" OK, I have stayed quite long enough! This article may be "news" to the community but there is nothing here that I haven't heard since my first meetings with the detectives. Six weeks has now passed since the beating of my sister took place and nothing has changed since week one. My family and I have fought extremely hard to make sure there is no chance for that piece of crap to bail out and run. The increase to an "aggravated domestic battery" was only a small victory of a much larger battle. It allowed his bond to be revoked. However, the charges still to not match the crime(s)! How many times does someone have to get hit accross the head for them to call it attempted murder? How much potting and how many cover ups have to take place before they call it pre-meditated? So my sister had over a dozen contusions to her brain. If he hit her (one contusion) and she fell (two contusions), where did the other ten come from? What in the world would they call it if I were to do the same to another male that I didn't know? Domestic violence charges where created to expidite incarcerations, not convictions! Now then, Abernathy stated that "he thought he killed her" and was scared to call the authorities or immediately seek medical attention. Therefore, this is why approximately 3 hours elapsed before he took Gina to the hospital. Now, isn't this another crime in itself? And what about the arson charge(s). Still under investigation? Someone better be charged for each time the house burnt. And when it is know that Jason started the fire(s) each sentence should be served consecutively. Otherwise, what kind of message are we sending society? I'll tell you, "If you are going to try and commit murder, then why not rob a bank and hyjack a plane while you are at it." Chance are you will only do time for one of the crimes. I am so tired of hearing about Abernathy's police record and how it effects the current case. This man has never paid his previous debts to society in full due to concurrent sentencing. And everything I read and hear leads me to believe the'll try to roll this one into the same type of package. Everyone in town should remember what is written on the back of road signs throught the southeast. If you are unaware they read "If you want to get away with murder, go to Coles County". This has been known for decades I would think it's about time to change this opinion. And Coles County, here is your chance! In an attempt to comfort me and my family I have been told by local offices "not to worry, it's an election year". Now here is my advice to those same offices. "You better be worried people because it's an election year!" And some advice for the rest of the community. "Get out and vote!!!!!!!!" Now that I have gotten a few of these things off my chest I would like to thank the entire community for their thoughts and prayers. Your kindness has provided much comfort for my family. I just wish the judicial system would provide as much comfort. Not just for myself or my family but for society as a whole. "

" AMEM Brother! Thank God it's an election year and hopefully this time things will change for the better. I have resented the way our states attorney has let so many criminals walk free with his wheeling and dealing attitude. He has hurt this entire county so bad it's not funny. But he has a large family of stooges like "Duh baugh" that keep electing him over and over again. Unfortunately it has taken the deaths of several horses for people to see just how slow and irresponsible he is. Now lets all work together and show him the road out of town. I hope and pray your sister continues to improve and can get back to a normal life again soon. "

" The states attorney has to work with what he has. Junk in (police work/investigations) equals junk out (charges/convictions). Elect C. Steve Ferguson for Coles County States Attorney on November 4th, 2008! "

" I'm sure this is a tough call for the SA to make because, no matter what happened to Ms. Giberson, he has to have enough evidence to support the charge. It does seem to me though that the charge should be more serious than 'aggravated domestic battery'. If a doctor described Ms. Giberson's injuries as 'life threatening' and if Abernathy had stolen a baseball bat with the thought in mind to attack the victim, attempted murder seems like a more appropriate charge. Even if the attack wasn't premeditated, and even if the attack was provoked by the victim, after the first blow was severe enough to knock her to the floor, there would have been no need to strike her at least 10 more times. As for the 2+ hour trip to SB, why on earth didn't Abernathy simply dial 911? She could have been at the ER within 15 minutes! Perhaps he was on his way to the country to bury the evidence, but he had forgotten to steal a shovel. "

" I don't think Ferguson has a thing to worry about, Watch Dog. I can't recall a bigger bunch of duds, reprobates and losers from the opposite side for years. Even a "stooge" can see that, unless of course the have some personal agenda against Ferguson, which is what I suspect the majority of anti-Ferguson types who have come on this site do. "

