WABASH CO.–An infant’s death is currently under investigation in Mt. Carmel (Wabash County), but authorities are advising at this hour that they believe there’s no foul play involved, and that the situation may be a tragic crib death.

According to authorities, officers recieved a 911 call at approximately 7:43 a.m. this morning, (August 18), in reference to an 8-week-old child not breathing at 406 W. 4th Street in Mt. Carmel. Personnel that arrived on scene were local ambulance, fire and police.

The child was then transported to the Wabash General Emergency Room where he was pronounced deceased shortly thereafter. Authorities say the parents are Chad M. Covalt, 26, and Ashley N. Covalt; and the infant has been identified as Aiden Covalt.

There is currently an investigation into the death that is being conducted by the Wabash County Coroner’s Office, Mt. Carmel Police, detective sergeant Ryan Turner of the Mt. Carmel Police Department and members of the ISP Child Death Task Force.

The death of baby Covalt, police say, is unexplained, but foul play is not suspected. An autopsy has been scheduled to be conducted.

LAWRENCE CO.— Sources have indicated that evidence in a May 2013 murder case appears to have been lost in transit as it was making its way to the appellate court.

In December 2013, then-22-year-old Tyler McQueen was sentenced to 50 years in the Illinois Department of Corrections for what prosecutors say was his part in the March 2012 murder of Bob Westall, 78, at the United Methodist Village apartments in Lawrenceville.

During a hearing today (Tuesday, August 19) it was announced that a box containing evidence to be presented to the appellate court arrived at McQueen’s defense attorney Matt Vaughn’s office in Fairfield “demolished with a hole in it.”

Sources indicate the box was mailed from Lawrenceville.

Vaughn is said to have hand-delivered the “demolished” box to the appellate court and someone there described it as a “jumbled mess.”

“There were records and photographs missing,” said a source close to the case.

The box is said to have made its way back to Lawrence County Circuit Clerk Peggy Fredrick’s office where Fredrick inventoried what contents were left and compared it to her original packing list.

Sources indicate that numerous prosecution photographs were missing, as well as five defense photographs.

Vaughn is said to have had copies of the five defense photos missing, but there is some concern about the prosecution’s copies they came up with.

“Instead of individual photographs, as was presented as evidence during trial, the prosecution came up with copies of their missing photos but they are printed on sheets of four photographs each and some of those photographs weren’t presented at trial or entered into evidence,” the source said. “In essence the appellate court will be seeing photographs not used during trial.”

Fredrick is said to have inventoried the contents of the damaged box, replaced any missing portions of transcripts, packed the photographs the defense and prosecution had copies of and delivered the evidence to the appellate court this afternoon.

Sources indicate that Vaughn continues to believe the case may be overturned because he feels judge Robert Hopkins did not have legal authority to shut down closing arguments at the end of the trial when Vaughn started to mention McQueen’s co-defendant, and believed mastermind in the murder of her uncle, Helen Marie Westall.

Westall entered a guilty plea to one of two Murder for Hires charges in March 2014 and was sentenced to 30 years in the Illinois Department of Corrections.

It remains to be seen just how the box of evidence, demolished with a hole in it, will play out in McQueen’s appeal.

The lovely Ang has the microphone tonight for the evening of Tuesday, August 19, 2014, for your Nightly NewsCap in AUDIO.

Topics covered include: Lonnie Mann eludes authorities searching for him for several hours in Gallatin County before being captured this evening; missing women in southwestern Indiana prompt tension and concern in that area; Illinois State Police award four women from Salem who were the ones to find the body of Willow Long last September; and Tyler McQueen’s evidence for appellate court is battered and abused by the U.S. Postal system; and new vendors and advertisers coming, along with restocking of the August-September issue already underway!

Lonnie Mann

Darrell Delong

HAMILTON CO., Ill.—The man who was ‘ramping’ an area of Hamilton County known as “Thrill Hills” last year, and subsequently crashed his SUV, killing family members, is going to prison for an extensive length of time.

However, many in Hamilton County are telling us this morning that 20 years isn’t long enough for Darrell Delong, 49, whose family members were with him last November 23 when, while he was driving drunk, he crashed his vehicle and was the only survivor.

Killed in the crash on Anderson School Road in Hamilton County were Robert L. Parker, age 49, of Collinsville; Lori S. Parker, age 42, of Collinsville; Delong’s wife Tammy A. Delong, age 35, of Collinsville; and Diana N. Wright, age 23, of McLeansboro; 16-year-old Katelyn Fancher of Collinsville died not long after the crash.

