Streator gun, drug charges to be reinstated

A La Salle County judge last year threw out a Streator man’s gun and drug charges over a speedy-trial violation. Now, James Forbes is headed back to trial and could face up to 15 years.

An appeals court ruled Monday there was no clock violation in Forbes’ case. The Third District Appellate Court reversed the dismissal of his felony charges. La Salle County prosecutors mean to put him on trial again.

Forbes was charged July 20, 2022, after drug agents raided his residence and seized purported crack cocaine, fentanyl-laced heroin, a pistol and about $3,000 cash.

Forbes was on trial early the next year when Chicago defense attorney Charles Snowden said Forbes’ right to a speedy trial was violated. By Snowden’s math, Forbes had been in custody 139 days before he stood for trial. The U.S. Constitution guarantees a right to trial within 120 days.

Prosecutors said Snowden’s math was wrong. Assistant La Salle County State’s Attorney Jeremiah Adams said it was Snowden who caused the delay. Snowden had phoned the prosecutor’s office a few days before Christmas 2022 and asked to move the case, citing bad weather. Any delay by the defense, Adams said, doesn’t count.

“That delay is attributable to Mr. Snowden,” Adams said. “Period.”

But Chief Judge H. Chris Ryan Jr. was unmoved by the case law prosecutors presented in support of their argument – and didn’t think there was an apples-to-apples precedent in support of their case.

Ryan further noted he was “not quite sure” when the clock restarted and acknowledged the possibility the appeals court might second-guess his decision to throw out Forbes’ charges.

“If I’m wrong, I’m wrong,” Ryan said then.

The appeals court decided Monday Ryan was incorrect. In an unanimous opinion written by Justice Liam Brennan, the appeals court agreed with the state’s math and said Forbes was on day 103 when the trial began.

“Therefore, the court erred in granting (Forbes’) motion to dismiss because no speedy-trial violation had occurred,” Brennan wrote.

New court dates are pending in La Salle County Circuit Court. State’s Attorney Joe Navarro, reached Tuesday by telephone, said his office is waiting for a formal, binding order from the appeals court – a mandate, in legal parlance – before Forbes can be placed back on the trial call.

“I read the opinion and I agree with the appellate court’s decision that there was no clock violation,” Navarro said. “I’m just relieved that it’s back in court and we’ll take it from there.”

Snowden did not immediately respond to a Tuesday message asking whether he would appeal the newest ruling to the Illinois Supreme Court.