BLOOMINGTON - The wheels of justice stalled Wednesday after it was discovered a repeat offender awaiting sentencing on his 10th felony and trial on other charges was sitting in a prison cell more than two hours away.
Assistant State's Attorney Pablo Eves said overcrowding at the McLean County jail may have contributed to the delay in proceedings against Andrew Pinkston.
"It was just an absurdity of the industrial prison complex versus one single felony courtroom," Eves said after a long day in the courtroom.
Pinkston, 36, who was to be sentenced on a drug-delivery charge and start trial on another drug charge, instead was in Western Illinois Correctional Center in Mount Sterling. He was brought back to Bloomington in December for sentencing on felony traffic charges, but instead of keeping him here for his Jan. 30 sentencing, the sheriff's department sent him back to prison.
Eves said a space shortage at the jail may have prompted that move, but Sheriff Mike Emery disagreed.
"I don't believe it had anything to do with overcrowding. Once an inmate is sentenced, we transport them out," said the sheriff.
When it was discovered Pinkston was no longer in the county jail, Judge Scott Drazewski issued an order to have him brought back.
Eves delivered the order himself Wednesday morning to Logan Correctional Center in Lincoln. Prison officials in Lincoln processed the paperwork and faxed the order to the prison in Mount Sterling.
Derek Schnapp, spokesman for the Illinois Department of Corrections, said the transfer could not be authorized until the McLean County documents were processed by the nearest state prison facility.
Pinkston was sentenced last year to three years on previous convictions for obstruction of justice, attempted aggravated robbery, intimidation and driving with a suspended license. In December, he was brought back to be sentenced to another year in prison for felony traffic charges of driving with a revoked or suspended license.
He finally returned about 3 p.m. Wednesday to Drazewski's courtroom in the McLean County Law and Justice Center. The judge then sentenced him to 11 years in prison on the drug-delivery charge.
Police said he sold a controlled substance on Aug. 9 to a police source while on parole.
In handing down the prison term, the judge noted Pinkston had violated parole twice on previous felony convictions.
Eves asked for a sentence of 14 years for Pinkston, the maximum allowed under an extended term provision. He pointed out the defendant was in court on his 10th and 11th felony charges.
Pinkston also has violated prison rules against gambling and fighting since his incarceration, he said.
"Mr. Pinkston doesn't belong on the streets," said Eves.
Assistant Public Defender Ron Lewis asked that Pinkston not be given an extended sentence.
Pinkston "realizes he can't keep doing this. He realizes things have to be better for him in the future," said Lewis.
Following the sentencing hearing, a bench trial for Pinkston on possession of a controlled substance and illegal transportation of alcohol started at 4:30 p.m. One witness testified before the trial was continued until April 3.
An April 9 jury trial was set for Pinkston on additional charges of delivery of a controlled substance.
Pinkston will remain in prison until then.
Posted in News on Wednesday, January 31, 2007 12:00 am Updated: 2:46 pm.
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