Delong was allowed to enter a plea of guilty to one of five counts of Aggravated DUI Causing Death, this on June 16 of this year, and after he’d been held at the White County Jail in Carmi since the time of his arrest. In exchange for the plea, the rest of the charges were dismissed, including one count of Reckless Homicide.

Residents of Hamilton County familiar with Delong’s previous antics along these lines say they hoped Delong would be in prison longer, but that 20 years, as part of a plea negotiation, is at least enough to keep him off the roads between McLeansboro and Collinsville for awhile.

FLORA, Ill.—Social networking can really be a bane to certain people at times.

In the case of a Flora police officer, this morning, his name was all over the Facebookosphere, in particular, on a page of a local character who was apparently making things up…and causing quite a stir.

A post Dustin Harker made to his wall nailed one Officer Aaron Holman, Flora Police Department, with a DUI and arrest, and invoked our name in the process:

U know its pretty bad when a flora cop gets pulled over mr holeman cause he to drunk to drive by clay county cops and then calls he chief which is a football coach and gets out of it theres something for the disclosher paper hope u read this

Here’s a screencap of the actual post, and some of the responses:

Lots of public school grads, here….

Naturally, since our name came up in it, people began thronging our messaging and email about it…which prompted us to call both Clay County Sheriff’s Department and the Flora Police…because unlike Mr. Harker, we check things out before we post them.

Ang spoke with Sheriff Andy Myers, who had NO idea what we were talking about, as none of his deputies had effected an arrest of ANY Flora police officers, especially for DUI. Likewise, Flora Police Chief John Nicholson told Ang that there had been no arrest of Officer Holman (‘Holeman’) nor any other of his officers…but assured us that if there HAD been an arrest, there’d have been at the very least a press release, and best-case scenario, Nicholson would actually have called a press conference, like he has done in the past with issues involving his department and any high-profile cases they’ve worked.

Holman found the entire thing amusing:

The man has a good sense of humor, besides being one of Flora’s multitude of decent officers, a rarity in this day and age (regarding both the “sense of humor” comment as well as the “decent officer” comment.)

Of course, since there was no arrest of Officer Holman, there was no need for a press conference or a press release. So we opted to address all those people who contacted us about it by putting up this post, for clarification. Our advice to Mr. Harker: Find your entertainment elsewhere. You’re not very good at (pick one) grammar, sentence structure, the English language in general, social networking or calling out a cop…especially on something the cop DIDN’T do.

(P.S.: It’s D-I-S-C-L-O-S-U-R-E, Dustin. Good try at the phonetic spelling, however. I see remedial reading and spelling in your future.)

LAWRENCE CO. Ill.—A rash of vehicle break-ins and last night, a car theft, have been plaguing Bridgeport and St. Francisville residents.

According to authorities, the attempted break-ins and reported stolen vehicles in the area have happened over the past two days.

On August 19, police say Ashley Potts of Bridgeport heard her car alarm, which woke her up just a little after midnight. Potts called the Lawrence County Sheriff’s Department and two men were located in the area of Bridgeport and questioned. Robert E. Degrange, 17, of Evansville, Ind. and Darrin L. Nation, 19, of Sumner gave written confessions of tampering with the vehicle, being a white 2008 Chevrolet Utility. Nation and Degrange were charged with Burglary of a Motor Vehicle and Degrange was additionally charged with a count of Unlawful Possession of Cannabis.

Then, authorities say, this morning a call came in from St. Francisville at 7:09 a.m., from Brian Bradey who reported that his yellow and black 2011 Harley Davidson sportster was stolen from his 501 N. 13th St. address in St. F.

Sharon Nading of 10405 Bridgeport Rd., just south of Bridgeport, called the Lawrence County Sheriff’s Department at 5:42 this morning and reported that her black 2000 Ford pickup was stolen.

Both reportedly stolen vehicles are under current investigation by the Lawrence County Sheriff’s Department.

Lyndi returns for another evening of recapping the day’s news events, for the evening of Wednesday, August 20, 2014, and the Nightly NewsCap!

Topics covered include: Darrell Delong sentenced this morning in Hamilton County DUI case that lead to the deaths of family members; Southern Illinois University-Carbondale roof fire caused a stir this afternoon; rash of vehicle break-ins plaguing Lawrence County, along with a car theft; and a big meth bust in Eldorado nets Joseph S. Robertson.

