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Judge's gaffe cuts sentence in drug case
By Edith Brady-Lunny
eblunny@pantagraph.com
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BLOOMINGTON — Kevin Thornton proved to a McLean County judge Friday that he understands the law and in the process, he was awarded two years’ credit on his prison term.

Thornton argued that an error was made during his sentencing in December 2005 by retired Judge Ron Dozier.

The inmate contended Dozier failed to inform him that a three-tear term of mandatory supervised release was part of his sentence for selling drugs.

Judge Scott Drazewski agreed with Thornton that the oversight entitled the defendant to credit for 741 days — the number of days that have passed since Thornton was sentenced to six years in prison on Dec. 16, 2005. With day-for-day credit for good behavior behind bars, Drazewski’s ruling means Thornton could leave the Robinson Correctional Center within the next two weeks, after paperwork is completed for his release, according to Januari Smith, spokeswoman for the Department of Corrections.

“He will be released. The judge ordered it and we have to follow it,” said Smith.

Thornton was scheduled to be released in March 2008.

Before the hearing started, Thornton asked the court for permission to represent himself on his motion, known as pro se, and defense attorney Keith Davis was allowed to withdraw as counsel.

In his arguments, Thornton cited an Illinois appellate court ruling relevant to his case.

Assistant State’s Attorney Matt Lee told the court that an early release for Thornton would allow the inmate to serve less than the mandatory minimum for the drug conviction.

Thornton’s only remaining option, said Lee, was to withdraw the guilty plea he offered in 2005 and ask for a trial date on the original charge.

After issuing his ruling that credited Thornton with two years on his sentence, Drazewski urged the Bloomington man to use his intellectual skills to avoid criminal behavior in the future.

“It’s been a pleasure to deal with you. People have a right to proceed pro se. You’ve conducted yourself professionally. You obviously have a keen mind,” said Drazewski.

Outside the courtroom, Lori Johnson, who identified herself as Thornton’s fiancée, and family members danced and hugged each other after the hearing.

“He did an awesome job. He did all the motions himself,” said Johnson.

Johnson said Thornton learned about the appellate court decision in discussions with other prisoners. He filed the McLean County motion in June, she said.

Family members said they will celebrate Thornton’s freedom but will not overlook the mistakes he has made that landed him in prison four times.

They said he plans to start work with a construction company.

Thornton’s mother, Dackquice Jones, said “I’m really proud of him.”

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Reader comments on this story - 20 total

Note: All views and opinions expressed in reader comments are solely those of the individual submitting the comment, and not those of the Pantagraph or its staff.

Your cuz in ATL..... wrote on Oct 1, 2007 9:48 PM:

" That's what's up cousin, now prove all the non-believers out to be wrong. Hopefully you will get out and do the right thing!! Life is not over and it is not too late to make a change for the better. Yes, he pleaded guilty but they made a mistake so shame on them!!! Just make good use of this time and know that it is only the grace of God this has happened. I am living proof you can turn your life around regardless of what you've been through. The choice is yours. Make the right one. "

from your cousing in Springfield wrote on Sep 30, 2007 1:09 PM:

" Good looking out for yourself cousin! Keep your head straight when you come home and put God first! Once things settle down come holla at us in Springfield! Chicia- "

To FYI wrote on Sep 29, 2007 7:17 PM:

" You have no idea of what you are talking about. The lawyer that was let go did NOTHING for Mr. Thornton, He did it all on his own so unless you know all of the facts.......... Please HUSH!!!!!!! "

To Whom It May Concern: wrote on Sep 29, 2007 7:15 PM:

" If you do not know all of the facts one should not speak. Mr. Thornton has not been in prison four different times. He does not like to carry guns nor did he hurt anyone. Being a drug dealer does not make him out to be the bad person the person who is purchasing the drugs where are they now. Mr. Thornton's only crime was being in with the wrong crowd. As far as turning his life around Mr. Thornton has done that and as far as where will he be in a year let me tell you.... He will be with a construction company, married and having a child, and being an upstanding citizen. So if you have any bets going on wether or not he will be going back to jail. My bet is on Mr. Thornton as NO he will not be. Instead of saying something bad, one should say a prayer. God Bless. "

Fair? wrote on Sep 29, 2007 6:31 PM:

" How is it fair that a drug dealer gets three years chopped off his sentence just because he wasnt told he was going to be on parole. Too many technicalities. Maybe the previous Judge should have done his job and we wouldnt have to hear about this. Lets see a follow up story a year from now and see if this four time felon has become a productive member of society............... "

Wise Judge wrote on Sep 29, 2007 4:19 PM:

" Three cheers for Drazewski. He recognized the legal situation and responded correctly. Fair is fair. He sees a lot of idiots in his courtroom pro se and appreciated a guy who had done his homework. Thanks, Pantagrapph, for publishing these kinds of stories. "

You must be wrote on Sep 29, 2007 2:35 PM:

" the same idiots that cheered when OJ was found not guilty. This guy has been in prison 4 times and the only thing he has learned is how to find a loop hole in the law to get out early. Did you not read that he was found guilty. Do you not understand that he actually committed the crime. I hope he moves in next door to you... you seem to want to elevate him to folk hero status. "

Unbelievable wrote on Sep 29, 2007 11:11 AM:

" This is a four time felon and now we are praising him for representing himself and spending time learning the law. If he knew the law, he would not be a four time felon. Take it a step further, not only is he involved with drugs, he likes to carry a weapon. And guess which construction company will be hiring him. Can we say excavating I bet. Shame on the employer who hires him and exposes the other employees to his nonsense. I bet there is some real liability exposure to hiring a known four time felon. Where is the 3 stirkes law in Illinois? My prayer is that he turns his life over to the lord before he hurts more people. "

JUST FYI wrote on Sep 29, 2007 11:10 AM:

" This is no great accomplishment. They have fill in the blank forms available in the prisons for these types of situations. If a guy can order off a menu he can accomplish what this guy did. "

Diane Cook wrote on Sep 29, 2007 9:34 AM:

" Take your intellectual skills and make good of your life. Now is the time to turn your life around. Kevin this has been a long and winding road and now it time to put God first in your life. Auntie "

Not Justice wrote on Sep 29, 2007 8:09 AM:

" Not justice. Please. A technicality shaves time off a sentence on a four time felon. Like he didnt know he was going to have parole. Justice would be him serving his entire sentence and not getting out early because he wasnt told about parole something he obviously knew about having been to prison multiple times. That is not justice. And then the Judge who shaves the time off appears to gush and praise over him? Just great. That is not justice. An oversight. Maybe he will turn his life around but time will tell. "

Too bad wrote on Sep 29, 2007 7:59 AM:

" Too bad he chose to be a career criminal, he'd of made a good attorney. "

the problem is our laws wrote on Sep 29, 2007 7:48 AM:

" You can't always blame the judge. After re-reading this article it still doesn't make a whole lot of sense. There are just too many loopholes in our laws, mainly added to protect those who are overwhelmingly guilty. There was no doubt in this case that the accused was and is guilty of a very serious crime. I would like to know what this Thornton's previous record was- how long do you think a clever ex-con with a "keen mind" is going to be satisified with a job as a construction worker? Don't be surprised if this guy's name appears here again, and soon. "

Wow! wrote on Sep 29, 2007 7:22 AM:

" He's smarter than his lawyer AND the judge! Sad he was wasting his life selling drugs. He might make a good lawyer. If there is such a thing. "

No, He won't... wrote on Sep 29, 2007 6:53 AM:

" ...have to give up his life of crime. He can always become a lawyer. "

here's an idea..... wrote on Sep 29, 2007 6:10 AM:

" don't sell drugs in the first place, and it's not an issue...... "

To my Baby wrote on Sep 29, 2007 5:30 AM:

" I love you and I am very proud of you. Hurry Home.... "

Oh But the State Doesn't Make Mistakes wrote on Sep 29, 2007 2:40 AM:

" just ask them and they will tell you that. I hope John Q. Public is paying attention on this as it is one of thousand of cases where these legal eagles fail miserablly. I just wonder how many of these errors are done purposely? Judges have too much power and there are no checks and balances in place to oversee their work. To keep the system from getting cluttured with frivilous suits is one thing, but a person spending one day in prison longer than he should, needs to be monitored closely. "

A Friend wrote on Sep 29, 2007 1:08 AM:

" Good job Kevin. I wonder how many other errors Dozier made? "

Good for him wrote on Sep 28, 2007 11:53 PM:

" Hopefully, he'll make a new start and aggressively get his life in order. Sounds like he did good work on his behalf, in the courtroom. "
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