Now Driving Online Now Hiring Online Home Seller Subscribe to the JG-TC
66°F
If you could add a contest to Bagelfest what would it be?
More
Bagel toss
Bagel eating
Bagel stacking
Bagel recipes
Bagel crafts
View Results
 


















 
Friday, October 31, 2008 10:27 PM CDT
Jury rejects self-defense claim in domestic battery case



CHARLESTON — A jury didn’t believe a man’s self defense claims and found him guilty on a charge of kicking a woman in the face.

Jeffery T. Gossard, 43, 204 Hillcrest Road, Mattoon, faces the possibility of a prison sentence of one to three years after the jury convicted him of a felony domestic battery charge. The jury also found Gossard guilty of driving while license revoked, also a felony, but acquitted him of a misdemeanor resisting police charge.

During the two-day trial, Gossard didn’t deny that he kicked the woman on Aug. 6, 2006, as he was accused of doing.

However, he claimed she started a fight and he was defending himself, and using that as a defense meant he could have been acquitted had the jury believed what he did was justified.

However, the jury apparently didn’t believe Gossard’s claims that he was able to kick the woman in her face while she was standing over him. The woman testified that she and Gossard were arguing but his attack was unprovoked.

The jury also heard the woman testify that she saw Gossard driving after the incident, and received evidence that his license wasn’t valid at that time.

That offense and the domestic battery were both felonies because Gossard has prior convictions for both offenses.

The jury returned a not-guilty verdict on the resisting police charge after hearing that Gossard didn’t see a police officer when the officer grabbed him from behind, indicating he might not have known that it was a police officer trying to detain him.

Circuit Judge Teresa Righter scheduled sentencing for Dec. 19.

Gossard is also scheduled to return to court next week on pending cases.

In those cases, he’s charged with violation of an order of protection, possession of a stolen vehicle and other offenses.

The jury deliberated about three hours Thursday before reaching its verdict. Assistant State’s Attorneys Kerri Davis and Tracy Nemitz prosecuted the case and attorney Todd Reardon represents Gossard.

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.


mindboggle wrote on Nov 1, 2008 8:45 AM:

" Whoa!, Did I see that correctly? Todd Reardon represented him and LOST?! Judge Righter will not be able to say that in all the jury trials Reardon handled before her that he never lost...as supposedly retired Judge Schick stated when he retired. "

Jo wrote on Nov 1, 2008 9:37 AM:

" Good job to the Assistant State's Attorney's! Another case where the victim does prevail in Coles County. "

tt wrote on Nov 1, 2008 10:24 AM:

" It was Judge Schick it was Judge Cini but thats ok because I like to see when Mr Reardon loses so much how is it that he is going to be a great S.A. with his record "

mindboggle wrote on Nov 1, 2008 2:43 PM:

" Oh, it was Judge Cini that just retired and allegedly made the comment about Reardon's record before him?...my bad "

85CHSGrad wrote on Nov 1, 2008 3:14 PM:

" In response to your blathering about Todd losing a case....
really what you are saying is that you are surprised the State's Atty's office won...LOL

Todd is a Defense Atty, and it is his job to provide legal representation to a defendant. I would like to think that the State's Atty would always have the "upper-hand" in all cases, or there wouldn't have even been any charges filed. There should be very few cases lost by our SA! However, that is not the case with our current SA. There are many cases brought before the courts with absolutely No Evidence! Hence the Nancy Campbell, Jonathan Garza, and Jason Abernathy cases. These proceedings on our taxpaying dollar is unacceptable!

""CHARLESTON A judge dismissed a theft charge against a Mattoon woman because evidence indicated her only link to the alleged victim was that they lived in the same building.

Nancy K. Campbell, 64, 217 Moultrie Ave., Mattoon, had been accused of stealing medicine and other supplies for diabetes from another woman on Oct. 29, when they both lived at the same care facility.

However, evidence at a hearing before Circuit Judge Teresa Righter indicated the medical supplies were discovered missing from a shopping cart in a hallway at the facility, where other people besides Campbell would have had access to them.