EFFINGHAM, Ill.—Illinois State Police District 12, along with the Illinois Liquor Commission, conducted Alcohol Compliance Check at various establishments during the evening hours of Wednesday, August 20, 2014, in Jasper and Richland Counties.

The purpose of an Alcohol Compliance Check is to determine which businesses may be selling alcoholic beverages to minors (persons under 21 years of age).

A total of 13 locations were surveyed in Jasper and Richland Counties. Of those 13 businesses, four establishments were involved in the sale of an alcoholic beverage to a minor.

              Business                                        Offending Employee

RK Party Supply in Olney                        David E. Jackson

El Rancherito in Olney                          Cassandra L. Diaz

              Pizza Hut #2732 in Olney                        Christopher M. Stanford

Hi Benders in Saint Marie                      Melissa A. Jenkins

The offending employees were arrested for Unlawful Delivery of Alcoholic Liquor to a Minor, a Class A misdemeanor, and were subsequently released on a notice to appear in court. The public is reminded that all defendants are presumed innocent unless proven guilty in a court of law.

The Illinois State Police commends establishments which do not sell alcohol to minors.

GIBSON CO., Ind.—Traffic is tied up at this hour in both lanes on Indiana State Route 64, between Duke Energy power plant and the Owensville turn-off after a five-car wreck there.

According to those in the area, the pile-up doesn’t look to involve any fatalities, but there have been two ambulances dispatched to the scene, and there may be some significant injuries involved.

One person was observed sitting at the side of the road, having exited a crumpled up vehicle.

The accident occurred about 5 p.m. at the wooded area just before the woods give way to fields, right before 64 curves back to the west, where the Owensville turn is located.

Traffic is backed up for a considerable distance in both directions, according to those who are stuck in it trying to get home from work.

When we learn more, we’ll post it; if you’re traveling in the area, use caution and expect delays.

The wreck occurred on 64 before the road curves back to the west.

RICHLAND CO., Ill.—Looks like we might want to start picking up the “little crims” thing we were doing a few years ago when it came to underage drinking parties.

There was a lot of that going around in about 2008-09. There were some deaths attributed to underage drinking in the couple of years prior, which is why we started giving such coverage. It enraged the little punks (many of whom have gone on to bigger and better things…you know, like lengthy DOC stints…) but it made a point: Just because the law “says” you’re an “adult” at age 18 doesn’t mean you can conduct yourselves in any manner you so choose.

Anyway, there’s been a press release issued by the Richland County Sheriff’s Department about said partying; here it is.

The Richland County Sheriff’s Office has received information that a large party where alcohol will be consumed is planned for Saturday evening in rural Richland County. The promoters of the party have indicated that only those over eighteen years (18) of age will be allowed access into the party and only those over twenty-one (21) will be served the alcohol that will be provided. There is reportedly a cover charge to gain access to the party; however, it appears to be in an open field, which could allow access through areas other than the entry point. From reviewing photographs of a recent party held in Jasper County hosted by some of the same individuals, the photographs revealed the presence of those that were under the age of eighteen (18) and some of the photographs were suggestive that those under twenty-one years of age were consuming alcohol. The parties are being described as “Rave” parties and/or “Glow” parties. From all accounts the parties appear to be promoting and attracting predominantly younger crowds. The promoters of the party do not have the appropriate local liquor license to provide alcohol and could face civil penalties as prescribed by law. The Richland County Sheriff’s Office is announcing that there will be increased patrol as well as a series of roadside safety checks along County and Township roads in rural Richland County on Saturday, August 23, 2014 and Sunday, August 24, 2014. The goal of the Richland County Sheriff’s Office is to keep the public safe especially upon the roadways of Richland County. We ask that each of you discuss with your children the dangers of consuming alcohol in excess. We would also ask that you discuss the dangers of consuming alcohol, which has been provided by another in open containers especially from an unknown source. Furthermore, please discuss the dangers and consequences to them regarding the arrest and convictions of Illegal Consumption of Alcohol and Driving Under the Influence of Alcohol. Please encourage our youth to make responsible and safe choices.

Remember…this is not an invitation. This is serious, and we’re all going to have to keep an eye out for our young people…since they’re apparently incapable of doing it themselves.

