Byron man sentenced to 25 years in prison for predatory criminal sexual assault of two girls

OREGON — A Byron man who was found guilty three years ago of sexually assaulting two young girls in 2004 and 2008 was sentenced to a total of 25 years in prison following an emotional hearing in a packed courtroom at the Ogle County Judicial Center.

Duane Upchurch, 60, received the two consecutive 12 year, six month sentences in the Illinois Department of Corrections despite pleas from his attorney that lesser sentences were warranted based on his age, medical condition, and no prior criminal history.

But the two victims Upchurch was found guilty of assaulting tearfully told Ogle County Judge John “Ben” Roe that he had scarred them for life and was a “predatory monster” who should be put behind bars.

“How do quantify the impact of abuse,” one of the women asked while reading her written victim statement. “As an 8-year-old, be made me feel disgusting. I struggled with self worth, depression...crippling anxiety.

“He abused and traumatized numerous children. The justice here today will not fix the damage,” she continued urging Roe to put Upchurch “away from anyone he can harm.”

The other woman said Upchurch assaulted her numerous times.

“Duane Upchurch raped me on many occasions when I was 5-6 years old,” she said, looking at Upchurch as he sat with his attorneys.

On one occasion she said she was sitting with Upchurch in his green pickup waiting for his son when the assault occurred.

“I will never forget that,” she said.

Upchurch was found guilty in May 2022 of two counts of predatory criminal sexual assault of a child in 2004 and 2008, both Class X felonies, and two counts of aggravated criminal sexual abuse, Class 2 felonies, with both girls being under the age of 13 when the crimes occurred.

He was found not guilty of two counts of predatory criminal sexual assault – one in July 2005 and 2008 and the other in September 2004 and 2008.

He was arrested on Aug. 8, 2019 by Ogle County sheriff’s deputies following an investigation by the Ogle County Sheriff’s Office that began in March of 2019. He was charged in August 2019 for the offenses which prosecutors said occurred in September 2004 and 2008.

Upchurch posted bond and was released pending his trial in 2022. He has been in custody in the Ogle County Jail since he was found guilty.

Roe presided over the April 2022 bench trial and rendered his verdicts in 2023. Upchurch’s sentencing hearing was delayed several times for post-trial motions and responses.

About a dozen people were in the courtroom in support of the victims on Friday while approximately 21 came to show their support for Upchurch.

Victims testify

One of the victims told the court it took her 19 years before she could face coming forward about the incidents.

“The abuse and rape has shifted everything for me,” she said. “I’m telling my truth today to protect other children. He is a vile child predator. I am no longer a weak, scared little girl.

“This predatory monster deserves life behind bars. He has a sick and disgusting attraction to children,” she said.

A 28-year-old man, testifying for the prosecution as a witness in the aggravation phase of the sentencing hearing, said he was sexually assaulted by Upchurch when he was 5 years old. The man said Upchurch physically, emotionally, and sexually assaulted and abused him when he was left in his care when his mother was working.

“I was being victimized by Duane Upchurch,” he said. “He would take me into my room or his room or sometimes the garage. He found a way in private. He would cover my face with a towel and take my clothes off.

“I was 5 at the time and he was telling me to never tell anyone...or else. I was scared. As a 5-year-old I just knew that would not be OK if I ever did tell anyone. It was his way or the highway.”

The man said he finally told his biological father about the incidents on Christmas Eve 2003 and moved from the home where he resided with his mother and Upchurch and others. He said he spoke with deputies and the state’s attorney’s office about the incidents, but charges were not filed.

The man said he decided to contact the state’s attorney’s office now when he heard charges had been filed involving other children. “When I found out there were other victims I wanted to help,” the man said.

Upchurch’s attorney, Stephen Komie of Chicago, questioned the alleged abuse and suggested it had been introduced to the man after therapy sessions.

“Is that the first time you had these memories when you were in counseling,” questioned Komie.

The man said he did attend therapy sessions for the abuse. Komie questioned the man’s remembrance of details when he was only 4 or 5 years old and hinted that divorce proceedings had played a part in the abuse allegations.

“I remember a lot of what happened in that house,” the man replied.

“Do you remember what was on the table for your fourth birthday?” countered Komie, prompting an objection from Ogle County State’s Attorney Mike Rock.

“Argumentative,” said Rock, characterizing Komie’s questioning.

“Sustained,” ruled Roe.

Under redirect questioning by Rock, the man said he went to therapy after he told his dad what had happened.

Komie presented one witness in mitigation – Dr. Pedro De Guzman, a physician who examined Upchurch in the Ogle County Jail’s clinic in March.

