JENKINS NOT GUILTY OF FIRST DEGREE MURDER
RICHLAND CO.—The jury in the case against a Houston man charged with murdering an Olney thug was able to cut through the crap tonight and return a verdict of NOT GUILTY of First Degree Murder in the shooting death of local thug Michael Scott Earp.
The verdict was announced returned at 8:20 pm, about three hours twenty minutes after the jury was handed the case by Judge Larry Dunn.
The bands we all wore through the duration of the trial. We turned them inside-out so nothing would be "displayed," which seemed to work when the deputies wanted us to remove them and we would NOT.
Jenkins, 35, a directional oil well drilling tool consultant and salesman, sat quietly and somewhat humbly, as was his demeanor all along throughout the ordeal (which began last Tuesday with a two-day jury selection) as the jury foreman read the verdicts. The first verdict returned was “not guilty” on the charge of First Degree Murder, which stated that Jenkins, on November 20, 2011, shot Earp knowing his actions created a strong probability of Earp’s injury or death.
An addendum to that charge was that if Jenkins were found guilty of the murder and it was the direct or proximate result of his discharging a firearm, there would be an additional 25 years tacked on to a 20-60 year sentence. The jury made sure and announced that the “state did not prove that Jenkins discharged a firearm.” In other words, what Jenkins said was true: Because of the struggle between him and Scott Earp, and because Earp had his hands on the gun, Jenkins simply didn’t know who actually pulled the trigger. And the state, not doing even basic examination of Jenkins’ or Earp’s hands, didn’t investigate to the point that they could make that definitive statement.
The second returned verdict was “not guilty” of Unlawful Use of a Weapon. In other words, in this charge, if the jury found not guilty, that means Jenkins used his weapon LAWFULLY—to protect himself against the advancing menace of Scott Earp—and used it in a manner consistent with self-defense. Because he was not guilty of this charge, he was also not guilty of Aggravated Discharge of a Weapon and Aggravated Battery with a Weapon (meaning it was okay that he fired a shot off into the distance when the crowd began advancing on him….and, most importantly, HE DID NOT SHOOT CHRIS ARTEBERRY.) That part is remarkably key. The state, as we’ve noted, put on NO EVIDENCE to show that Arteberry was shot: no residue, no medical attention, no hole in his shirt. The grand jury just took his word for it last December. And David Hyde, Richland’s prosecutor, expected the jury to just “take his word for it.” They did not…and the whole thing was moot.
One of the alternative charges presented to Jenkins that he could be charged with and found guilty of instead of the Agg Discharge or Battery charges was Reckless Conduct. The jury did find him guilty of that count—a Class A misdemeanor.
Jenkins accepted that with great aplomb. He also accepted a bond of $25,000 ($2,500 cash) on the charge, was allowed to travel outside the state of Illinois but not outside the country (he has to give up his passport), must report to Richland County probation by phone only, not violate any law, is not to have any contact with witnesses or persons named in the indictments, and must return back to Richland on August 24 for a status on the misdemeanor.
Instead of doing something to restore a modicum of credibility to his name, his office and his capabilities as a prosecutor, David Hyde didn’t take any kind of steps to allow Jenkins to simply plead guilty to the misdemeanor right there, pay a fine and go home (or dismiss it, which would’ve been the wide thing to do). Instead, when it came time to reduce bail (from $3.5 million/$350,000 cash to $25,000/$2,500 cash) and John O’Gara, Jenkins’ defense attorney, made a motion to reduce, Hyde actually objected to the bond reduction on the misdemeanor, meaning he was asking the $3.5 million to stay in place for a minor crime that he has never even bothered to charge his boays, the Earp idiots, with, even though they’ve beaten people to within an inch of their lives. If any of you are aware of an attorney in the area who would like to run on the Democrat or Independent ticket against Hyde this fall, there is still time to caucus your party or circulate petitions. It’s time to get this man, who has proven by his actions and inaction to be a worthless piece of human feces, OUT OF OFFICE AND OFF THE TAXPAYER TEAT.
