Now Driving Online Now Hiring Online Home Seller Subscribe to the JG-TC
12°F
Severe
Who should Democrats choose as their lieutenant governor candidate?
More
Thomas Castillo
Mike Boland
Terry Link
Other
View Results
 






 
Thursday, January 24, 2008 10:54 PM CST
Abernathy's trial on meth charge postponed to March



CHARLESTON — Jason A. Abernathy’s trial on a drug charge was postponed about a month Thursday, while the trial for his alleged beating of Gina Giberson wasn’t scheduled.

Circuit Judge Gary Jacobs agreed to move Abernathy’s trial on a methamphetamine possession charge to March 3 because one of his defense attorneys won’t be available on Feb. 5, when the trial originally was scheduled.

The earlier trial date had been set at a hearing last week, when defense attorneys Monroe McWard and Mark Wycoff said they wanted to have the trial on the drug charge take place first.

On Thursday, Wycoff said he was since scheduled for a trial in another county during the week the drug case trial had been set. All that took place this week in the case charging Abernathy with aggravated domestic battery was an agreement that its status will be reviewed on Feb. 22, the final pretrial hearing date for the drug case.

Abernathy, 33, is accused of beating Giberson at her home at 211 Fourth St. in Charleston on Oct. 16 to the point that she was comatose in an area hospital for about two weeks, though she’s now at a local rehabilitation facility, according to her family. A police officer who testified at a hearing in November said doctors at one point described her injuries as “life-threatening.”

In the drug case, Abernathy is accused of having less than an eighth-ounce of methamphetamine on May 2. On Thursday, Assistant State’s Attorney Mick McAvoy didn’t object to rescheduling the trial, and Abernathy told Jacobs he agreed as well.

Abernathy is jailed without bond. Jacobs revoked his bond in November based on evidence that he attacked Giberson while he was out of jail on bond in the drug case.

The aggravated domestic battery charge would normally carry a possible sentence of three to seven years if there’s a conviction, but a prison sentence of six to 30 years would be required for Abernathy because of his criminal record. The drug charge could bring a two- to 10-year prison term, also more than the usual maximum because of his prior convictions.

Giberson’s house was destroyed by two fires, the first of which was reported on the morning of Oct. 16. Firefighters returned to the location after a second fire was reported there the following morning.

Detective James Blagg of the Charleston Police Department said Thursday investigators are still waiting for evidence of a fire accelerant found in the remains of Giberson’s home to be processed by the Illinois State Police crime laboratory in Springfield.

Blagg said the evidence of suspected arson was detected by a specially trained crime scene dog. He cautioned an arson case can be difficult to pursue due to the great damage caused to the crime scene by the fire.

Staff Writer Rob Stroud contributed to this report.

Contact Dave Fopay at dfopay@jg-tc.com or 348-5733.


Share:          Submit to Reddit         Add to My Yahoo!   



  Add your comments

*Member ID:
*Password:
Remember login?
(requires cookies)
  Forgot Your Password?
 

Not already registered?
Then click Here.


JG-TC.com encourages readers to engage in civil conversation with their neighbors. Comments that are submitted are not posted to the site immediately. They go into a queue to be moderated and may take several hours to be reviewed. Comments posted on Saturday may not be reviewed until Sunday afternoon.

In order to keep the page a set width, long lines (mostly long links) will be chopped. Try putting spaces in your links or consider using tinyurl.com to make a smaller link that you can include.

We will never edit or alter your comments, but we do reserve the right to remove comments that violate our code of conduct.

No comment may contain:

* Potentially libelous statements; such as accusing somebody of a crime, defamation of character, or statements that can harm somebody's reputation.
* Obscene, explicit, or racist language.
* Personal attacks, insults, threats, harassment or inciting violence.
* Commercial product promotions.