Righter agreed with arguments from Public Defender Lonnie Lutz, who represented Campbell, that there wasnt enough evidence that Campbell committed the crime for the judge to order a trial to take place. Lutz said no one saw Campbell take the supplies, and she denied that she stole them.
---
Can you imagine this older lady having to post a Jail bond, out of her Social Security check, when there was NO EVIDENCE? Because they lived in the same building?

How much do all these proceedings cost us taxpayers, just because Steve Ferguson can't tell evidence from speculation? Thank you Judge Righter for saving the taxpayers from the State's Atty's Office!!! No hard evidence!!! And was still trying to get a conviction.
If there is no evidence, and just pure speculation= DON'T CHARGE THEM!!!
--------------

Now in regards to Paul Komada and Steve Ferguson's policy for sentencing sex offenders preying upon our children...
---
Anthony Duane Bell, 25, of Humboldt was sentenced to two years in prison, followed by four years of probation for his conviction for criminal sexual assault, manufacture of a controlled substance and possession of a controlled substance. Bell pleaded guilty in July, admitting that he engaged in a sex act with a 2-year-old girl on Jan. 23, that he had prescription painkillers when he was arrested for that offense two days later and that he had methamphetamine on May 17. Police documents in Bell's case indicate he admitted to the sexual assault but claimed he was angry and accidentally committed an act of penetration on the girl while changing her diaper. Terms of his probation, which will start upon his parole from prison, included paying for any counseling the girl might need, no contact with child, counseling and fines and contributions to social agencies totaling $610. Victim 2 yrs old.

That sounds alot like a confession to me! The child wouldn't necessarily even have to testify. Use his own confession, parents testimony, police testimony, and a doctors testimony! And if that isn't quite enough to win, well when you offered probation and a 2 yr prison sentence you had already lost! Not to mention he was also charged with making meth!
------------
Jimmy S. Derixson, 22, 2008 Champaign Ave., pleaded guilty to reduced charges of aggravated criminal sexual abuse alleging he fondled a girl and had her and a boy fondle one another on May 2. At that time, the girl was 5 years old, and the boy was 4 years old.
The original charges were counts of predatory criminal sexual assault of a child that accused Derixson of engaging in intercourse with the girl and forcing her and the boy into intercourse as well. A conviction of those offenses would have required a prison sentence of six to 30 years... 5 year prison sentence! Not even close to enough time!
-----------------
Patrick C. White, 40, 812 N. 34th St., Mattoon, received the maximum probation term of four years for the sexual abuse charges to which he pleaded guilty in July.
White was accused of touching and harassing three girls, ages 12, 9 and 8, while they were outside his residence on May 9.

----------

PROTECT OUR CHILDREN!!!
Vote Todd Reardon for State's Atty! "

Rotty wrote on Nov 2, 2008 1:52 AM:

" Toddy must have left his magic wand & his fairy dust back at his office. "

zeldalu wrote on Nov 2, 2008 10:11 AM:

" I wonder if you guys have heard of pro-bono (or however it is spelled) I was in a jury once that had Todd Reardon as the defence attorney. It was a child preditor case and I am sure that Todd did not want to represent him either. So just give the man a break, he is just doing his job. I just sorry for the woman involved in this case. By the way, the defendant was found guilty in that case as well. He is currently serving life in prison. "

injustice85 wrote on Nov 2, 2008 11:01 AM:

" I'll admit the guys usually get the crap end of these but kicking a woman in the face is completely uncalled for no matter the circumstances, people don't know when to just walk away "

Jo wrote on Nov 2, 2008 5:51 PM:

" I am not surprised the ASA's won this case at all. The defense was a stretch to say the least and the SA's did a good job proving their case.

Just wondering, has every person on here sat through a jury trial to see the SA and the ASA's in action versus Mr. Reardon? (I know that you can't for Mr. Komada) If not, it is an eye-opening experience for sure. I know that this trial was.

I wish everyone would go to court and watch a jury trial where the people running for office could watch them in action. Some are very professional, others sneer and laugh at the victims while they are testifying. I have seen this first-hand and courtroom demeanor DOES matter. "

Rotty wrote on Nov 2, 2008 6:14 PM:

" Toddy promotes un-eco-friendliness with his mud-slinging.
Now, is this anyway to show how you are going to save the taxpayers money?
Shame on you! "

medic57 wrote on Nov 2, 2008 8:05 PM:

" Todd is a Defense Atty, and it is his job to provide legal representation to a defendant.