" No need for a shovel when you have a chainsaw in the trunk and are heading to the Landfill instead of the hospital. Whoever talked some sense into him while he was making calls on a cellphone, I thank you. If you heard the testimony to date you would be shocked. There is plenty of evidence leading towards a murder charge. As far as the future elections are concerned there seems to be a weak link that has existed within the county for years. I myself have not resided there since 1994. Therefore, I should not comment on any particular office. Mr. Ferguson and the detectives have been very sincere in our meetings and conversations. However, the system as a whole has its issues. "

" In any criminal case, it is neccessary to prove *each and every element* of the crime 'beyond a reasonable doubt and to a moral certainty'; I know this from having been so instructed by Judge Waller when I served on a jury several years back. Unlike a civil lawsuit, it's not good enough that the proof demonstrate that something is 'more likely than not' to have occurred. The Legislature writes the laws defining what the various elements of Crime X are, the police/fire marshal/coroner/whoever gather the evidence and (some times) various laboratories examine and make tests on that evidence and then send reports to the appropriate law-enforcement agency and/or States' Attorney. Mr. Ferguson must work with what evidence he has, NOT with what evidence I'm sure he *wishes he had*. While I may *believe* that Mr. Abernathy intended to kill Gina, while you may believe that he intended to kill Gina and while Mr. Ferguson, the police and everyone in this county may believe that, if the e-v-i-d-e-n-c-e is not there proving *each and every element of the crime*, Mr. Ferguson would be wasting the court's time and our tax dollars by filing a charge upon which he knows he can't obtain a conviction. It's very easy to take a swipe at Mr. Ferguson when you don't have to do his job, and I'd be willing to bet money that the same people bashing him here would be among the very first to bash him for failing to obtain a conviction on charges he filed knowing that the available evidence would not support a conviction. "

" It will probably be in the best interest of the victim to avoid the trauma of a trial, so a plea bargain for a lesser charge will be accepted. For every conviction people have on their record, just imagine the severity of the actual crime that actually ocurred and was then plea bargained down to spare the expense (and work) of going to trial. "

" Interested observer: I have no issue with my tax dollars being used to prosecute this guy for his alleged crimes. Does anybody else have a problem with that? I would also commend the SA for trying to serve justice even if he doesn't get a conviction. This guy may be innocent until proven guilty, but nobody's going to prove him guilty unless we charge him for his alleged crimes. Sick em Steve! "

" Gina's brother: Hang in there. P.S. I've heard of the murder sign, but when I heard the tale it was in Florida. Has anyone actually seen this sign? "

" As you usually do, Interested Observer, you made some excellent points. It seems to me that most of the anti-Ferguson messages on are are emotionally based and are usually devoid of facts. Too many people just don't get the fact that the states attorney's office doesn't make the laws and are often restricted by them, and have to work within the framework given to them, by those who make the laws, that is our legislators. If there is anger and frustration, it should be directed towards them. "

" PLEA BARGIN........HUH I have never understood that phrase. If your a murderer, your a murder. If your a bank robber, then......your a bank robber. How could you be anything less. UNLESS, it's to help out the "so called" legal system, and by all means it certianly does need help!!!!! "

" attainedage you did not just type "even if the attack was proveoked " ! I think I know what you meant, but that was insulting. Don't ever use that phrase when commenting on a domestic vilence issue. That is something said by attackers in their diffence of their disgusting behavior. "Even if" - he used a baseball bat !! "

" Of course Jason is going to say that he was provoked. It's to be expected. It will be the jury's job to decide. But I know for a fact that Gina didn't play baseball nor was there a bat in the house for her to swing. Did Jason hand her his bat first? I don't think so. Once the test results are back from the crime lab the big picture will be much more clear. For those of you that haven't been in the courtroom I'll fill you in on what you are not reading in the paper. There was blood on her pillow case. The bat was found in the trunk along with a bloody towel and a chainsaw. The bat had no blood on it visible to the naked eye. Towels where found around the house soaked with what smelled as gas. His boots also smelled heavily of gasoline. All of these items are sitting at the crime lab. I just wish they would hurry up and finish the tests. It sure seems like he attacked her while she was in bed. BTW, his fractured hand was described by the doctors as a "boxers fracture". Why do I have to be the one putting this into print? "

