Rochelle man gets probation on meth charge, stern warning from judge not to use again

OREGON – An Ogle County judge sentenced a Rochelle man to four years of probation Wednesday with a strong warning to quit “living two lives,” remain sober and focus on his family.

Darnell A. Wilson, 38, received his sentence after pleading guilty to possessing methamphetamine with the intent to deliver and entering into a plea agreement with the Ogle County State’s Attorney’s Office with no agreed-upon sentence.

Wednesday’s sentencing hearing included a tearful plea from Wilson’s partner to not send him to prison, an admission from Wilson that possessing and using the drug was wrong, and his apology to his family and the court.

“I know using drugs isn’t right,” Wilson said in a statement to Judge John “Ben” Roe. “Having it around the kids was wrong. I want to apologize to my kids, my lady, and I apologize to the county of Ogle and you, judge. This type of negativity should never have happened.”

Wilson originally was charged in April with three counts of possessing cocaine with the intent to deliver in a drug-free zone; one count of possessing fentanyl with the intent to deliver; one count of possessing MDMA, commonly known as ecstasy; and possessing a firearm without a Firearm Owner’s Identification card. The charges followed an April 9 search of his apartment by Rochelle police and the Illinois State Police.

The drug-free zone cited in two of the counts was Connolly Park, a public park in Rochelle that Wilson lived within 500 feet of when his apartment was searched.

“You are 240 days clean and there should be no reason you ever go back. You leave here today with a clear head. I don’t want to sit back and wonder what’s going on with your case, so I want you back here for a review to see how you are doing.”

—  Judge John “Ben” Roe

But in June, charges against Wilson were amended to aggravated possession with the intent to deliver methamphetamine, possession of methamphetamine with the intent to deliver, possession of methamphetamine, and possession of a gun without a FOID card.

All but the possession of 5 to 15 grams of methamphetamine with the intent to deliver was dismissed through the plea agreement.

Wilson’s partner testified that he was a good father to their children and watches them when she is working. She said he promised not to use illegal drugs again.

“If he was to be released, I don’t want anything in my house, around me or the kids,” she told the court tearfully. “To me, he’s the best father. I mean everybody makes mistakes. I know what he did was wrong and that not only hurt him, but the kids, too.”

She said the guns found during the search belonged to her, and she had a valid FOID card. “I don’t want the guns,” she said, telling Roe she would take the guns back to the store for a refund if Wilson were to be released back home. “I don’t agree with what he did. It’s been a struggle not only for me but for our kids, too.”

Assistant State’s Attorney Allison Huntley argued Wilson should be sentenced to prison, citing his history of substance abuse and contact with the criminal justice system.

“He knew that what he was doing in his house was illegal and he did it anyway,” Huntley argued. “There were two school-age children in the house, impressionable ages, and this [illegal substances] are all over the house. It is appropriate to send him to the Department of Corrections. It was a dangerous situation for the children and the community.”

Wilson’s attorney, Glenn Jazwiec, disagreed, arguing Wilson took responsibility for his actions and was willing to face the consequences.

“People sometimes have to admit they have a problem, and Mr. Wilson has accepted consequences for his act,” Jazwiec said, pointing to Wilson’s learning disorder, lack of education since the eighth grade and addiction as mitigating factors.

“He gets it, that this actions have placed him here,” Jazweic said. “He had a job. He did not have to do this. Is this a screw up? Absolutely.”

Jazwiec said Wilson had never been convicted of a felony, had completed probation requirements for a previous misdemeanor and was considered a low risk if sentenced to probation. He also said Wilson had been participating with counseling and addiction programs while being held in the Ogle County Jail for the past 240 days.

“Mr. Wilson understands what he did was wrong and he has already taken steps while in jail for his mental health and addition issues,” Jazwiec said. “He would like the opportunity to get a second chance to show the court he can be a better father.”

A sentence of probation would allow Wilson to continue to get treatment rather than being “warehoused” in prison, Jazwiec said.

“Mr. Wilson is a good person and deserves a chance to show he [can] complete probation,” Jazweic said.

Roe said he weighed all the arguments and elements in the case before rendering his decision.

“This is a tough case, Mr. Wilson,” Roe said. “People make very poor judgments when they use illegal substances. That’s why you are sitting here today.”

Roe said he had received letters from “a lot of people” in support of Wilson that included words such as “compassion, empathy, professionalism, reliable and respectable” to describe him. Some of the letters, Roe said, came from people who worked with Wilson.

“What I read here in those letters and what I hear today runs in conflict of the circumstances of this offense,” Roe told Wilson. “It appears to me that there are two different lifestyles going on. You were leading a law-abiding life.”

Roe said illegal substances, in this case methamphetamine, does threaten a community and is a highly addictive drug.

“I realize there is a difference of getting counseling when you are in custody and when you are not in custody,” Roe said. “What you were doing was destroying lives. You were using and your choices were not right. Dealing methamphetamine destroys peoples’ lives in many ways.

“You’ve had a lot of trauma in your life,” Roe continued, citing Wilson’s upbringing. “And now you have created trauma. End the cycle, or your kids – they are likely to end up sitting here, too. I’m going to give you the chance to be a father for your kids. I’m going to give you the opportunity to prove to this court that you can serve the community.”

Conditions of Wilson’s sentence include 300 hours of public service work, random drug testings, DNA testing and cooperating with any psychological or substance abuse assessments and treatments recommended by the probation department. A sentence of 180 days in jail was completed because Wilson had been held at the Ogle County Jail since his arrest.

Roe also ordered Wilson to report to him, in person, with a probation department representative in 90 days for a review. That hearing is at 1:30 p.m. March 12.

“You are 240 days clean and there should be no reason you ever go back,” Roe said. “You leave here today with a clear head. I don’t want to sit back and wonder what’s going on with your case, so I want you back here for a review to see how you are doing.”