Special prosecutor needed for Sycamore teen murder case, says judge

Office of newly elected DeKalb County State’s Attorney Riley Oncken represented teen briefly on his murder charges, says judge

Kaleb D. McCall, 17, of Sycamore, had just started his senior year at Sycamore High School when he died after a stabbing Thursday, Sept. 7, 2023. His death is being investigated as a homicide by the Sycamore Police Department, and a classmate, 15, is charged in McCall's death.

SYCAMORE – Court proceedings for a Sycamore teen, 16, who will be tried as an adult in the 2023 fatal stabbing of his classmate Kaleb McCall were delayed Wednesday after a judge said a special prosecutor must be appointed to avoid a conflict of interest with the newly sworn-in DeKalb County State’s Attorney.

DeKalb County Circuit Court Judge Joseph Pedersen was expected to rule Wednesday on an appeal filed by the teenager’s defense attorney, Jim Ryan, to contest the adult charges. Pedersen last month ruled the teen will face trial in adult court at prosecutors' requests, saying in his ruling he didn’t believe a six-year juvenile sentence was adequate punishment if convicted. The teenager could face decades in prison if convicted as an adult.

Pedersen’s expected ruling on a defense appeal was delayed because prosecutors have since filed a motion to hand off prosecution to someone outside the office of newly elected State’s Attorney Riley Oncken. Oncken was sworn into office Monday.

“It indicates there’s a conflict of interest because the minor at one time was represented by the now state’s attorney’s prior law firm and there’s a conflict,” Pedersen said of the motion. “And the proposed order provided by the state’s attorney’s office indicates that the state’s attorney’s appellate prosecutor be appointed or requested to accept appointment.”

Pedersen asked lead prosecutor Scott Schwertley the status of that appointment.

“They said they weren’t able to tell us who will be appointed to the case until they have the order,” Schwertley said.

The teenager – who authorities have not publicly identified as of Wednesday – appeared alert via Zoom from River Valley Juvenile Justice Center in Joliet, where he’s been held without release since his September 2023 arrest.

He’s charged with first-degree murder in the killing of 17-year-old McCall, who died from a single stab wound to the chest on Sept. 7, 2023. If convicted as an adult, the teenager could face at least 20 years in prison, or a maximum sentence of 60 years.

Oncken’s Sycamore-based private law firm represented the teenager briefly on his first-degree murder charge before Ryan was appointed to represent him, prosecutors said.

Court filings in juvenile cases are sealed to the public and to Shaw Local News Network. The filings likely won’t be made public until Pedersen has heard Ryan’s appeal of his client’s transfer to adult court. If Pedersen’s ruling holds, the teenager’s court records could be unsealed.

Pedersen has granted Shaw Local limited access to cover the juvenile court hearings.

McCall, who had just begun his senior year at Sycamore High School before he was killed, was remembered by loved ones as kind, funny and hardworking. He worked at Culver’s with his grandmother. He enjoyed bonfires, skateboarding, fishing, playing video games and being with friends, his obituary said.

In October, Pedersen ruled in favor of prosecutors' request to transfer the 16-year-old charged with killing McCall to adult court. Despite the teen’s assurances to his juvenile detention center counselor that he was willing to participate in sessions and other activities, Pedersen said during his ruling that the teenager “continues to act violently,” during his stay as he awaits trial.

The teen’s next hearing is set for 11 a.m. on Dec. 11.

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