Here’s our Lyndi, recovering from running the Livestream boards from our trip to Ferguson (we got back VERY early this morning), to bring you the Nightly NewsCap for the evening of Friday, August 22, 2014 (also yesterday’s, since we had none last night over Ferguson coverage).

Topics covered include: Body found in the area of the White River in Hazleton; Lisa Madigan puts in an appearance in Marion; Indiana State Route 64 wreck ties up traffic; Jess Risley wrecks on Marion square; ‘suspicious death’ at a residence on Illinois Route 1 in Crawford County yesterday; David Cravens charged in Crawford with sex offense; and Dale Fowler has been installed as new mayor of Harrisburg.

WABASH CO.— Police officials have informed Disclosure early this morning (Sunday, August 24) that a naked Mt. Carmel man has been taken into custody after he refused to leave the local hospital.

Authorities were called to the Wabash General Hospital, located at 1418 College Dr., Mt. Carmel on a report of a subject knocking on windows and refusing to leave the property.

When police officers arrived they found Roger K. Burns, 59, naked and still knocking on hospital windows.

When authorities asked Burns why he was naked he said it was because his clothes were muddy.

When Burns shows officers where he had stashed his clothes nearby, officers found narcotics.

The naked Mr. Burns was taken into custody and charged with Criminal Trespass to State Supported Property and Possession of a Controlled Substance.

Burns was transported to the county jail where he was showered, and clothed in jail togs.

Burns is a convicted drug felon from 2005.

He was convicted March 14, 2006 of two counts of Unlawful Possession of a Controlled Substance and one count of Unlawful Possession of a Controlled Substance with Intent to Deliver and sentenced to three years in the Illinois Department of Corrections and ordered to pay $1,585 in fines and fees.

Bond has not yet been set in the case.

WABASH CO.— On Friday (August 22) the Mt. Carmel Police Department, assisted by the Wabash County Sheriff’s Office, executed a felony drug warrant at a residence located at 1901 North Cherry St., Mt. Carmel.

Taken into custody was Zackery S. Wagner, 27, of Mt. Carmel.

Wagner was wanted on a Wabash County warrant for allegedly selling prescription pills to a confidential source in the spring of 2014.

According to Detective Sergeant Ryan Trner,  Wagner was selling prescription pills from Swifty’s gas station, at 330 North Walnut St., Mt. Carmel, where he was working.

Wagner was taken into custody without incident and transported to the Wabash County Jail.

The warrant was prepared by the Wabash County State’s Attorney’s Office and signed by Judge Thomas Tedeschi.

Wagner is currently being held in the Wabash County jail on $1,500 cash bond.

One of our lead articles in the August-September issue of Disclosure has a familiar face on the front page…and the timing of what’s going on tomorrow in Mt. Vernon, Illinois, is eerie.

Jessica Evans

It was two years ago tomorrow—August 26, 2012—that Kristina Suprenant, mother of Jessica M. Evans, age 17, notified authorities that her daughter hadn’t reported to her sister for babysitting duties very early that morning. Authorities were advised that Evans had gone on an overnight camping/fishing trip with Jacob C. Wheeler, 22, in the Centerville area of White County, not far from the home where Wheeler had grown up.

Jacob Wheeler

What ensued was a massive manhunt by individuals and authorities that, over the course of the next several days, turned up the body of Evans and, ultimately, that of Wheeler, who was a military man and of whom many were suspicious in Evans’ death until his body was found the following Friday, Aug. 31.

But Wheeler’s body wasn’t found until one Danny K. Coston, then 36, was questioned by authorities after pieces of his distinctive truck were found in the area of the riverbend where Evans’ body was discovered. Coston admitted in a taped interview that he had killed the two young people. And the rest is what we are all painfully familiar with: A year-long ordeal of hearings, speculation and incrimination, which culminated in September 2013 with a sentencing of 53 years in DOC after a stipulated bench trial in August of that same year.

Now, there’s something Coston is trying to change about all of it, including the sentencing that his attorneys agreed to.

That is what will kick off tomorrow afternoon in the appeals court in Mt. Vernon, which we will cover here and in print.

In the meantime, here’s the Read the Lead for the front-page article about the appeal, Double-murderer has court setting for appellate argument.

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Danny K. Coston, in his most recent DOC mugshot

WHITE CO.—Two years to the day when missing persons reports were being filed for Jessica M. Evans and Jacob C. Wheeler, the man convicted of their murder is scheduled to appear in appeals court, seeking to have his case reconsidered.