" To answer your question about the signs in Florida? YES THEY ARE REAL. I live here and have personally seen them "If you want to commit a murder and get away with it, Go to Coles County Il." Great advertisement for that county heh? So it's not a tale, it's the truth. Guess Abernathy thought he was in Florida. He was in the wrong state. Anyway he better get @ least 30 years with no parole. This guy deserves to be in prison the rest of his life. Due to the fact that is where he has spent most of his life and is not socially compatable to live outside of prison!!!! "

" Good Lord, eiualum97, read my post! You're 'cherry picking' in order to make a point. According to the (poorly edited) news piece, it was reported that "Abernathy claimed ... Giberson already had the at (sic) in hand when he went inside and began swinging it at him". That's his story, and I'm sure he's sticking to it, but I did NOT infer that Ms. Giberson provoked the heinous crime against her. Don't try to label me with that one! **** The point I was making was that, even if she took the first swing (which she has a right to do, especially if he was in her home uninvited), he was in no way justified in attempting to beat her to death! **** By the way, are you sure you're an Eastern grad? Your spelling, even for a blogger, is atrocious. How's that for "insulting"? "

" gina's brother, you asked "Why do I have to be the one putting this into print?" That's a very good question. Anyone care to respond? "

" Most likely the reason Gina's brother is the only one telling what is actually said in the courtroom, is because details are intentionally left out of the newspaper, radio and television so as to not prejudice potential jurors. I, and probably most of other people, think what happened to Gina is horrible and hope Abernathy is put away for a very long time. However, even those accused of the most heinous crimes have a right, as do all Americans, to a trial to be proven guilty. Shouldn't be a problem in this case, I don't think. "

" Look out, the self righteous spelling cop is out tonight. If you can't support your argument, you can always attack another's spelling or grammar. How predictable and pathetic on your part, atttainedage. "

" dohbaugh, actually, I did support my argument. As for the spelling and grammer thing, I just did that to find out where your goat was tied. Can't wait for your clone, EB, to comment on it. By the way, thanks for the kind words. I knew I could count on you. "

" I'm flattered that you care so much about me. Nice save. "

" dohbaugh, "Nice save."? Whew, that was close! Ha, wouldn't want to get on the wrong side of dohbaugh. And here I thought I was relegated to "predictable and pathetic". "

" Although we have made major breakthroughs in domestic violence laws, the main problem is that the vast majority of men that make our laws still see women as a subclass human being. Due to their conditioning by the pulpit, we women were put here just to be companions for the men who is to be the head of the household. When we don't do what they tell us to, deep down, many men still think that it's not only their duty, but their "right" to teach us who is in control. Unfortunately, many of our laws have been decided by men with this conditioning. Had this man been a total stranger, you can bet that attempted murder wouldn't even be questioned. Yes, we still have a long way to go on this subject. God bless you and your family Gina! We are all wishing you a full recovery and this creep a long time behind bars. "

" Becky writes "... the main problem is that the vast majority of men that make our laws still see women as a subclass human being." Good Golly Molly, mind telling me how the 19th Amendment came into being with that "VAST MAJORITY" in power back in the day? This particular case may be the result of that man thinking he had the right to kill that woman, but your assertion that all men are this way is ridiculous. Give it a rest, honey. There's no sense in condemning the whole male population. One of us is bound to tell you you're just being hormonal. Take a nap, put your feet up. I hope 'your man' doesn't know your screen name. "

" Wow, Becky, you must be talking about the right wing Republicans who post on here. I would mention names, but...well you know...you can figure it out. "