If you have any questions, please contact our moderator.


trememm wrote on Jan 25, 2008 6:37 PM:

" As a former Journalism student, I have taken it upon myself to investigate the high profile aggravated battery case involving Mr. Abernathy and Ms. Giberson. Since the media has presented this story to the general public of Central Illinois in a biased manner, I feel that as citizens of this county and state we are entitled to unbiased news reporting. We all know that there are two sides to every story, so I would like to present some of the information that I found that is being witheld from us by the media, but is public record that can be accessed via www.judici.com under Coles County, or by going to the Circuit Clerk's office in Charleston, Illinois. Also, please note that conclusive to my findings, Mr. Abernathy has no prior domestic or aggravated domestic battery charges on his record. Also, in regards to speculation that Mr. Abernathy may have started the fire that occurred at Ms. Giberson's home, he has no prior arson charges. Upon my investigation into Ms. Giberson, the other party involved in this case, I found that she has three aliases. She has records under Gina Giberson, Gina Smith, and Gina Harrison. Please see below for a list of her case numbers and charges that can be found at the above listed website or at the Coles County Courthouse.

Gina Giberson

2000CF702-Had over 900 grams of methamphetamine, plead guilty to 400 grams.

Gina Smith

1994CF35-Manufacturing & delivery of cannabis

Gina Harrison

1996CM926-Domestic battery reduced to battery.

1997CM901-Domestic battery & Property damage.

1997CM1070-Domestic battery

1997CM718-Domestic battery "

pj1983 wrote on Jan 26, 2008 7:49 AM:

" and while you're there, search mr. abernathy for yourself and see the huge list of cases listed for him and the vast array of charges ranging from aggrivated battery and criminal tresspass to obstruction of justice and destruction of evidence, and note the fact that there were 2 orders of protection taken out against him by two diffenernt women. then remind yourself that more often than not, past criminal histories are inadmissable in court, and that Ms giberson is not the one on trial here. "

85CHSGrad wrote on Jan 26, 2008 8:35 AM:

" Trememm, that is a very interesting post! I went and looked up everything you posted, and you are correct. Now I am wondering why the TC-JG would fail to mention any of this? Anybody? "

citizenofmattoon wrote on Jan 26, 2008 8:37 AM:

" It really doesn't make any difference to me what the charges on Gina or Mr. Abernathy might be; what really does make a difference to me, is that he is free to roam the streets doing what ever he does which with meth charges, doesn't sound like he is up to much GOOD *&%^$* I have grand children and this does bother me.
So lets give him another break and let him roam some more to do his thing and cause HARM. Doesn't sound like a good case senerio to me. How about everyone else? "

bob wrote on Jan 26, 2008 9:03 AM:

" Are you out of your mind? Ms. Giberson may have a bit of a past but NO ONE and I mean NO ONE deserves to be beaten almost to death!!!!! How do you explain that? Mr. Abernathy's rap sheet on judici is a whole screen long! Mr. Abernathy has been in trouble with the law since high school or before. Give me a BREAK! "

bob wrote on Jan 26, 2008 9:40 AM:

" Wow, you must have read the wrong judici page on Mr. Abernathy! Numerous orders of protection, drugs, batteries, etc.......... "

daisy wrote on Jan 26, 2008 10:02 AM:

" trememm: Are you kidding me? Maybe Jason Abernathy did not have any arson charges on his record, but he does have several other violent crime charges including aggravated battery, and aggravated assault with a deadly weapon.
He also DID have a domestic battery charge on his record, which was Nolle Pros'd, but that was most likely because the victim refused to cooperate with the prosecution, therefore making the case impossible to prosecute. This happens quite often because the victims are too afraid to proceed in fear of future retaliation by the abuser. I know this as a past victim myself, and as a former domestic violence shelter worker.
For good measure, I would like to list the violent crimes he has been charged with in the past just as you did for the VICTIM in this case.

1991CF131:
4 Counts Aggravated Battery/Great Bodily Harm

1991CF142:
Aggravated Battery/Great Bodily Harm
Criminal Trespass to Residence
Battery

1991CF143
Obstruction of Justice/Destroy Evidence
(Presumably involved in the above case against him)

1993CF19
Armed Robbery

1993CM70
2 Counts of Battery

1993CM71
2 Counts of Resisting Arrest

1998CM1113
Assault

2001CF399
Felony Possession/Use of Firearm Prior
Unlawful Use of Weapon/Person/2nd
Aggravated Assault with a deadly weapon

2001CM329
Domestic Battery/Physical Contact

And of course the current charges he faces for beating the VICTIM, Gina Giberson, into a life threatening coma, and non-related meth charges. Let's not forget the 2 Orders of Protection against him in 1997 and 2001.

It is people like you who perpetuate the "blame the victim" mentality that keeps victims from coming forward when they are being abused.

