sept. 24 incident in Carlinville.
MISDEMEANORS
Quentin A. Drew, 38, Girard, is charged with violating a court order of protection in connection with an Oct. 22 incident during which he allegedly contacted a female subject to an order of protection against him with a text message that was not related to business management or child rearing.
William R. Werner, 20, Gillespie, is charged with unlawful consumption of alcohol by a person under the age of 21 in connection with an Oct. 22 incident on Illinois Route 16 at Swisher Road.
Morgan K. Welzbacher, 18, Panama, is charged with unlawful consumption of alcohol by a person under the age of 21 in connection with an Oct. 22 incident on Illinois Route 16 at Swisher Road.
Dakota S. Bone, 25, Carlinville, is charged with violating a court order of protection in connection with an Oct. 27 incident during which he allegedly sent multiple emails to a Carlinville female who was subject to an order of protection against him.
TRAFFIC
Henry L. Hammock, 35, Wilsonville, is charged with driving under the influence of alcohol in connection with an Oct. 27 incident on Illinois Route 138 at Illinois Route 159 near Bunker Hill. In addition, Hammock faces traffic charges for alleged driving on a suspended driver’s license, operation of an uninsured motor vehicle and illegal transportation of alcohol by a driver.
DISSOLUTIONS OF MARRIAGE FILED
- Theodore Berg, Jr., Staunton, vs. Kristy Berg, Staunton.
- Angela Gambino, St. Louis, Mo., vs. Charles T. Caraker, Jr., Bunker Hill.
- Dixie Rose Campbell, Standard City, vs. Karl Eugene Campbell, Taylorville.
- Kelly Knight, Carlinville, vs. Clinton N. Knight, Carlinville.
- Brett A. Clardy, Sr., Brighton, vs. Sandra K. Clardy, Brighton.
- John Mitchelar, Benld, vs. Kala K. Mitchelar, Benld.
- Chelsea A. Davis, Gillespie, vs. Matthew S. Davis, II, Lovington, New Mexico.
DISSOLUTIONS OF MARRIAGE GRANTED
- Theodore Berg, Jr., Staunton, vs. Kristy Berg, Staunton.
- Kelly Knight, Carlinville, vs. Clinton N. Knight, Carlinville.
- Brett A. Clardy, Sr., Brighton, vs. Sandra K. Clardy, Brighton.
MARRIAGE LICENSES
- David Lynn Eldridge and Sherry Rae Crook, both of Bunker Hill.
- Jason Richard Dudley of St. Louis, Mo., and Krystal Panacea Schmidt of Florissant, Mo.
- Dannyu G. Kline and Jennifer D. Turner, both of Plainvew.
- Dane E. Coy and Cynthia M. Chism, both of Hettick.
- Roger D. Stewart and Ruth Ann James, both of Virden.
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