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Trial date set for Shawgo

  • Beau A. Shawgo, 38, of Percy

    Beau A. Shawgo, 38, of Percy
    RCSO Photo

  • Defense attorney C.J. Baricevic.

    Defense attorney C.J. Baricevic.

  • Defense attorney Justin Kuehn.

    Defense attorney Justin Kuehn.

 
By Pete Spitler
Editor@heraldtrib.com
Posted on 12/30/2016, 1:50 PM

A trial date has been set in the first-degree murder case of Beau A. Shawgo.

In a short case management hearing last Friday, Randolph County State"s Attorney Jeremy Walker and Shawgo"s defense team of C.J. Baricevic and Justin Kuehn set an April 17 start for trial proceedings to begin.

"The defendant filed for a speedy trial demand, which is 160 days because he"s out on bond," Walker said in a media interview after the hearing.

Speedy trial demands place time limits on cases - requiring the trial to commence within a set amount of days after the incident occurred.

Walker also stated that the defense has filed a motion for an affirmative defense of self-defense. According to online sources, "An affirmative defense must be asserted by showing that there are facts in addition to the ones in the indictment or information charging the defendant and that those additional facts are legally sufficient to excuse the defendant."

Shawgo, 38, of Percy, is charged with first-degree murder in alleged connection to a fight at the Hide-Away Tavern in Percy on Oct. 24.

The charging document states Shawgo allegedly struck 55-year-old Jeffrey "J.R." Welty, of Percy, in the face with his fist with such force "knowing such act created a strong probability of great bodily harm to Jeffrey R. Welty, thereby causing the death of Jeffrey D. Welty."

Welty, who was a member of the Percy Village Board, was taken to Sparta Community Hospital after the incident and later transferred to Barnes-Jewish Hospital in St. Louis, where he later died from injuries sustained in the altercation.

Shawgo was assigned a bond of $250,000 by Associate Circuit Court Judge Gene Gross on Oct. 27 and the 10 percent cash bond ($25,000) needed for Shawgo"s release from Randolph County Jail was posted by Shawgo"s father, Rick, on Nov. 28.

"That"s a big bond," Walker previously said, adding that he had asked for a $1 million bond for Shawgo. "Certainly in my time as a prosecutor, I can"t recall anyone posting bond to that amount."

According to online court records, Kuehn entered the case on Dec. 12 and is the second high-profile attorney on Shawgo"s counsel. Baricevic was defeated by Mike Bost for the Illinois 12th Congressional District seat in the Nov. 8 election and is the son of former 20th Judicial Circuit Chief Judge John Baricevic.

"I"m excited to be part of the defense team," Kuehn said in a phone interview with the Herald Tribune. "I"ve got great co-counsel and am looking forward to working with C.J."

Kuehn said he has worked with Baricevic before on other cases.

"We"re good friends and I have a great respect for his dad," he said.

Kuehn is also representing first-degree murder suspect London S. Williams, of Rockwood, with Williams"s trial set for Jan. 23. Williams is due back in court on Jan. 5 for the parties to discuss any pretrial motions in his case.

Court records in Shawgo"s case also show that subpoenas were issued to MedStar Ambulance, Sparta Community Hospital and Barnes-Jewish Hospital on Dec. 21.

That same day, a petition for release of medical records was filed.

Shawgo is due back in Randolph County court for another case management conference on Friday, March 3, at 9:30 a.m.