If you are a former journalism student then you, above all, should understand the concept of facts. The FACT in this case is that Jason Abernathy is on trial for beating Gina Giberson into a coma, not the other way around. Gina Giberson is not on trial in this case, nor is her past. Yes, she has a criminal past, but it pales in comparison to his. She is clearly the victim in this case. Shame on you for implying that because she has been charged for domestic violence in the past, she somehow deserves what happened to her or brought it on herself. It is utterly disgusting. "

trememm wrote on Jan 27, 2008 8:55 AM:

" In response to the citizenofmattoon:

As I indicated, Ms. Giberson also has prior meth convictions. Mr. Abernathy and Ms. Giberson have both servied their time in prison for these charges. As to the current charge against Mr. Abernathy, I would like to think that we still believe innocent until proven guilty, not guilty until proven innocent. If someone accused you of a crime and that made you automatically guilty even if you had a criminal past with the same charges, how would you feel? Is it just, is it fair, is it right, does it make it true? "

trememm wrote on Jan 27, 2008 8:56 AM:

" In response to the citizenofmattoon:

Also, if Mr. Abernathy's prior meth charges means that he shouldn't be walking the street than neither should Ms. Giberson. "

trememm wrote on Jan 27, 2008 9:01 AM:

" In response to the Daisy:

It is funny how you say that Ms. Giberson is the victim, when the only two people who know what happended that day is Mr. Abernathy and Ms. Giberson and Mr. Abernathy's claim is self-defense. It seems to me that since she has a domestic battery background that it certainly leaves reasonable doubt into who the victim in this case truely is. I think that before you judge who the victim is that you need to know all the facts in this case as she isn't the only one that sustained injuries from this incident, but you don't hear about those details in the media reporting and also that perhaps the injuries that occurred from her brain trauma may not have been inflicted from him. Shame on you for judging before you know all the facts that haven't came out yet due to the case not even having made it to trial yet. "

trememm wrote on Jan 27, 2008 9:07 AM:

" In response to all the people who brought up the order of protection orders:

I know myself how easy it is to get an order of protection in this county. Let me tell you from experience....my ex-husband kidnapped my daughter while we lived in Tennessee and came back to Illinois and went directly to the Coles County Courthouse and filed for an emergency order of protection stating that I had hit him in the head with a hammer. I wasn't required to be in court to have a chance to tell my side of the story, nor was my ex-husband required to give medical records showing the injuries that never occurred to his head because I never hit him in the head with a hammer. He had two prior orders of protections that I had placed on him; however, he too was able to get one. An emergency order of protection is valid for two weeks until the other party involved is served and has the chance to come to court and state their side of the story, but please be advised that it isn't like a criminal or civil case and there is no proof of burden here. The party wanting the order of protection is granted it without any proof of abuse being made evident. Do you know how many people simply obtain these just because they get mad at one another? Seriously, I know that these are also in place for situations in which they are truely needed; however, it literally takes nothing to obtain one. "

trememm wrote on Jan 27, 2008 9:10 AM:

" In response to Daisy

I never implied that Ms. Giberson deserved or brought on anything; I never stated my opinion just the facts unlike you. I think that when we become personally involved without being intelligent enough to sort facts from heresay that one certainly has made a pre-judgemental opinion that may in fact not be correct. "

trememm wrote on Jan 27, 2008 11:27 AM:

" Is everyone aware that when you sustain a brain injury that the hospital has to put you into a drug induced coma to protect the brain from further injury and that speculation that Mr. Abernathy is the one that put her into a coma is just that, speculation and heresay. Also, that perhaps Mr. Abernathy didn't inflict the injury to her brain, perhaps before assuming that you should let it go to trial and then get the facts of the case. All anyone knows is what is being told to us via media or heresay from public rumor and as I stated before seems to me is biased and doesn't give both sides to this story. It also seems to me that with her having 4 prior domestic battery charges, that she is quite capable of being involved in a situation in which the true VICTIM of this case had to defend himself, which is what he claims...GIVE ME A BREAK "

Rotty wrote on Jan 27, 2008 11:00 PM:

" And what, exactly, is your relationship to "him", trememm? "

Gina's Brother wrote on Jan 28, 2008 9:02 AM:

" Trememm, have you been in the courtroom during all the pre-trial hearings? Where are you coming up with the drug enduced comma?

