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|Mabry Receives Sentence for Attempted Murder Identical to First Trial
|A Galesburg man convicted of multiple felonies will be spending the next two decades in the Department of Corrections.
Knox County Circuit Court Judge James Stewart Wednesday sentenced 41-year old Jerry Mabry to 12 years on a first degree Attempted Murder charge, 10 years on a Aggravated Criminal Sexual Assault charge to run consecutively and a concurrent two-and-a-half year sentence on a Unlawful Restraint charge, after an attack on a woman inside her Mulberry Street home back in 2004.
Mabry had been convicted before in a trial for the same crimes which were later tossed out due to suspected juror misconduct. Stewart said Wednesday that the sentence he handed down was limited to a maximum of the sentence given out last time, although he said he would sentence him to a greater amount of time if he could.
Mabry represented himself during both trials, although he was represented by public defender Jim Harrell for the post trial motions. Harrell called Mabry to the stand during the sentencing to talk about what he's been doing while housed in the DOC. Mabry told the court he was taking college level courses in English, Spanish, and reading while teaching others in G.E.D. courses. Mabry later read what he called a defendant impact statement saying he wanted to apologize to the victim, and it was wrong to hit her and he was an example of someone in the right mindset for the wrong person. Mabry says he has fully forgiven himself.
Knox County State's Attorney John Pepmeyer read a victim impact statement that said her life has changed dramatically and that the victim's daughter, who she says saved her life, lost her innocence that day. Pepmeyer read in the statement that she is having trouble sleeping and eating, has lost her home, and has ongoing medical issues. She says she's reminded of what happened every time she looks in the mirror.
Mabry is getting credit for almost 5 years already served, and must serve at least 85 percent of his sentence.
Earlier in the day, Stewart denied a motion for a new trial in the case.
|05 27 09 by Newsroom
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