Then why is he running for States Atty.?


I'll admit the guys usually get the crap end of these but kicking a woman in the face is completely uncalled for no matter the circumstances, people don't know when to just walk away "


Maybe she was unhappy about thhe color he painted her house. "

Harry Potter wrote on Nov 2, 2008 9:20 PM:

" Here's a little secret that a lot of people don't know: One of the candidates running is not a very good attorney, when it comes to representing those he is hired to defend, he often doesn't bother to show up in court, and has been reprimanded more than once for his poor attendance. Besides that, he has a cheap haircut too. "

Dally wrote on Nov 2, 2008 11:26 PM:

" harry harry palmer,
u are just mad cause someone has called both you and fergie to task on the issues. the hell of it is, is that it isn't even toddy. Your nonstop, stupid, unproven and unfounded accusations towards him mean squat! Todd is a good man. Has more ethics than the other 2 combined, and stands a good chance of winning this election. like it or not mr.palmer, thats the way it is. LOLOLOLOL "

Dally wrote on Nov 2, 2008 11:56 PM:

" Besides that, he has a cheap haircut too. "


Todd has bad hair now? LOL
Ferguson have John Edward's hair dresser on call? LOL
That komoda guy is kind of nerdy looking himself.LOL "

Early Bird wrote on Nov 3, 2008 6:32 AM:

" Another domestic abuser defended by Mr Greenjeans. He sures associates with some classy people. If you spend most of your free time in the local gin joints trolling for business, that's the type of clientele you will get. "

pj1983 wrote on Nov 3, 2008 9:45 AM:

" beggars can't be choosers. mr reardon has chosen to have a practice in the area which makes it somewhat limited on the types of cases he can handle. we're actually kind of lucky that those are the only types of crimes we have. someone has to defend the low-life losers. if reardon manages to get the SA job, where will the criminal element go for representation? "

mommyof2 wrote on Nov 3, 2008 10:00 AM:

" I find it funny how you can state your opinion without seeing the evidence.I know the stipulations of this case. I would have NEVER thought the case would have went in that direction. The evidence was NOT there. If a person gets kicked in the face by a man with a size 11 shoe they should have some major bruising and bumps. She had a simple scratch. The case was all on he said she said. what a waste of taxpayers money!! "

mhsgal wrote on Nov 3, 2008 10:49 AM:

" seriously, I went to high school with the defendant. He's been a fighter and troublemaker most of his life and has a long history of abusing women if you look up his court records. "

mommyof2 wrote on Nov 3, 2008 12:16 PM:

" MEDIC 57...
A person never knows how they will respond when a female attacks them while sitting in a chair watching tv. Until you are in that situation you do not know. A womans rage cant be a battle when they are on the bottom and she is on top slapping and scratching you. What are your choices? You cannot walk away for you are at the bottom of the pile.You could try to push her off but with their fingernails and slapping it may be hard. I guess the foot would be the only way to get her off in some instances. If this was the case what kind of injuries should she have? She should have needed medical treatment ASAP. Oh that is right she went to the hospital days later. What mother would not rush their daughter to the hospital after being abused so badly? He filed for divorce and she tried to fight it?????? That is not the sign of domestic violence. He filed and was working on getting back with his ex-wife. She was the one who wrote the judge not to grant this divorce for this was not what she wanted! A womans scorn can make them do whatever deemed necessary to keep a child away from their father let alone the ex wife(married 18 years) whom she has despised since high school. There is always more to the story than the general public knows. "

Beaches wrote on Nov 3, 2008 1:01 PM:

" Do any of you know the defendant in the case? He's had a laundry list of problems with the law........the perfect client for Mr. Reardon - probably hangs out with him at the classier bars in town. "

I Care wrote on Nov 3, 2008 2:01 PM:

" Just look Gossard up on Judici. The other one is his SON. Like father like son.These two have been trouble for YEARS. The one in the paper now is the same man that ran the Western Lion dump we had to pay to clean up some years ago. Yet they keep getting away with it. Why is that?? "

Becky wrote on Nov 3, 2008 2:06 PM:

" U.S. Constitution: Sixth Amendment


Sixth Amendment - Rights of Accused in Criminal Prosecutions

Amendment Text | Annotations
In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the Assistance of Counsel for his defence.