You seem very qualified for a "former journalism student". "

trememm wrote on Jan 28, 2008 12:43 PM:

" I do not have a relationship to Mr. Abernathy. "

bob wrote on Jan 28, 2008 2:01 PM:

" Yeah, I realize everyone is presumed innocent until proven guilty. I can't wait for Mr. Abernathy to go to trial because I guarantee you that he is going to be serving some time on this one. I have no doubt in my mind. There is overwhelming evidence against him. That is not being biased. That is just the cold, hard facts! Anyone that would defend Mr. Abernathy must be out of their mind.
Also, former journalism student, hearsay is spelled h-e-a-r-s-a-y, not heresay! You may want to proofread before you submit your comments! "

Moon Unit wrote on Jan 28, 2008 4:17 PM:

" In response to Trememm... I read your posts with great disgust. I do truly believe that all should be innocent until proven guilty....however, have you sat in the courtroom and heard all of the facts??? Have you talked to the medical examiners and obtained all of the facts??? You state that perhaps the accused could have been defending himself... Do you need to hit someone in the head 12 times to defend yourself? Hmmmm...well this is a fact...NO!! Well wait a minute...maybe she did fall like he said and hit her head 12 times...do you think that is a possibility Tremmenn?? Do you think that she fell only once striking her head 12 times or fell 12 times striking her head each time? Highly unlikely I would say that any of those things happened! Oh and before you start again with facts...it does say in the paper that a medical examiner stated Gina took 12 blows to the head.

You also have posted that Daisy may not be intelligent enough to sort facts from "heresay" - by the way, it is spelled hearsay. Maybe you should not just assume that all people who have suffered from a traumatic brain injury (TBI) are put into a drug induced coma by medical staff. If you were to research this and obtain the FACTS instead of hearsay then you would know that isn't always the case.... The drugs that pts are put on when recovering from a TBI have a very short half life...they don't stay in the body long. Pts are usually weaned off of these meds to see if the pt has an increase in mental status or in some cases not...which seems to be the case of Gina.

In closing Trememm, I think it would be fair of me to say that Daisy is not the person here who is not intelligent enough to obtain facts... Seems to me that you have some issues of your own you may want to re-evaluate. I guess that is why you are a "former" journalism student.... GO BACK TO SCHOOL!!! "

trememm wrote on Jan 28, 2008 5:51 PM:

" I would like to know what cold, hard facts and overwhelming evidence you think that there is against Mr. Abernathy, since this case hasn't went to trial yet. Just because the media wants to present alleged actions or opinions doesn't make it factual. Also, I am glad that you are a psychic and can look into your crystal ball and see what you think is going to happen, because I believe that justice will prevail in this case and he will be acquitted. "

bob wrote on Jan 28, 2008 6:51 PM:

" I can't wait until the trial is over, and then we'll see how many comments trememm wants to make about the fact that Mr. Abernathy will be going to jail, or hopefully a prison for that matter. I look forward to it. How do you explain him not taking her to the hospital right away? How do you explain the fires, coincidence? I think not! It sickens me to think that anyone could defend Mr. Abernathy. Next time you talk to him during one of your visits, ask him how he explains self-defense considering the fact there were 12 blows to the head. What, did she do it herself? Come on!!!!! "

daisy wrote on Jan 30, 2008 7:38 PM:

" trememm...here is another "fact" for you. As a certified domestic violence worker and a SURVIVOR myself, I can educate you a little on the dynamics of abusive relationships. There is a phenomenon termed "reactive victim's syndrome". What this means is that many people who have been victims of domestic violence will attack first in anticipation of being attacked by their abuser. It is called survival. I am not saying that is the case with her domestic violence charges, but I am saying it is a possibility. The FACT is at least 85% of all domestic violence victims are women. The FACT is that his criminal history is significantly more violent than hers (weapons, aggravated assault with a deadly weapon, armed robbery, aggravated battery with great bodily harm, etc...) Did you consider that any wounds he may have had (however minor they may have been) were possibly inflicted by HER in self defense? You are an idiot if you believe that striking another human being in the head TWELVE times constitutes self-defense. I am embarrassed for you. Go back to school, and this time try to learn something while you are there.

http://www.endabuse.org/resources/facts/ "

racerchick wrote on Jan 31, 2008 9:45 AM:

" This is one of the most absurd posts I have read. Trememm...I agree with Bob...you are out of your mind!!! I know both Gina and Jason and their pasts. You just made yourself sound like a total idiot. Stop believing the jailbird lies that Jason has you wrapped up in and listen to yourself. Truly amazing!!! Hence the "former". Idiot. "

Early Bird wrote on Feb 1, 2008 7:16 AM:

" What matters in the end is what the jury says, not all of the wannabe legal experts on this site think. "

citizenofmattoon wrote on Feb 1, 2008 7:34 AM:

" To TREMEMM....You know what????
Thanks to Mr. Abernathy Gina isn't walking the streets of Mattoon like he is. Gee What is it that you don't understand. I noticed in your first post you said that Mr. Abernathy didn't have any priors on domesticated battery....I think you must have had on your "ROSE COLORED GLASSES" My point isn't with YOU. I have some real disgusting and disappointed feeling with our legal system. Whether it be with Abernathy, Giberson or John Doe. There is something terribly wrong somewhere... "

85CHSGrad wrote on Feb 4, 2008 8:26 PM:

" " as ran in TCJG:
"Donald R. Howell, 35, of rural Cowden pleaded guilty to a charge of manufacture of a controlled substance that accused him of making methamphetamine on April 16, 2004.

Howell also pleaded guilty to an obstructing justice charge alleging he fled from police and tried to dispose of a bag of methamphetamine before he was arrested on Dec. 20, 2006.

Under the agreement reached in his case, Howell was admitted to Coles County’s drug court program. The program is "sometimes" an alternative to prison time or probation for people who admit to their charges and agree to weekly court appearances, regular drug testing and other monitoring and requirements."

...Making meth isn't enough to get a prison sentence in Coles County? Isn't this the same drug that landed Jason Abernathy on the front page? Isn't McAvoy the same prosecutor trying to give Mr. Abernathy up to 10 years, just for possessing meth? And what determines the "sometimes" they get drug court? Prior convictions? Not in the Howell case! He also had priors. People need to open their eyes and look at what is really going on up at that courthouse.
Corruption,Corruption,Corruption!!! "

Early Bird wrote on Feb 5, 2008 7:20 AM:

" You may not like what is going on in the Coles county court house, but do you really think it's any different in any other courthouse across the land. Plea bargaining is a way of life in all courts. As disgusting as it is, do you really think replacing the current states attorney would really change the reality and fact of life that plea bargaining is going to happen whether we like it or not. No matter which of the four candidates running wins, plea bargaining will go on, despite any political pandering you hear to the contrary. "

85CHSGrad wrote on Feb 5, 2008 8:23 AM:

" well Early Bird, you were partially right when you assumed I was against the States Atty's office for these outrageous plea deals "some" people get. However, I would also like to point out that the presiding Judge also has to accept the agreement. So when I said a "corrupt courthouse", I mean all parties involved. Wonder if Abernathy is Drug Court material? Who is more responsible for the meth problems we face? The manufacturer or the addict? The meth makers shouldn't be looked at any different, than if they were bringing in kilo's of cocaine from S. America. What it all boils down to , is they don't want to stop meth from being on our streets, they(the courthouse) just want to keep the money flowing in. Job security for Police,Probation,States Atty,Judges...You know, the whole damn system!!! "

85CHSGrad wrote on Feb 5, 2008 11:13 AM:

" here is another...
"Corey T. Heuerman, 28, 13577 E. County Road 1400N, Charleston, to a charge of possession of methamphetamine precursor alleging he had drug ingredients between March and December 2006.

Heuerman received two years of conditional discharge, supervision with fewer restrictions than probation and was fined $1,400. Jacobs accepted a plea agreement that Assistant State’s Attorney Mick McAvoy and Lutz recommended."

Making meth (or having the ingredients) isn't enough to get a prison sentence in Coles County? Not even placed on real probation? Isn't this the same drug that landed Jason Abernathy on the front page? Isn't McAvoy the same prosecutor trying to give Mr. Abernathy up to 10 years, just for possessing meth?
This drug has to be stopped from being made! These plea bargains that keep these drug manufacturers on the streets are insane. The madness starts and stops with our States Atty office, and the Judges whom accept these "slap on the hand punishments".
"

daisy wrote on Feb 5, 2008 8:40 PM:

" chs85grad: I might be wrong, but I think people have to meet certain criteria in order to be considered for drug court, but I have no idea how the system bases its decisions about who gets drug court and who goes to jail. What I do know is that drug court is an extremely intensive program that some might argue is harder than going to prison. I won't go into all of the specifics on here, but from my understanding it is pretty hardcore.