Danny K. Coston, 38, who has been in the custody of Illinois Department of Corrections for the past year since his sentencing September 19, 2013, is on the docket for the appeals court case August 26. He may or may not appear in Mt. Vernon at Illinois Fifth Appellate District court, but his attorney on the case, John Rogers of Rosenblum Schwartz Rogers and Glass of St. Louis, will be there to tend to the matter.

What exactly Coston wants has yet to be determined.

However, the appeal has been on file since the day after sentencing last year, and regular entries on the Appellate Court’s docket show that Rogers has been working the case through the system since that time.

Coston was found guilty in a stipulated bench trial August 19, 2013, of one count of First Degree Murder in Evans’ deaths, a count of Second Degree Murder in Wheeler’s death, and a count of Criminal Sexual Assault in the rape of Evans prior…

~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~

To read the rest of the article, click the headline link above the excerpt if you have an online membership to the e-Edition, and it’ll take you right to it. If you don’t have a membership, click this link to get started; it’s easy, inexpensive, and gets you ALL the e-Editions dating back to July 2012 for a limited time, as we’re working on archiving right now. Or, if you prefer to hold a paper in your hands, head on out to one of our many vendors, including, in White County, Carmi locations of Rock Bottom, Pundrake BP and East Side Package; in Norris City, Mimmo’s Pizza; in Enfield, One-Stop; and in Grayville, Shell Mart at the interstate and Grayville Liquor Barn!

WAYNE CO.— A pair of individuals were transported to an area hospital following a truck tractor crash today (Monday, August 25).

According to the Illinois State Police, a tractor trailer, driven by 48-year-old Lisa Gail Franklin, of Evansville, was traveling westbound on Interstate 64, near mile marker 93 when, according to the driver, a deer entered her lane of travel.

Franklin said she steered to the right in order to avoid striking the deer when she lost control of the rig, went off the road on the right side and rolled it onto its side.

Lisa Franklin and passenger, 53-year-old Claimale D. Franklin, of Chicago, were both transported to a Mt. Vernon hospital.

The vehicle was towed from the scene by Rick’s Towing of Fairfield/Mt. Vernon.

ISP was assisted at the traffic scene by the Wayne County Fire Department and Ambulance Service.

No charges were issued at the scene.

The crash remains under investigation.

It’s the Monday version of the Nightly NewsCap, and Lyndi’s rounding up the headlines from a VERY busy past few days (August 22-25) for your post-weekend/evening ‘cap in AUDIO.

Topics covered include: Post-Ferguson coverage in MAJOR independent news outlets include Jack and Chris (plus see links below); naked man in hospital takes Mt. Carmel peeps off-guard; former Carbondale police chief Jody O’Guinn tries to say he doesn’t know why he was fired; Zackery S. Wagner busted in Wabash County; Flat Rock burglary arrest follows discovery of a deceased elderly man in the same home that was burglarized; Samantha J. Plumlee and Heather L. Richey sentenced in federal court on meth conspiracy; and Danny Coston’s attorney will argue in an appeals court hearing tomorrow.

LINKS from Ferguson:
Jack cam vids
Ferguson protesters are peaceful
LIVE from Ferguson
Eric Holder in Ferguson the day Disclosure was there
General Gregory Mason

RICHLAND CO.–The Richland County Sheriff’s Department is currently on scene at the Clay and Richland County line due to a serious wreck that has occurred this morning Aug. 26. Dispatch told Disclosure that Highway 50 will be closed for a few hours.

Keep checking back as Disclosure staff is arriving on scene and will have more information as it becomes available.

MT. CARMEL, Ill.—The following subjects were arrested by the Mt. Carmel Police, in this report provided by MCPD’s Ryan Turner.

On August 22, 2014, Coleton E.D. Seibert, age 20, of West Salem was arrested for possession of drug paraphernalia after he was found passed out in front of The Corner Clothing Store in Mt. Carmel. When officers went to check on Seibert they found a metal smoking device that is commonly used to smoke illegal drugs. Seibert was transported to the Wabash County Jail and later released after posting bond.

Also on August 22, 2014, Keith L. Collins II, age 19, of Collierville, Tennessee was arrested for illegal consumption of alcohol by a minor. Collins was a passenger in a Nissan Pathfinder that was stopped by Mt. Carmel Police. Collins was arrested and transported to the Wabash County Jail where he was processed and released.