The Earp crew, represented by a few stragglers (including Tori deWeese and Breanna Trout, but minus the Earp mother, as she was thrown out Tuesday after a fit), were uncharacteristically quiet when the verdicts were read. Jenkins was escorted by a huge police/state trooper/deputy contingent across to the sheriff’s department first, where he was allowed to post bond. His family was escorted second. The rest of us were allowed to leave after the Jenkins crew were safely in the sheriff’s department. We do not have photos of the Jenkins family, a lovely group from all over Texas. We figured they needed to be with Brandon uninterrupted. However, we did talk to his Marine friends down in Houston to give them the good news, and a big shout-out goes to them.
This case is a blistering indictment on the ineffectiveness of David Hyde and those he had “investigating” the case. Had it gone the other way, Jenkins could very well have been murdered and his murderer still running around free, terrorizing his ex-girlfriend and her current boyfriend and creating the kind of havoc that ilk has done, as was testified to on the stand yesterday. It’s time to clean house in Richland County, and everyone needs to be aware of the seriousness of this. Send these posts and newsblasts and podcasts to everyone you know. Most importantly, pick up the current issue on stands, which is a lead-up to the trial….and don’t miss the next issue of Disclosure, on stands beginning next Monday.
Congratulations Jenkins family…may God bless and keep you as you take Brandon home.
Short URL: http://www.disclosurenewsonline.com/?p=12640
Posted by Angela Howser
on May 2 2012. Filed under Breaking, Richland.
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A few thoughts and questions:
(1) I am convinced more than ever that the corruption does include Police, States Attorney’s office, and the Judges chambers with the decision to require this kid to be back in toilet town in August. Dunn had the authority to simply say time served and didn’t… where, oh where is the Attorney General’s office and when oh when will the investigation and indictments start raining down.
(2) Gotta believe Hyde probably perjured himself with slanting the truth to the Grand Jury. When he objected to reducing bond, wanting $ 3.5 million for a class A misdemeanor, he cemented himself with the title of Supreme Dumbass. I made the joke in the past week but in all seriousness B.J. O’Neil is light years more competent than Hyde to be the States Attorney. Operating out of fear is not a defense for Dereliction of Duty. Where is the BAR and what are they doing to protect the public by allowing this cluster fu_ _ to continue on.
(3) GREAT, GREAT Job Jack and Ang, this kid would be preparing to head to prison for at least 40 years if the two of you did not keep this in front of the public. The Richland County puppet this past week must have been written by cub reporter Hyde. Slanted against the truth and a radio dip-shit actually reported that Brandon was a truck driver… I shit you not.
Questions:
(1) In a civil suit can a judge be named along with Hyde individually along with their offices? Gawd I hope so.
(2) What are the chances that perjury charges are forthcoming? Rerun, and everyone else that took the stand that lied to the Grand Jury need to be tried and if guilty need to be incarcerated. Again, where in the Hell is the Attorney General’s office.
(3) What’s the over/under Flavius finally goes to the pen for the intimidation charges? Do you think until then he will kick his game up a notch from rock throwing to arson?
(4) Thru the Freedom of Information (I know its an oxymoron in RC) do you think you will be able to get the tab for this dance? I think the public deserves to know what Hyde’s fear of the Earps he empowered cost the taxpayers, David deserve some credit and notoriety for is intellectual genius.
I know the 2 of you are exhausted and are humble but Brandon is rightfully free, albeit not completely yet like he should be, thanks to your discernment and work the past 6 months not letting this die and allowing Brandon be railroaded.
Well Done Jack and Ang!
absolutely agreed 100%!
Thank god there are some sane people up there in Olney. Thank you Jack Howser for presenting the truth. Brandon is a great kid that we have know for 20 years and anything less would have been a total miscarriage of justice. With any luck the rest of those thugs will get what is coming to them.
Happy in Houston!
Got that right. He’s always been a good kid, earns an honest living and respects his fellow man. Welcome home!
One last note for the hometown thugery. You roll like a gang because you have no sack. Momma should be ashamed. You caused the confrontation and now there is one less punk in your pack. Wise up if you can get it through your little bitty pea brains. Go ahead to Facebook if you can remember how to spell it and post some more threats. The law applies to everyone including you…..you pieces of dung.
