The Commercial-News, Danville, IL

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July 18, 2008

Family hopes others hear message

BY BRIAN L. HUCHEL

DANVILLE — The punishment was almost secondary to the importance of the message sent out during the sentencing of Jonathan Gallez.

The 23-year-old appeared in court Thursday afternoon for sentencing before Judge Nancy Fahey in connection with the 2006 death of Brandon Yoho.

His mother, Darlene, hoped the sentence would carry an important idea to other drivers in the county — responsibility for your actions.

“Maybe it will send a message,” she said. “Maybe they will learn.”

Yoho, 18, died after he was hit by a vehicle during the 2006 Fourth of July holiday weekend on County Road 500N east of County Road 650E near Olivet. His body was found in the roadway by people at a nearby party.

The terms of the sentence were a difficult question as both the prosecution and Fahey wrestled with what would be the appropriate punishment for Gallez, who pleaded guilty to charges of obstructing justice and leaving the scene of an accident.

Assistant State’s Attorney Larry Mills called the sentencing situation unique in his arguments. He recommended time in the Illinois Department of Corrections, but at the same time suggested to the court the possibility of probation and periodic imprisonment to the court as another option.

“Which is going to teach more?” he said, pointing out Gallez’s clean record and current attendance at Southern Illinois University at Edwardsville.

He added that time in prison “will not bring Brandon Yoho back.”

Fahey, after recessing to examine her notes and victim impact statements, returned a sentence of 30 months of probation and 364 days in jail at either the Public Safety Building or the facilities in Madison County where SIU-E is located.

With Gallez standing in front of the bench, Fahey explained she was “troubled” by the defendant’s actions after the accident.

Gallez — the only witness called to the stand — testified earlier in the hearing that he was receiving text messages and talking to two people while driving out to a party to check on his girlfriend. About a half-mile from the party, he felt a bump as he was looking down at a text message.

Word spread not long after he arrived at the party of a commotion down the road he had just driven. Following party-goers back down the road, Gallez said he saw Yoho’s body, but did not think at first it could have been his fault.

“It’s clear that after you returned to the scene of the accident you had to put 2 and 2 together and realize what happened,” Fahey said.

Mills pointed out during his cross examination of Gallez that the defendant originally lied to investigators about the accident.

When given a chance to speak to the court, Gallez offered apologies to his family and Yoho’s family “for any of the tragedy that has happened.”

Mills said it’s unknown whether Gallez hit Yoho while he was lying in the middle of the road or knocked him down with the collision.

Three family members accompanied Darlene Yoho to Thursday’s sentencing hearing. Speaking afterward, they felt the sentence issued by Fahey was appropriate.

“Somebody finally put some value on Brandon’s life,” said his aunt, Cindy Cunningham. “Somebody stood up for him.”

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