On August 23, 2014, Evan G. Wissel, age 21, of Mt. Carmel was arrested and charged with DUI. Mt. Carmel Police arrested Wissel and transported him to the Wabash County Jail where he was held pending the posting of bond.

Also on August 23, 2014, Brandon W. Edwards, age 32, of Mt. Carmel was for domestic battery after he is accused of striking a family member in the 100 block of E. 2nd Street. Edwards was arrested and transported to the Wabash County Jail pending the posting of bond.

On August 24, 2014, Michael D. Turner, age 34, of Grenada, Mississippi was arrested for DUI after he was observed speeding in the 2100 block of Cherry Street. Turner was cited for 69 mph in a 50 mph zone and DUI. Turner was transported to the Wabash County Jail where he was released after posting bond.

On August 25, 2014, Randall G. Legg, age 40, of Cisne was arrested and charged with obstruction of justice, failure to wear a seat belt, driving while suspended, and operating an uninsured motor vehicle. Legg was stopped by Mt. Carmel Police for not wearing a seat belt. Legg told the officer he was Timothy D. Legg. The Officer reported that Randall was unsure about his information and after further investigation it was discovered that he was Randall G. Legg. Randall Legg is suspended out of the State of Illinois. Legg was transported to the Wabash County Jail and held pending the posting of bond.

Also on August 25, 2014, the Mt. Carmel Police received a report of an intoxicated male subject driving from Indiana into Illinois.  The caller stated there was a minor passenger in the vehicle. Mt. Carmel Police initiated a vehicle stop and found the driver to be Lance Z. Marley, age 24, of Wheatland, Indiana. The reporting officer detected an odor of an alcoholic beverage coming from his person. It is reported that Marley failed field sobriety testing. The vehicle was occupied by an 8 month old child and its mother.  Marley was arrested and charged with DUI and endangering the life of a child. Marley was transported to the Wabash County Jail where he was held pending the posting of bond.

OLNEY, Ill.–At last night’s Olney city council meeting (Monday, August 25, 2014) the council had on the agenda to come out of executive session and vote on a development agreement with a company for 18 acres of land.

Photo from: www.10tv.com

A council member has told Disclosure what that was: it’s an agreement with a company that will be applying for and wanting to build a medical marijuana facility in Olney next to the Walmart DC. The vote was basically to allow a plant to come to town (if the state approved the application).

However, the council decided that it would not be a good idea if they voted on the agreement, with it being a “hot button” issue and that it was 9:30 p.m. and everyone had already left. The council wanted the process to be as open as possible so no one can say they voted on it without citizens knowing.

So instead of voting on it, they suspended the meeting and will restart it at 4 p.m. on Wednesday (tomorrow, August 27, 2014). This allows them to time to let the public know that they will be voting on an agreement to allow a company to build a medical marijuana plant in Olney on Wednesday at 4pm.

So here’s your notice. And while you’re at it, be sure you hit the coverage of the “hot button” topic that arose last month, as covered in the current issue on stands now (August-September 2014). You’ll want to read it, as it’s the MOST THOROUGH coverage of this subject as it applies to the City of Olney and its citizens…and then you can follow along on the developments fully informed. You can read the article at this link, or pick up a copy of the issue on stands in Olney at MotoMart and Marilyn’s Liquor Cabinet. DON’T MISS IT…This is a big deal for Olney…!

Shallow arguments made by defense;

MANY questions still remain

WHITE CO.— On the second anniversary of the White County double-murder of 17-year-old Jessica M. Evans and 22-year-old Jacob C. Wheeler, appellate justices heard arguments today to reconsider the 2013 conviction against Danny K. Coston, who was ultimately sentenced to 53 years in the Illinois Department of Corrections.

Missouri law instructor Gil Sison’s argument for the defense centered around Coston’s videotaped confession that was used during his stipulated bench trial after a motion to suppress the confession was denied by judge Tom Foster.

Gil Sison said the case should be reconsidered for two reasons: the first, that Coston was not clear if he was actually in custody at the time of his questioning; and the second focused on the timing and way in which he was read his Miranda Rights.

The confession

In his confession, Coston told authorities that he encountered the two young people after traveling to the Little Wabash River in the overnight hours of Aug. 25/26, 2013, when he was intoxicated after spending the evening at the American Legion in New Haven with friends.