" Tsk Tsk Dohbaugh! Now that wasn't nice.:-) Seriously, We have a long way to go when it comes to dealing with domestic violence, but I don't think we are stuck in the Middle Ages either as Becky seems to suggest.. Having been smacked around myself by my ex many years ago, I can tell you it's difficult to get out sometimes when you have no job skills other than being a homemaker and you have kids to take care of. Way back then when I was going through this, the shelters and the networks available now, were almost non-exsistant. I was fortuante that I wasn't beaten within an inch of my life like Gina was. Still it's hard trying to explain away black eyes, bruises, patches of your hair missing, and such to friends and family. I fought back and as strong physically as I was, I was no match for him. I finally got the courage to get out, go to hairdresser's school so I could make my own way. It was easier for me because the jerk decided to work in Saudi Arabia and I took advantage of the time he was out of the country and the money he was making to pay for school. I "paid the price" though each and every time he came home on leave. At least I had a few months "rest" in between so I could get my schooling finished and get a job and a divorce! Later,I was lucky to meet the love of my life who not only treated me, but my teenaged girls with all the love and respect we so desparately needed. The "ex" didn't dare mess with me after we came under Toby's protection! Gina had the courage to try and get out. She almost didn't make it! This case seems to me as being the man involved did not want to be the "dumpee". Men like this( my ex included) want to be the "dumper"! No laws in the world are going to protect a woman from someone like this because they don't respect any laws anyway. They do as they please. Do we need tougher penalties? I think so. Do we need better ways of heading off potential situations like this? Absolutely! Just because someone likes to beat up his wife or girlfriend doesn't mean we shouldn't use every tool we have at our disposal to stop it and punish them if proven guilty. The law can only go so far. It can't make a person hell bent on destroying another into a decent person. These people react to the situation at hand, and don't give a hoot about the damage they are inflicting at the time. It's all about THEM! How do you legislate that? "

" I do not believe that "all" men have the mentality that women should be subservient, but in my experience working with victims of domestic violence, I can tell you the problem is extremely widespread. I have also been on the receiving end of abuse at the hands of someone I loved deeply, so I can speak the truth with the voice of experience. The laws in place today do NOT protect women from continued abuse. I have seen officers and judges berate women for staying in these relationships, placing blame on them for what their spouse or partner has done to her. I have seen, first hand, a judge say to a victim of domestic violence, "I do not want to see you in my courtroom again asking for an order of protection". Meanwhile, the abuser is sitting in the courtroom looking smug and knowing he can do it again and again with little or no consequences. Before any of you start jumping down my throat and saying that if she stays she must like it and therefore deserves it, think about this….time and time again we have seen what happens to women who try to sever ties with their abusers. What happened to Gina Giberson is a prime example of it. Just yesterday morning on the Channel 3 News there was a piece about a man who shot a woman at her workplace after she broke up with him. A couple of years ago in Charleston a woman was viciously stabbed at her workplace because she had broken up with her abusive boyfriend. She died a few months later. Fear of retaliation or being murdered is one of the number one reasons women don’t leave, along with the fact that their controlling abusers have isolated them from their friends, family and every other means of financial and emotional support. The public, as well as our police officers and our judges need to be educated on the dynamics of this horrible enigma in our society and stop pointing fingers at the victims. Let’s show the Jason Abernathys of the world that this is NOT ok and we are NOT going to turn the other cheek anymore! "

" You're right, Billie. Domestic violence is not something to make jokes about, and I sincerely apologize to anyone offended by my lame attempt to make a joke out of it. Thanks for the hand slapping Billie. "

" I didn't think you meant it anyway Dohbaugh. "

" First of all everyone, I didn't say ALL MEN. I said a vast majority of them. Second of all, not all dominance issues end up with violent outcomes. Most of the times it's the man berating his wife/girlfriend because the house is messy, dinner's not on time, the kids are being unruly, the laundry's not done, the bills are late, and so on and so on. Men find it easy to blame the wife/girlfriend because society has told them for thousands of years that this is the way it should be. Emotional and mental abuse is even more widespread than physical. Now, how many of you men just thought to yourself, well, that's her job and if she doesn't do it, I will remind her of it and if she doesn't do as I wish, I'll (pretty much) ride her butt until she straightens up? Now, how many of those women also work outside the home? Ahhhh, but you men are saying now, well, I make more money so she owes it to me?.....got it now? No, didn't think so. It's hitting too close to home. "