Guzman, an internist, said Upchurch had high blood pressure and other health concerns that could result in a stroke or heart attack if not treated correctly.

When asked by Komie to give a prognosis for Upchurch, Guzman replied: “It would be a bad prognosis.”

“If he were to be sentenced to 10 or more years in prison,” asked Komie.

“I don’t think he would survive it,” Guzman replied. “He will progressively decline.”

Komie asked Guzman if he was recommending Upchurch be sent to a prison that has hospital services.

“Yes, but I think he needs more than that,” Guzman replied.

“You have no experience whatsoever with the care given in prisons,” said Rock to Guzman in cross examination, adding that Upchurch’s ‘conditions’ were not unusual for a person of his age.

Under redirect questioning by Komie, Guzman agreed that “medical care was generally not as good as it is on the outside”.

Komie then attempted to call four people to the stand to read written statements. Mitigation witnesses can provide testimonies during the sentencing phase of a criminal case in an attempt to offer insights into the defendant’s character and the circumstances surrounding the offense.

Rock objected to the individuals being allowed to read the written statements, arguing that they should be called as mitigation witnesses and be subject to cross examination.

Komie disagreed. “They just want to read their statements,” Komie told Roe.

“That is not proper procedure,” countered Rock, adding that state law only allows victims to read statements during sentencing hearings. “There is no statute for this – only for victims.”

Roe agreed with Rock and said the written statements could be given to him to review along with all other materials prior to making his decision.

Attorney arguments

Rock said lives had been forever changed by the actions of the defendant.

“They [victims] are haunted by what happened to them at such a young age,” Rock said. “He repeatedly raped them.”

He said the victims were “recounting the horrors” while Upchurch “focuses on multiple women who he says wanted to hurt him”.

“He takes no responsibility,” said Rock. “This defendant took away their innocence at a very young age. We demand that this defendant never had access to a child again.”

Rock recommended Upchurch be sentenced to 25 years in prison on each of the Class X offenses and 4-6 years on the other charges.

“We are well aware of the defendant’s age. The state does not want this defendant to be in the community ever again where he can perpetrate these horrors again,” Rock said.

Komie asked Roe to use sentencing guidelines from 2004 and argued that Upchurch had no prior criminal history.

“None exists,” Komie said adding that a pre-sentencing report had determined Upchurch to be a low risk to reoffend”.

“We all know he will not get the best care in prison,” said Komie, referring to Upchurch’s age and classification as a geriatric inmate. “The state has totally failed geriatric prisoners. Any long sentence is basically a death sentence.”

Komie said a charge of predatory criminal sexual assault of a child does not constitute a death sentence under Illinois law.

“That should be a factor in mitigation,” argued Komie. “There is solid medical evidence...there is good cause for a sentence less than 10 years.

“You have to balance both sides of this case,” Komie said to Roe. “There are 21 people here today to support Mr. Upchurch so he does not receive a harsh sentence.”

Komie asked Roe to attach Dr. Guzman’s medical report to Upchurch’s transfer papers. “He has a medical condition. The Illinois Department of Corrections needs to be aware of that to prevent him from having a stroke or heart attack,” Komie said.

When asked by Roe if he wanted to make a statement to the court, Upchurch declined.

Judge’s sentence

Roe recessed the hearing for an hour while he reviewed arguments, testimony and evidence presented at the hearing – including the victim witness statements and the written character statements.

He acknowledged that Upchurch had minimal criminal history. “He has led a law abiding life for a substantial time,” said Roe. “We did hear from victims that were here this afternoon and one other person. It’s all very relevant to me. There were powerful statements from the victims. I have to balance what is appropriate with what is just.”

“This was an emotional case from the start to the finish,” Roe continued. “I do know the defendant has a lot of support here... the state and what they represent - the people to my left the victims and interested parties. It’s a full courtroom.”

Roe said he read through the written statements submitted by Upchurch’s family members and friends.

“There’s been lots of harm done to them too,” Roe said. “I recognize that. And I weigh that with the lifelong trauma of the victims. And when I do so, this is what I believe is appropriate.”

Roe sentenced Upchurch to 12 years, six months in prison for each predatory criminal sexual assault charge – to be served consecutively – and 5 yrs in prison for each of the other charges, to be served concurrently.

“That will be a total of 25 years, served at 85%,” Roe said.

When released, Upchurch will be supervised for three years and must register as a sex offender for the rest of his life.

Upchurch will get credit for 1,077 days served in the Ogle County Jail.

Komie said he will be filing a post-trial motion. That hearing was set for 1 p.m. June 9.

As he left the courtroom, Upchurch looked to his supporters and said “I’ll be OK. I love you.”