By the way, Hyde should be recalled if anyone can’t be found to run against him. What a piece of worthless humanity he is.
I am so happy & thankful that this is FINALLY over for Brandon Jenkins & his family! KUDOS Mr. Jenkins for standing your ground & not taking any kind of plea! THANK YOU FOR YOUR SERVICE TO PROTECT OUR BEAUTIFUL COUNTRY & PEOPLE IN IT!!! I pray that although you were just protecting yourself against these thugs, in time you will realize that all of Southern Illinois is not like this! We have alot of beautiful places, scenery & people who live here that has kept you & your family in our thoughts & prayers! Once again, KUDOS & hats off to you for your strength & courage through your horrible ordeal!!! May God Bless you & your family in every way possible!
Jack & Ang, what can I say other than I knew you would come through for the Jenkins’ family along with the rest of us! MANY KUDOS to both of you for such great coverage, information & keeping us all up to date with everything! God Bless you & your family! Thank you so much!!!!
Lets give a shout out to the jury too for wading through the muck and seeing the truth, thank God! Although I still cant see protecting your own life as reckless conduct.
Whats amazing is that the idiots believe their lies to the death, and just can’t understand how the jurors let him go. Even with all the evidence that destroys their testimony, they’re just too dumb to believe it. Or they are just too arrogant.
Great news for my friend Brandon and the good folks of Olney. Pathetic that you’ve had to live in fear of such hillbilly, roided up girl dogs! Sorry that it came to this but Twirp got what was coming to him. For God’s sakes, keep them out of the gene pool! Lookin forward to visiting with you tomorrow. Tim the Tool Man in the Great State of Texas!
Sounds like the Jenkins’ caravan likely hauled ass and GTFO of Richland County in The Land of Lincoln…’er, rather The Land of Nincompoops f-a-s-t (if I was properly reading between the lines.)Maybe keeping sharp eyes peeled on the rearview mirrors?
Had a few thoughts: an ISP escort to the State Line would’ve been a nice touch (but probably didn’t happen.)
Also thought how nifty if someone had arranged a surprise stop ahead, safely distant AND had arranged for Brandon and his Missus to occupy a swanky Bridal Suite at some impressive hotel, heh, heh, heh. With champagne and all the trappings.
(An old duffer can dream..right?)
Hopefully a Geographical Cure and being back in the Lone Star State and away from Little Egypt, (sometimes whispered about as Little Chicago), can give Mr. Jenkins some peace and ability to draw a restful breath.
Those brave men and women of the jury, who did their duty, and reside locally, however, now may not live the same as before. Aspects of this after-trial-fact potentialities came up during voir dire. Let us (literally) pray DIRE things do not happen to the videographer neighbor and jurors. Bless them all!
Courage is Fear that’s said its prayers, they say, and IMO the Truth Tellers are a brave lot, indeed.
Demanding at the minimum a $25,000 bail (and getting it) seemed a mite bit “pouty-baby” from my point of view, but an agreeable enough amount, I reckon, when you consider that there was a desire for retention of the three million dollars figure. Especially after The Asker of That Amount sat through proceedings, and unless brain-dead should’ve discovered the mettle, character, ethics and moral fiber of the defendant.
Three million dollars? Ummm…hold that thought?? Might be a starting amount for the settlement that Mr. Jenkins ought to see for being dragged center stage and shoved into a role as the star player in a long-playing, abomination of local drama in justice run amok and the incredulity of non-investigation practices.
IMO this doesn’t feel like The End, but merely finishing a chapter which ends on a cliff-hanger, begging one to turn the page and discover more drama. Alas.
I hope The Texans will have a few good So IL people they consider Honorary Texans!
Stay tuned? It ain’t over ’til the Fat Lady Sings. And IMO…she ain’t even crawled out of the sack and so much as yawned to loosen up her pipes.