" Well, excuse me, Becky, for confusing 'all' with 'vast majority'. What's that, maybe a 10% difference? Here's my personal viewpoint, as if it really matters to you. Long before the ladies burned their bras and the so-called men burned their draft cards, I led my life in the belief that men and women are equal. I was fortunate enough to have a very strong father who almost instinctively knew right from wrong. Here's the way it was in my childhood home: One of my brothers made a comment at our family dinner table that a local young rape victim "had it coming to her because of the way she dressed in school". Dad instantly jumped up, grabbed my brother, and nearly beat the tar out of him right there in the dining room, fine china and all. An object lesson in developing an appropriate respect for the opposite sex. An attitude adjustment. We didn't have sisters, but Dad grew up with five sisters. Most men I know are nothing like the ones you know. From that point on, my brothers and I had a profound respect for the ladies in our lives and a renewed level of respect for our father as well. When they were growing up, if one of my sons had ever made a comment like my brother did, I would have gladly treated him to the same object lesson. Let's just say it's a 'man thing'. "

" this isnt the first time that he has hit my mom let alone my brothers, and im sorry that it happened this way but hopefully someone gets some since to themselves and sends him away for along time more than they are talking about now. he fed my brothers drugs practically brain washed them and beat my mom on a regular basis i cant wait until he's out of society & cant do this to anyone else including his mother again and people can move on. my brothers are sitting in jail having to hear about our mother and their home on television not knowing that they might not be able to come home to the mother that we knew. this was my moms chance at a new life and now that to has been takin away from her. we appreciate all the support from everyone but as a favor for all of us please keep praying for her cause if god knew that our family would fall apart without her being her old self again i dont think hes gonna let that happen. thank you all for caring about what i have to say and for caring about my mother. "

" ginasdaughter, your post truly is a sobering reflection on the state of our society. Time was when well intentioned neighborhood men would have put a permanent end to the insane behavior you describe, without anyone having to file a police report. Ironically, the politically correct among us waste our time defining acceptable responses to the likes of Abernathy, and our courts are backed up with civil suits, while good neighbors are prohibited from taking matters into their own hands in the back alley to stop people like Abernathy before he gets out of control. I am sorry for the loss your whole family has endured at the hands of this animal. My prayers are with you. Be strong, for your mother and for your brothers and for yourself. God never gives you anything you can't handle. "

" To ginasdaughter: My heart breaks for you, your brothers and your whole family. If it's of any comfort to you, I personally hope that Mr. Abernathy NEVER sees daylight again that doesn't have steel bars in it. Your mom is in my prayers. *hug* "

" I have watched this case from afar and get updates whenever they run in the JG-TC. Gina is my cousin. I know her history and I know Jason's. My greatest concern is that all of this privileged info. is being shared online. If Jason goes to trial, will the courts not order a change of venue because there has been too much in the media and now online. If anyone knows anymore on this subject, please comment. "

" Rinehart was found GUILY for his sexual deeds on one of my grandchildren thanks to the assistant district attorney Kerry Kiger...... yet it isnt on the news or this newspaper .... he has many more charges to face including on 3 more of my grandchildren ... i have been in mattoon for 2 months now to see justice and the legal systenm work and it does work if slower at times than i would like... I thank GOD for ppl like kerry who work tiredlessly to protect the children of this community ....... "

" steph15, you must have looked in the wrong places. The Rinehart story is under the "News" tab. Also, the story was on WCIA 3 News yesterday. Great news, by the way. The jury did well; now, if we can just get the judge to follow through with the maximum sentence. Too bad there isn't a mandatory life sentence (no possibility for parole) on the law books for sexual predators of children in the state of Illinois! "

" I doubt if life sentences would would be a deterrent for predators, Gringa. But I would agree with you, in that I would like see that happen, if nothing else it might give the victims and their families some sense of relief knowing that these animals will never be free to hurt them again, or any one else for that matter. The sad thing is that the so called child experts say these creeps cannot change, no matter how much therapy they receive. So what's the answer? I wish we knew. Unlike today's predator lists which are now permanent, under the old laws, once a person completed their court ordered punishment, the could integrate back into society, and many convicted predators are out among our children again. Try to look them up on the predatory sites, and you won't find them. One of them works as a volunteer at a local tourist attraction, that draws school children from all over. I reported this to the authorities there, but he is still working at his volunteer job there. To top it off, I have seen his picture in the local paper. Making matter worse, this person is an ordained minister, and was kicked out of his church due to his predatory nature with young children, namely his own. "