4 years for mentally ill man who fractured teen's pelvis outside Batavia Library
Indicating she feared for the public's safety, a Kane County judge Friday sentenced a 38-year-old mentally ill man to four years in prison for pushing a 13-year-old, 75-pound boy to the ground outside the Batavia Public Library, breaking the boy's pelvis.
Russell R. Jenkins of Batavia, who suffers from a schizoaffective disorder, was on his medication and complying with terms of probation from a 2015 domestic conviction when the July 6, 2016, attack occurred.
Judge Linda Abrahamson acknowledged the 13-year-old was picking on Jenkins outside the library when he charged the teen and knocked him to the ground.
"Can you be assuredly safe in the community?" Abrahamson asked Jenkins. "At this time, I don't have that assurance."
Assistant State's Attorney Mark Stajdohar said Jenkins was eligible for a prison term of up to 10 years because of previous convictions. Stajdohar pointed to Jenkins' past record of violence, including a 2015 case in DeKalb County in which he punched his sister in the face, breaking her orbital bone, and then kicked her five times after she fell to the ground.
Stajdohar said the 260-pound Jenkins got probation, counseling and anger management classes as a result of that conviction, but could not control himself and shoved the 75-pound boy in last year's attack.
"(Jenkins) was learning better behaviors, but this offense still happened," Stajdohar said, adding a six- or seven-year prison term was needed to protect society. "He very clearly cannot control his anger. We now have a boy who has a broken pelvis, whose life has been ruined because of this defendant."
Assistant Public Defender Kim Bilbrey said Jenkins' mental illness does not excuse what happened but helps explain his actions. Bilbrey said Jenkins tried to avoid the teen by hiding in the library bathroom and calling his mother for a ride.
"This was a situation that escalated and caused my client to overreact," Bilbrey said. "This was not (Jenkins') intention. His intent was to get away from a child who would not leave him alone. He feels terrible about what happened."
Bilbrey argued that prison was no place for Jenkins - who has been held at the Kane County jail since his arrest on July 6, 2016 - and that probation and more treatment were a better solution.