Another thing to consider is that sometimes these meth users agree to be "narcs" in exchange for a lighter sentence. Often times the law enforcement agencies will convince the small time users to testify against or get information on others who may be more serious offenders in exchange for a lessor sentence.

Before you jump all over me for this post...I agree that these people should be punished. Meth makes people dangerous, and I don't necessarily want them roaming the streets, but these are the realities. I don't think there is any conspiracy against Jason Abernathy, I just think the state's attorney's office bases their pursuit of prosecution versus drug court on certain criteria, and it's possible he doesn't meet them. "

85CHSGrad wrote on Feb 5, 2008 10:24 PM:

" daisy;
I am in no way suggesting there is any conspiracy against Jason Abernathy. I would hope not, nor would I hope that he could possibly get Drug Court.
What I am saying is that there is a relationship to the outrageous plea bargains and the fact that they(the courthouse) don't want to stop their moneymaker. Therefore I feel they are somewhat responsible for the crimes that arise from meth use/abuse. Which usually in turn , winds up resulting in more money for them(More crime = More money). And more victims for us. Face the truth, if the drug makers were pulling the serious time they deserve, there would be a lot less meth on our streets. As for that Drug Court, Is there an officer of the court with this individual all the time? If he were in prison, I could guarantee you he isn't making meth to try to sell to our children. The Judge and States Atty doesn't know if this person is still making it... all they could possibly prove is that he isn't currently using it,and appearing at their court dates. Provided the drug testing is taking place. And as far as Drug Court being anything compared to prison...Who are you trying to fool? Sure it is probably expensive for the person in Drug Court, but ISN'T that what it is all about! Otherwise court dates, counseling, drug testing, and MONEY are all I see that these people are required to do. Give me a break..."Pretty Hardcore" compared to prison. Ha! "

dalejrfan wrote on Feb 6, 2008 2:00 PM:

" I am in 100% agreement with 85CHSGrad. The justice system in Coles County, which is the county that I concern myself with since it is the county that I reside in, has been going down the toilet for quite sometime. You want to talk about discrimination and inequality? I’m sure I could sit here for the entire year of 2008 and come up with more examples of not only corruption but discrimination. It is all about money and political influences in this county and the only way it is going to change in this county or any other for that matter is for the general public to make a stand and revolt against this type of behavior. I have proof in my own family that money and connections makes all the difference in who gets what punishment in this county. I have two nephews. They are both the same age, and neither had prior charges or convictions. One was charged with under-aged drinking and the other with under-aged smoking. The only difference was that one of my nephew’s parents had money and connections, and the other didn’t. Anyone want to take a guess what happened here? The nephew with under-age drinking had the parents with money and connections, the other didn’t. Guess what? The nephew that was charged with under-aged drinking had his charges dismissed. The other one got supervision. In my opinion, there needs to be one set of rules for all, not privy to money or political connections. "

DeannaT wrote on Feb 6, 2008 4:37 PM:

" I would like people to know that these friends, or at least one of these friends have also been to court for aggravated battery charges with a baseball bat...IMAGINE THAT. SO, would she like to be presumed guilty by the press and by people talking before she even gets to court. Jason has made mistakes in his past but that does not mean that he is guilty this time. Jason is a good person, my family and I love and support him through all of this chaos.
Deanna Tucker "

Gina's Brother wrote on Feb 7, 2008 1:25 PM:

" One of the hardest things to deal with as a family member of the victim is the ill feelings towards the accused aggressor. To concentrate on redemption is not healthy for the body or the soul. Therefore, my thoughts have and always will be with Gina. Jason will be at the mercy of the court and after sitting in the courtroom during the pre-trial hearings I am confident that the evidence against him is strong enough to warrant a conviction. However, the sole charge of Aggravated Domestic Battery is truly the most frustrating thing about this case. After hearing the testimony from the detective and talking with the doctors Jason should feel extremely lucky that this is all of which he is being charged.