Many of you make fun of Mr. Reardon for defending people in our courts. Mr. Reardon is an attorney at law. It's what he does. All are innocent until PROVEN guilty and all are entitled to a defense attorney. Anyone faulting Mr. Reardon for this is disregarding one of our fundamental rights as a US citizen. Whether you like Reardon or not is your choice. But to make fun of a defense attorney because that's what he does undermines our whole Constitutional system. "

mommyof2 wrote on Nov 3, 2008 2:42 PM:

" icare You really need to get your facts straight!! Joe Phebus and Richard Sheets owned Western Lion. Joe Phebus would be who sold it. Look it up. Good think your not prosecuting anyone.Second of all Todd's son has not been in trouble for 4 years. He has matured and moved on. It does happen believe it or not. I know the defendant very well and his son. I know the plaintiff as well. I know her past as well just because it does not make it to Judici does not mean it is not there. Get real you all like to convict people before they even go to trial.CORRUPT!!!!!!!!! "

mommyof2 wrote on Nov 3, 2008 2:45 PM:

" MHSGAL,

Show us the cases where he has a history of violence with women.You said with WOMEN and HISTORY...AGAIN get your story straight before you present it. Maybe you can get on as a prosecuter! "

medic57 wrote on Nov 3, 2008 2:52 PM:

" mommyof2

I guess that's why the jury decided like they did. "

mommyof2 wrote on Nov 3, 2008 4:10 PM:

" I don't think this case is over by far. It will be interesting to see what happens and if the judicial system really works like it should have. We have attorneys all over central Illinois laughing at what a disgrace this case is with the EVIDENCE that was presented. You are not guilty from previous convictions or from what your little small town bias is. It has to be facts. who filed for divorce out of these two? Check Judici...who faught the divorce? I heard the letter read at the divorce hearing. Why would someone beg to stay married to someone who they claim domestic violence with? does not make sense to me. He had moved on and was reconciling with his ex wife. (who he was married to for 18 years) explain the madness to me. "

Rotty wrote on Nov 3, 2008 4:30 PM:

" A barber gave a haircut to a priest one day. The priest tried to pay for the haircut, but the barber refused, saying, "you do Gods work." The next morning the barber found a dozen bibles at the door to his shop.

A policeman came to the barber for a haircut, and again the barber refused payment, saying, "you protect the public." The next morning the barber found a dozen doughnuts at the door to his shop.

A lawyer came to the barber for a haircut, and again the barber refused payment, saying, "you serve the justice system." The next morning the barber found a dozen lawyers waiting for a free haircut. "

 



City leaders ponder boundary changes

Outstanding Citizen nominations sought

'Heaven' awaits at Christmas in the Heart benefit

Potential Lake Land board candidates can now pick up petitions

Site to combine 'small town USA' with eco-friendly tourism

Reading proficiency jumps in Ill. middle grades

Chinese media say tainted animal feed widespread

W.Va. brothers convicted in pharmacy break-ins

'Eco-friendly' development under way

Springfield insider Cellini indicted

Two vie for Clark County circuit clerk post

Illinoisans flood polls, last day of early voting

Local business leaders evaluate economic crisis

Minneapolis, Boston papers get suspicious packages

Speeding car causes two accidents

Pair of Kansas referendums would bolster emergency services

Jury rejects self-defense claim in domestic battery case

Developers don't retreat from regional approach

Mother faces 10 tickets after Thursday crashes on Charleston Avenue

Halloween Balloon Fest in full swing

Early voting a record for Illinois

Windsor students make adequate progress on state tests

A future for FutureGen?: Mattoon coal plant backers see new hope in a new president

Poll: 1 in 7 voters still persuadable

Movie fest features EIU alumni enjoying success in Hollywood

Local band links up with national Patsy Cline tribute performer

Thursday accident was the second high-speed incident of the week

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