Brian Childers has been denied pretrial release in Tazewell County, a week after a Peoria County judge ruled he should be released on charges stemming from the same incident.
Childers, 45, of Leighton, Alabama, is facing separate charges in Tazewell and Peoria counties for allegedly fleeing during a traffic stop and pointing a gun at a Peoria police officer.
In Peoria County, he is charged with aggravated assault on a peace officer, aggravated unlawful use of a weapon, resisting arrest, possession of methamphetamine and traffic violations.
The Peoria County State’s Attorney’s office filed a petition to deny Childers pretrial release, but Judge Mark Gillies decided to release him with electronic monitoring. In response, Peoria Police Chief Eric Echevarria expressed his frustration over the decision in a hastily called news conference.
Childers was then arrested Friday on a no bond warrant issued by Tazewell County.
Childers was charged in Tazewell County with armed violence and two counts for possession of methamphetamine. The Tazewell County State’s Attorney office filed a petition to deny Childers pretrial release.
Childers appeared in person Thursday afternoon. In a motion to dismiss, the defense argued the charges in Peoria and Tazewell counties stemmed from one long incident and the case would fall under collateral estoppel. That’s a doctrine that protects defendants from being tried on the same crime in different trials.
The prosecution argued the incidents were connected, but were separate crimes. Assistant State’s Attorney Cassie Mullikin said since the charges were not identical, the doctrine did not apply.
Judge Chris Doscotch denied the motion to dismiss.
The court heard testimony from the officer who originally attempted to pull Childers over and who engaged with him when Childers allegedly pointed a gun.
The officer testified he witnessed Childers fail to use a turn signal and fail to yield the right of way, which prompted him to attempt to pull Childers over. He said he used lights and sirens, but Childers did not stop.
He said in accordance with department policy, he did not pursue. He later saw Childers in a parking lot and pulled his squad car next to Childers.
Body camera footage was shown of the incident. The officer asked Childers to get out of his car. When Childers did not, the officer pulled his gun and asked again. It’s then that Childers allegedly pulled his gun. In the body camera footage, a man appears to say that he also has a gun.
The footage is shaky and hard to see as the officer moved to cover behind his squad car. Childers then fled the scene.
WCBU filed a Freedom of Information Act request for the police report and body camera footage pertaining to the incident. The Peoria Police Department denied that request in its entirety, citing an ongoing investigation. WCBU is appealing the denial to the Illinois Attorney General Office's Public Access Counselor.
The affidavit of probable cause from Tazewell County states that during the investigation, officers had spoken with a friend of Childers, who said she asked him to drop her off because he was driving recklessly and appeared to be intoxicated. She said that he always carried the gun with him.
She then said he was staying at the Par-A-Dice Hotel in East Peoria. Around 10:05 a.m. police verified Childers was staying at the hotel and spotted him exiting the hotel. Officers drew their firearms and ordered Childers to the ground. The court documents said he stood in place for 2-3 minutes, but eventually complied.
Officers found the handgun and methamphetamine on his person. They also found more methamphetamine in his hotel room.
Judges have limited leeway for ordering pretrial detention in Illinois. Judges consider a series of factors, such as whether the person is dangerous, or if they might not appear for their court date, when making the decision.
Judge Doscotch said he considered the severity of the Tazewell County charges that include a Class X felony for armed violence, and Childers potential as a flight risk since he is not a resident of Illinois.
Childers can appeal the decision to detain. His arraignment in Tazewell County is scheduled for 2 p.m. April 11. His arraignment in Peoria County is scheduled for May 2.