It’s obvious by all the posts on this site that many people believe that this is a domestic violence case. The term is so easily thrown out there in this day and age along with other terms like “hate crimes”. The fact of the matter is that deeply rooted beneath these terms are a wide variety of criminal actions. Actions such as assault, battery and murder have now been categorized to describe an action against a domestic partner or a person of a different race, religion or sexual orientation. Ultimately, these terms are desensitizing the public of the true subject matter.

There is a fine line between hurting someone and killing someone. And yes, it may only be a matter of one additional blow to the head. In my sister’s case it probably would have been the thirteenth blow. Then within each category of crimes there so many subcategories like aggravated, with a deadly weapon, premeditated and so on. In my mind this case is well beyond that of a domestic violence case.

The largest victory to date for my family in this case is that we were able to get the charges raised to Aggravated Domestic Battery in order to keep Jason behind bars without bond until the trial could take place. We all had hopes that the charges would be raised by now but it doesn’t look like that is going to happen. Nor does it seem like anything will become of the two arson charges. I say two because neither myself nor the detectives think the house caught on fire by itself the second time. Therefore, there are two arsonists that will probably never pay their debt for the crime that they have committed.

As citizens we should all be pretty disappointed that this could happen. Considering the evidence in the case it is absurd that we are all still calling this domestic. Jason stole a baseball bat from his friend’s house the night before the attack. He then entered my sister’s home and beat her over the head a dozen times (not including the blows to the body). Keep in mind that Jason was not living with my sister at the time of the attack and therefore trespassing. There was blood found on my sister’s pillow. Now then, I don’t think she took a nap after the attack of which according to Jason took place in the living room where she presumably hit her head on the coffee table (twelve times). Jason has claimed that my sister initiated the violence by swinging a baseball bat at him and striking him across the hand. Now then, for all of you out there that posted blogs alluding to the fact that Gina initiated the violence please try to answer this question. How did she get possession of the baseball bat? Furthermore, it has been stated in court that the physician that treated Jason called the injury to his hand similar to that of a boxer’s fracture. This makes it very difficult to believe that he was ever hit with the bat.

Now then after the violence took place, the house was set on fire using accelerant. Maybe the same accelerant that was found soaked into Jason’s boots. Towels soaked with accelerant were found inside the house and towels were also found inside the trunk of my sister’s car when Jason finally dropped her off at the hospital. I say finally, because many hours past between the time the fire started and Jason arriving at the hospital. In between these two points in time Jason made cell phone calls. None of which were to the police, fire department or 911. The doctors at the hospital noted that Gina’s body temperature was extremely low when she was admitted. So low that they stated she may have been left out in the elements for some time. By the way, they had to pull her out of the floor board of the backseat when they arrived. Not laying on the backseat but wedged between the back and front seats.

Now then, it is also a known fact that in route to the hospital Jason stated he made a wrong turn and ended up at the landfill. Here he ultimately ran out of gas and called his brother to bring him a can of gas. For those of you looking for an alibi for the arson charge, Jason told the detectives that his brother filled up the car. Some other notable facts in this case that should be mentioned are that within the trunk of my sisters car were the baseball bat and a chainsaw. My sister does not play baseball nor did she own a chainsaw.

I have stated all the above before on this site but felt the need to recap the facts again after reading all ridiculous blogs by some obviously uninformed individuals. The bloggers that want to compare Gina and Jason’s pasts are totally overlooking the matter at hand. Someone nearly took the life of another and as a result the victim’s quality of life will never be the same. Luckily this victim happens to be one of the strongest women to ever walk this earth, not only physically but spiritually.

For those of you that want to bring up Gina’s past go ahead, it is public record. But when you advertise the crime you might want to also mention the time spent and their current record. Both Gina and Jason have paid their debt to society for their previous actions. The difference is that once Gina was released from jail she changed her life around, beat her addiction to meth, became a mother to her children, completed her probation and ultimately became a functioning member of society. Jason’s record on the other hand speaks for itself and is why Gina asked him to walk out of her life. I’m certain this was one of the toughest decisions she had to make. Gina was choosing to take the tough road in order to avoid exposure to the temptations that once were her pitfall. And to read some of the comments posted on this site makes me and my family sick.