Wow…this case has been so crazy it’s hard and sad to think it could even happen. But it did and now I hope justice really prevails and Hyde gets locked up or at least fired! He should be sent to jail for six months. He is the one I find guilty for making a our criminal justice system disfunctional. I feel sorry for the good folks in Richland County if he still has his job today. He is scum and should not get paid a cent of taxpayer’s money. Sad situation as it took this case to bring to light the misjustice Richland County has dealt with during his term. Congratultions Brandon! Come home to Texas! Great Job Disclosure crew and many thanks for keeping justice on track!!
The State of Illinois guidelines for misdemeanor sentencing are very clear. No more than 364 days in jail. He already served 6 months, which is probably more than he would of served with good time, etc. in Richland County. Someone please explain to me how the judge then re-sets a bond, he was already found guilty of this misdemeanor. Don’t you set a bond to insure an appearance in court? Richland County courts seem to be playing by someone else’s rules.
That’s what I was thinking. Dunn did announce the 364 days. If any of them had had any sense, they’d have declared “time served” and gone on with it. But by this time, Rands was out of the picture (he was the only one on the prosecution side MAKING any sense, albeit sense based on utter fabrication) and this was all Hyde’s bailwick. If ever we needed a reason to get that man off the public teat, THIS IS IT!!
Do you think Dunn is trying to broker a future chamber deal with the defense, dismiss this Bull Shit Charge in exchange for not bringing a Civil suit against RC?
Gotta wonder, TL. I can’t fathom it. If he were going to do that, though, he should have pulled Hyde aside, told him “you can object, but I’m letting him go on the misdemeanor anyway” and have been done with it. He did not. I don’t get it. Things might become clearer in the days to come, but I’m not holding my breath on it.
See my comment above point # 1. If Dunn thinks he can make political hay and be promoted by presiding over this capital murder case then with the exception of Hyde his new title should be the Honorable Assistant Supreme Dumbass ….. Hyde has cemented the Supreme Dumbass title, call him the Jim Brown, Michael Jordan, Ty Cobb of Dumbasses. Definitely on the Mount Rushmore of Dumbasses.
When this case is reviewed by the Attorney General (I hope) then Dunn needs to testify under oath why he allowed the case to continue after O’Gara requested for quick judgement (I forgot what the legal term was). Otherwise it appears Larry can sleep with his eyes open, if he has not already pulled Hyde into his office and told him to drop the misdemeanor then these boys along with Andy and crew, and Rick and his circle (sorry retirement isn’t an out, your watch is still in play) smell less like the roses and more like the fertilizer.
Keep the pressure on them, because RC by pursuing this case and with all the perjury that shook out has slid-den out on the thin ice beyond the ability to get back to safety. Can the public petition for the Attorney General to review this case along with all the other “dismissed” felonies brought on by team courthouse?
B is FREE!
Jack, I did just a cursory search and couldn’t find anything. What provisions are available to recall/remove Hyde? Is that type of mechanism reserved just for cases where the S.A. is convicted of a crime?
You simply can’t get rid of a prosecutor except to get him voted out. We explored that with Brian Shinkle for six YEARS down in Edwards. Those idiots have more civil immunity than anyone, because they’re the ones who actually have to “charge” someone with a crime, and in the case of a not-guilty person, they are effectively LYING about a person (since they are innocent until proven guilty) until they prove him guilty. So they’re civilly immune to the max.
Therefore, our focus should be on getting an attorney into this county who will run against him this fall. There’s still adequate time to find one and get him on the Dem ticket or as an Independent. That filing is done in August. The circulation of petitions needs to be done NOW. The Illinois State Board of Elections has all the specifics. Time to DO IT. Let your outrage fuel you, folks!!
If I remember right, State’s Attorney is the only elected county-wide office which does not require that a candidate reside in the county for which they are seeking office. Just a thought…
That is correct. And there are qualified attorneys in all the counties bordering us: Edwards, Wayne, Clay, Jasper, and Lawrence. Please, folks…use your outrage to get out and caucus. See if you can find someone willing to do it. We can’t get a Republican candidate in there (at least, not openly; he or she would have to run as an Independent….but then again, Hyde is Republican in name only, as are most Republican officeholders in this damned county), so that matters little.
