The Fourth District Illinois Appellate Court issued a ruling today reinstating attempted first degree murder, first degree murder and aggravated battery charges against Marcy L. Oglesby. As a result, the Knox County State’s Attorney’s Office may proceed in its prosecution of Oglesby for allegedly committing these offenses.
On October 7, 2022, the remains of Richard Young were found in a storage unit in Maquon, Illinois. The State’s Attorney’s Office filed charges of concealment of a nonhomicidal death against Oglesby. After additional investigation, in February 2023, the State’s Attorney’s Office added the murder and battery charges. In March 2023, defense counsel filed a motion to dismiss the additional charges on speedy-trial grounds, claiming that the prosecution was not brought within the required 120 days. The compulsory joinder rule requires the State to prosecute at the same time and within 120 days charges that were known to the state and were a part of the same act. Knox County Circuit Judge Andrew Doyle granted Oglesby’s motion to dismiss on the grounds that he believed the compulsory joinder rule required the state to bring all the charges at the beginning and that the 120-day rule was violated. The State’s Attorney’s Office immediately appealed.
The appellate court ruled that the court erred when it dismissed the case. The appellate court ruled that because the concealment of a nonhomicidal death and the murder charges were not a part of the same act or action by the defendant, they were not required to filed at the same time. Specifically, Oglesby’s alleged poisoning of Richard Young was an entirely different act than hiding his remains in a storage unit. Therefore, compulsory joinder did not apply and Oglesby’s speedy trial rights were not violated.
A pretrial hearing has been set for January 8, 2024. Oglesby remains out of custody on pre-trial release.
The Knox County State’s Attorney’s Office is committed to making our community safe through evidence-based prosecution and equal justice for all. This means guaranteeing a fair process to obtain a just result for the victim, the accused and the community in every case. The defendant is presumed innocent of all charges.
***Courtesy of Knox County State’s Attorney Jeremy Karlin***
