Major Cases

The following Letter to the Editor reflects my philosophy regarding victim inclusion in criminal prosecution:

“To Mike Walton: There are no words to describe your effective handling of this tragic [murder] case. You are an honorable man who spoke to us frankly about the process. Your objective handling of the facts resulted in the justice we asked for. Thank you! There is integrity, honor, respect and professionalism throughout the police department and district attorneys office” Fred Harris Jr. and Family, Quad City Times 1/30/04 letter to the editor

The following is a summary of some of the major cases I have prosecuted. By no means is it a complete list of the trials or crimes I have prosecuted. I have been involved in thousands of cases in my career.

If you have questions about these or any other cases please feel free to contact me.

Major Criminal Cases

Case: Michelle Jensen Homicide (co-counsel)
Conviction: Kidnapping 1st Degree/Murder 2nd Degree

Michelle Jensen was murdered by acquaintances who wanted her car to use in a robbery. She was a recent high school graduate and her murderers were classmates and friends. Six young men were convicted of serious charges arising from the crime. Three went to trial and were convicted of Kidnapping in the First Degree and Murder Second Degree. What will always stick out in my mind was the ruthlessness of the young men and the nonchalant attitude they had towards the murder of their friend.

Case: State v. Romeo Hardin
Conviction: Murder 1st Degree

Romeo Hardin was fifteen when he murdered Augustus Nance by firing several rounds through a window into the room in which Nance was standing. Speculation is that it was over a drug territory dispute. Nance had recently been released from prison after his own murder conviction was over-turned. Hardin turned down an offer of Murder in the Second Degree, went to trial, was convicted of Murder 1st Degree and is currently serving a life sentence.

Case: State v. Lawrence McCoy, State v. Chance Barnes, State v. Darryl McCoy
Conviction: Murder 1st Degree

Lawrence McCoy, Chance Barnes and Darryl McCoy were convicted of murdering Jonathan Johnson. Jonathan Johnson’s body was found in the back seat of his car in a parking lot. He had been shot, stabbed and beaten. The trials were separated and required three jury trials. Darryl McCoy’s conviction was later overturned when the Supreme Court decided he had been arrested by the police without probable cause and his statement could not be used in court. It was believed that Lawrence McCoy suspected Jonathan Johnson of burglarizing his residence.

Case: State v. Jason Christianson
Conviction: Murder 1st Degree

Tommy Dahlen was a paraplegic that was beaten to death with a tire iron in his apartment at the Lend-a-Hand in down town Davenport. No motive was ever determined for this brutal murder although robbery is a possibility. Jason Christianson was convicted of Murder 1st Degree and sentenced to life in prison.

Chad Enderle was convicted for the bludgeoning death of Greg Harris. Harris was found in his house several days after his death. It appeared Harris was asleep on his couch when he was attacked. Enderle was convicted of Murder 1st Degree and sentenced to life in prison.

Case: State v. Jeremy Essary
Conviction: Murder 1st Degree

The most emotionally difficult case for me. Essary beat his eighteen month old son to death. He had a history of abusing his other children. He claimed the son was found at the bottom of the stairs, presumably having fallen. Medical testimony was able to disprove this and the jury convicted Essary of the murder. He was convicted of Murder 1st Degree and sentenced to life in prison.

Case: State v. Robert Wilcoxen
Conviction: Kidnapping/Sexual Abuse of child

Wilcoxen lured a five year girl away from her mother at a park and sexually abused her. He was convicted of Kidnapping First Degree and Sexual Abuse. He is serving a life sentence without possibility of parole.

Case: State v. Jonathan Brown
Conviction: Voluntary Manslaughter

Jonathan Brown was charged with murder for the shooting death of Johnny Walker. The incident involved the sale of cocaine. Brown claimed Walker tried to rob him, a struggle ensued over the gun and Walker was shot. I am sure it was difficult for the jury to determine what occurred that night. The jury returned the lesser included charge of Voluntary Manslaughter.

Case: State v. Jonathan Mitchell (four separate trials)
Conviction: 3 counts Sex Abuse 2nd, 1 count Indecent Contact w/Child

A very difficult case that resulted in four jury trials. In my opinion Mitchell is one of the most dangerous child abusers I have encountered. He had a definite method of operation which he used with several girls typically around the age of ten. He was found guilty of indecent contact with a child involving one of the victims. In the case involving the most serious charges, the victim was very reluctant to testify and did not do well the first time. Although convicted at the first trial, the conviction was reversed and he had to be tried again. The second trial resulted in a hung jury. The third jury convicted him again, which was not reversed on appeal. He is serving a 75 year sentence.

Case: State v. Richard Johnson
Conviction: Attempted Murder

Richard Johnson attacked an eighty year old woman with a hammer. Miraculously she was able to fight him off and survived. She was a wonderful witness. It is surmised Johnson had a gambling problem and was trying to obtain funds. He was convicted of Attempted Murder and sentenced to 25 years in prison.

Case: State v. John Heberer (Blackhawk Hotel)
Conviction: Arson 1st Degree

Heberer and a companion had two rooms in the Blackhawk Hotel in downtown Davenport. They set up a methamphetamine lab in a bathroom. The lab exploded causing a major fire. Heberer and his companion left without telling anyone about the fire. If this had occurred at a different time of day I have no doubt there would have been fatalities from this fire. The case was built on circumstantial evidence but was a very strong case. Surveillance video was an important piece of evidence. He was convicted of Arson 1st Degree and sentenced to 25 years in prison.

Case: State v. Watson (numerous fires set in Kimberly Ridge Apartments)
Conviction: Arson 1st Degree

Watson engaged in a cat and mouse game with the Davenport Fire Department wherein he set numerous fires over several months at a large apartment complex. It was a very dangerous situation. The fire department was eventually able to put a strong case together and he was convicted. I remember the testimony of an elderly woman who had to be removed from her apartment through a window by ladder in the middle of the night. Watson was convicted of three counts of Arson First Degree and sentenced to 25 years in prison.

Case: State v. Jesse Brown
Conviction: Kidnapping 1st, Sex Abuse 2nd

Jesse Brown had a long history of abusing his wife and children. One evening he took his wife, her grandmother and their children by knife point from the grandmother’s house in Illinois. He threatened to kill them. He brought them to Bettendorf where he raped his wife in a motel room with the children present. He was apprehended by the Bettendorf Police Department as he tried to leave the motel. A very scary and dangerous situation was ended by the quick work of the Bettendorf Police Department. He was convicted of Kidnapping 1st Degree and sentenced to life in prison.

Civil Litigation Defense of Scott County

I have been involved in the legal defense of Scott County for many years. The County Attorneys Office has been able to provide in-house legal defense saving the county thousands of dollars in legal fees. Below are four major civil actions in which I represented the county.

Inmate Class Action v. Scott County Jail at U.S. District Court
$0 liability against county; $0 outside defense costs

Wilcoxen v. Scott County at Scott County District Court
$0 liability against county; $0 outside defense costs

Four female Correctional Officers v. Scott County at U.S. District Court
$0 liability against county; $0 outside defense costs

Audio Odyssey v. Scott County at U.S. District Court/Eighth Cir. Ct. Appeals
$0 liability against county; $0 outside defense costs