How in the world is the media presently this case in a biased manner? I have just summarized the major findings in the case as presented in the court of law. Would somebody tell me how many of the facts above we have read in the paper or heard on the news? And to bring up a victim’s past as the primary defense for a crime of this nature is disgusting. I’m a firm believer in karma. There is a reason why my sister is still alive today. It’s because she deserves to be alive.
"

Harry Potter wrote on Feb 7, 2008 7:19 PM:

" Wow, when rednecks go to it, they really go to it. And the sad part is that it winds up costing the tax payers thousands of dollars to settle it out.
"

85CHSGrad wrote on Feb 7, 2008 11:25 PM:

" You said it Gina's brother. You are lucky you were able to get the charges raised to Aggravated Domestic Battery.
This courthouse is the worst. If the evidence is there then charge them. If it was as bad as you say then they shouldn't have any problems upping the charges. And to my understanding this is meth related, which we already know how I feel about how they punish users vs. manufacturers. Hang the "user", and give the "maker" probation, or even the Drug Court. Abernathy eligible for Drug Court? Something to think about... You know Abernathy's crime (class 2 felony) is the same class felony charge as the one in my previous post against the way the State's Atty handled the Howell case(class 2 felony). Howell also had the priors(although non-violent),and was eligible for extended term. Howell shouldn't have ever been turned loose on Drug Court.I also noticed that even Gina received prison time for "possessing" that 900 grams. Isn't that typical! Although, What was she doing with 900+ grams? Maybe she did deserve the prison sentence in her case, cause that sounds like a meth lab participant to me. Sorry, had to call that one as I seen it!!! And with all those Domestic Batteries on her , you should have found a different way than this to get your message out. You know people retaliate.
Emily "

Deanna T. wrote on Feb 23, 2008 7:54 AM:

" I WAS IN COURT DURING JASON ABERNATHYS PRETRIAL FEBUARY 22 WHEN THAT KANGAROO COURT WAS HAPPENING. THAT INCLUDES THE JUDGE AND STATES ATT. THINGS THAT WERE IMPORTANT TO THE CASE MAY BE DISMISSED SO THEY CAN KEEP AN INNOCENT MAN IN JAIL THAT IS CRAP JUST BECAUSE THEY CANT PROVE THEIR CASE. A NEGATIVE URINE TEST IS VERY IMPORTANT BUT YET MAY NOT BE INCLUDED WHAT KIND OF JUSTICE IS THAT. ITS NOT AT ALL . THEY TAKING THE WORD OF A PERSON THAT SAW NOTJHING BUT PRESUMED WHAT HE MAY OF HAD. I THOUGHT THINGS HAD TO BE PROVED NOT PRESUMED.I HOPE I NEVER HAVE TO GO TO COURT HERE BECAUSE YOUR NOT PRESUMED INNOCENT YOUR GUILTY NO MATTER WHAT. "

curiosity wrote on Mar 9, 2008 2:25 PM:

" To Gina's brother
You must be living in fantasy land to say some of the things you posted here. Maybe you don't know Gina as well as you say you do. A good mother? (2) of her kids are in DOC now and Travis still has to go to court on charges. All of this has happened since she was released from prison. I also don't believe that she was hit (12) with a baseball bat. Nobody could survive that. Also to say she has beaten her addiction to meth is absurd. A person who does meth is never cured. The urges are always there. They have to take it one day at a time and from some of the so-called girlfriends she hung out with, I don't think that is possible for her. Maybe you think that she was innocent of all of the Domestic Battery's she was found guilty of also?
Wouldn't it be nice if all fantasy's were true? "

 


New owners of Lincoln farm land plan to develop it

Illinois governor asks for help on FutureGen

Hazing continues on campuses, in organizations

Partnership was a primary goal for outgoing chamber president

Stew-Stras Renaissance fair benefits art club

Blagojevich tries to rally governors for FutureGen

Amtrak community leaders worried about upstate rail sale

Lawmakers hope for better in '08

Plans announced for land Lincoln once owned

Wilson takes break from retirement to act as Arcola interim superintendent

Parent company of Effingham printer granted bankruptcy protection

Coins commemorating Charleston’s Lincoln-Douglas debate available

Young Trust funds eight Mattoon projects

Weather inhibits efforts to remove deer from spillway

Chamber president to focus on buy local, sell global

Bee tests students' brain power

Abernathy's trial on meth charge postponed to March


 




©2007 Journal Gazette and Times-Courier, divisions of Lee Enterprises.    JG/T-C Do Not Call Policy    Privacy Policy    Contact Us
Tab
Content