Danny K. Coston

Claiming he was only out trying to find a place to put his boat in the water for an upcoming Labor Day weekend outing with his kids, Coston admitted to shooting Wheeler after the young soldier had given Coston a ride away from the camping area, then to taking Evans back to the riverside location, where he sexually assaulted her, then shot her in the head.

Coston then told authorities he attempted to obscure Evans’ body in Wheeler’s truck, riverside, and took Wheeler’s body up to south Wayne County in the Pond Creek area, and made a shoddy attempt at burying the young man’s corpse in a remote location there.

In custody or not

In the days following, authorities recovered automobile pieces in the area where Evans’ body was discovered.

When police went to speak with Coston, they found his pickup truck had been missing the same pieces that had been recovered during their search for and ultimate recovery of Evans.

Coston was asked to come to the sheriff’s department to answer some questions and willingly got into the front of the police cruiser, because his truck would be processed for evidence, and taken to the sheriff’s department.

Sison argued that Coston was unclear if he were in custody or not and may have felt as if he were because he was transported to the sheriff’s department in a squad car.

However, Kelly Stacey, arguing for the state, pointed out that Coston was “asked”—not ordered—if he would be willing to answer questions…and he agreed.

“The defendant was placed in the front of the car,” Stacey said. “He was never in restraints.”

In fact Illinois State Police Investigator Rick White told Coston he was not under arrest and that authorities simply had some questions for him.

In fact, prior to questioning beginning and on video, Coston was read his Miranda Rights, said he understood them, and signed a waiver to speak to police.

But Sison hammered the point that Coston still wasn’t clear about being in custody or not.

“Well, you are at a cop shop being questioned about a murder,” White told Coston. “You’re kind of in custody.”

Miranda Rights

Sison argued that there were three separate interviews in approximately a nine-hour period and that Miranda Rights were only read during the first when Coston was only “kind of in custody” and not prior to the second or final interview.

Stacey countered by pointing out that prior to the second and third interviews, Coston was reminded of previously signing the Miranda waiver and asked if he had any questions, still wanted to talk and still wanted to waive his rights.

He not only answered in the affirmative but said, “I just confessed to killing those two people,” indicating he had already confessed to the slayings and was willing to be questioned about the details of that confession.

Sison goes a bit off track

Still Sison argued that investigators should be more clear when it comes to making sure a suspect knows if they are in custody and what their rights are.

“When I have someone to my office for questioning I make sure they know they are free to go at any time and do not have to answer any questions,” Sison said. “I would also like to point out that when a plea agreement is presented to the court, the presiding judge asks the defendant if they are willingly entering into the agreement, understand they are giving up their rights to a trial, asks if they have been coerced to enter into the agreement and the like.

“The court is very careful to make sure the defendant understands what his rights are and what is happening. I would think a suspect should be treated with as much care.”

What exactly Sison’s practices in his office have to do with the Coston case is unclear.

Further to that, the appellate court seems an odd venue to lobby the state judiciary to enact stricter procedures for police officers.

The justices took both side’s arguments under advisement and informed those present that they would be announcing their decision in the near future.

White County authorities

On hand for the appeal arguments today were White county State’s Attorney Denton Aud, White County Sheriff Doug Maier and Circuit Clerk Kelly Fulkerson.

When asked, after hearing arguments, if in retrospect he would have prosecuted the case any differently, Aud said he had complete confidence the decisions made by all those involved in the case and said he believed the conviction would stand.

“Nothing is ever perfect and hindsight always gives you a look at something you may want to handle differently should a certain scenario play out,” Maier said after being asked if he would do anything differently. “But everybody acted professionally and within the boundary of the law and used well-established and time-honored procedures in investigating. I believe we did a good job in gathering the evidence the state used to charge Mr. Coston.”

A source close to the justices said it could take from 60-90 days for a decision to be made public.

Questions remain

Still, there remains the belief by some that Coston could very well have taken the rap for his then-pregnant girlfriend Candace Brown, who some believe either helped Coston murder Evans and Wheeler, help cover it up or even killed them herself, or for another friend or associate who might have been with him that night, as even the established events are difficult to believe that a drunken man could single-handedly have accomplished what Coston said he did.

“I just hope the justice’s decision brings closer for the family,” Aud said as he stepped into the elevator.

That closure may be father away than many believe IF Coston took the fall for Brown or another person.