Appeals court tosses probation sentence for operator of kennel where 29 dogs died
When DuPage County Judge Robert Miller sentenced a suburban kennel operator on charges stemming from a 2019 fire that killed 29 dogs, he acknowledged there was nothing he could do to prevent the owner from obtaining more animals once the term was complete.
So, Miller in 2021 handed down the lengthiest probation sentence he believed he could - totaling six years in all - to keep Garrett Mercado from having more than one pet until at least 2027.
But now, the 3rd District Illinois Appellate Court has overturned the sentence, saying Miller imposed too much time. The most Mercado should have gotten was two years of probation, the court ruled Tuesday.
Miller convicted Mercado in October 2021 on three misdemeanor counts of animal cruelty and six misdemeanor counts of failure to perform owner's duties (neglect). The charges came after a horrific January 2019 fire killed 29 dogs at the West Chicago kennel Mercado operated.
Authorities said that in 2017 and 2018 one of the dogs that died, Molly, was kept in a crate that was too small. Another, Magoo, was not given proper veterinary care. The body of Koko after the fire was found tethered to a bathtub so tightly that there was no way the dog could move. Mercado was not at the kennel the night the fire broke out.
Prosecutors had asked the judge to ban Mercado from owning dogs for the rest of his life, but Miller said he did not think he could do that on misdemeanor charges. Instead, he imposed three consecutive sentences: 20 days in jail and two years probation on one, two years of nonreporting probation on another, and two more years of nonreporting probation on the last.
That's not allowed, the appellate court said in this week's decision. The court ruled that any sentence couldn't extend beyond the maximum allowable for any Class A misdemeanor - in this case, two years.
“The applicable statutes do not allow for the consecutive sentences imposed here, and we are required to vacate them,” Justice Lance Peterson wrote.
DuPage County State's Attorney Robert Berlin, through a spokesman, declined to comment on the ruling. The spokesman said the office is considering its options, which could include appealing the decision to the Illinois Supreme Court.
Mercado attorney Harry Smith did not return a call seeking comment.
M</a><![CDATA[urconviction reversed
In other appellate news, the 2nd District this week reversed the first-degree murder conviction of an East Dundee man charged in the June 2020 killing of a man during an illicit gun sale in Carpentersville.
The court ruled that Kane County Judge John Barsanti was wrong to convict Devon Coleman on an accountability theory in the deadly shooting of Jordan Durr.
Coleman, then age 17, and Philip Walker, also 17, were alleged to have arranged to buy a gun from Durr at the Foxview Apartments. They and a third man, Joel Leitner of Tennessee, were charged with murdering Durr.
Authorities believe that Durr tried to rob the three, reaching into the car in which they were seated to grab the keys and then trying to pull Coleman out a passenger door. Authorities allege Walker then shot Durr, using a gun Leitner had brought, and ended up in the back seat during the struggle with Durr.
Barsanti convicted Coleman in September 2021, ruling that although he did not pull the trigger, he was accountable because he was participating in a felony crime when the shooting occurred. Although a jury acquitted Walker a month later, Barsanti declined to reconsider his decision or grant Coleman a new trial, and sentenced him to 20 years in prison.
The appellate court ruled that because the evidence in the Walker trial showed Durr was committing an armed robbery when he was shot, prosecutors failed to prove beyond a reasonable doubt that the shooting wasn't justified. And since Walker was not convicted, Coleman could not be guilty under the theory of accountability, the court said.
Sheriff, Uber team up
About 90% of the domestic violence and human trafficking survivors who receive assistance from the Cook County sheriff's office don't have access to a vehicle.
To change that, Sheriff Thomas J. Dart is teaming with ride-share company Uber to provide transportation and grocery deliveries to those survivors.
Through the partnership, the sheriff's Victim Support Services Unit will receive $10,000 in vouchers from Uber to provide free rides and grocery deliveries to survivors. Besides getting the necessities, the rides also will help the survivors seek counseling and employment.
“Too many times, just getting from Point A to Point B represents a significant barrier for survivors of violence,” Dart said in an announcement of the partnership Thursday. “Supporting survivors with these vouchers will give these individuals a sense of freedom and assist them in moving forward.”
Dining for a cause
Geneva police will don aprons instead of duty belts Tuesday to raise money for Special Olympics Illinois.
Officers will work as servers during the Tip-A-Cop event from 5 to 9 p.m. at FoxFire Restaurant, 17 W. State St. Part of the sales, and 100% of donations, will go to Special Olympics. There will also be a 50/50 drawing.
Tip-A-Cop is one of the fundraising platforms for the Law Enforcement Torch Run, which is a collaborative effort from officers across the nation to raise money for Special Olympics.
Do you have a tip or a comment? Email us at copsandcrime@dailyherald.com.