HELP US…HELP OUR KIDS….HELP OUR GRANDKIDS AND GREATGRANDS….WE CANNOT TAKE FOUR MORE YEARS OF DAVID HYDE. THERE MUST BE A CANDIDATE WILLING TO RUN PRIOR TO AUGUST’S DEADLINE. HELP US MAKE IT HAPPEN!!
Ahhhh – I “think” Hyde lives/lived in Lawrence Co.? I wondered how he got away with that. Seems like he is from the Flat Rock area?
We were under the impression he was from Effingham….did he work up there at one time? We’re seriously wondering where he came from.
I’m fairly certain I remember it being mentioned early on in his “tenure” that he was living up Rte. 1 somewhere. Maybe Pinkstaff? You know, there is more than a glancing resemblance to another favorite Lawrence Countian, Jess Angle… Girths certainly match. Could it be that they’re brothers from different mot… No, couldn’t be.
WOW… I am so glad it is over and very excited for the Jenkins family. I have been on pins and needles listening to your podcast and reading your articles about the trial. I wish I could have been there to support my friend, but someone had to stay and hold down the fort here in Houston
. I thank you for a job well done reporting this and allowing me to be there in some sense. I also want to send appreciation to the citizens of Olney who supported the Jenkins family thru this nightmare, those that testified and the Jurors who were brave enough to be on the panel and make the right decisions. It was a brave thing you all did and my prayers to you and your families that you remain safe and strong. I have hopes that this will be a turning point for your town and that things will start to get cleaned up.
In response to HillBillyHeaven1, yes they did get an escort and they were very much so watching their backs. As for his home coming, don’t you worry we do things big in Texas and he will be getting a BIG TEXAS WELCOME HOME!!! Truth be known it will probably last a month or more, he has Thanksgiving, Christmas, his birthday, his anniversary and others to make up for.
Lastly, to anyone who would like to try this. Below is a link you might find interesting. I have a friend who used to work for this division and I know it has worked. Hopefully it can work for you if anyone would care to contact them. Jack & Ang, I think you have more than enough documentation to take to them. http://www.fbi.gov/about-us/investigate/corruption/public_corruption
GOOD LUCK to the good citizens of Olney, from a friend in Texas.
Hey, jjb…SEND PICTURES! We wanna see what you wonderful Texas folks do for welcoming home a fine Marine, family man, decent citizen and friend. We SO wanted to talk to Brandon but things were done so lockstep for his safety that we didn’t try to get through to him….we just wanted everyone to get home safely. Take care down there…& thanks for reading!!
Thanks for the head’s up, jjb. Glad to know the Jenkins’ family actually DID get an escort. I felt it was certainly warranted.
Pictures of future reunions and celebrations would be appreciated, well-received, and enjoyed by many in these parts, I’m sure.
And IMO it’d be a nice lil’ stick in the eye to the liberal gun-grabber types (losers, not even necessarily low-lifes!)who side with the Urps and are crawling out of the woodwork as blips on various area forums where this has gotten a dribble of coverage, the brainwashed who haven’t a dram of respect for the 2nd Amendment.
Hopefully the nightmare passes quickly for Brandon Jenkins. After being locked in a cage, he may jolt awake for awhile and have to assimilate he’s safe at home and not in the Gray Bar Hotel, three hots ‘n a cot, that cannot BEGIN to compare with Texas Cooking!
Nice to know he realizes he has unmet friends in Southern Illinois, first and foremost, the Howzers.
BTW thanks for the link.
I was so excited about Brandon’s NOT GUILTY I couldn’t sleep. I honestly hope he can continue with his life and enjoy time with his family and frieds. I’m sorry that this happened to someone who seems to be an amazing person.Please let Brandon know he did have alot of support in Olney
My best friend called me to tell me the outcome. I was just about asleep when she called me but I ended up taking 1/2 a tylenol pm to help me go to sleep because I was so wound up and excited! I was just happy to hear justice was served!
jjb_texas,
Thank you for your comments and statements. Brandon, wife and son has missed so much. It was so freakin great to hear his voice last night.
Yep Texas is going to throw one heck of a welcome home party!!! I may just have to bring the wife and myslef down for this. Great time it will be!!! I have missed coming down there and seeing them!!!!
After that..I have already put the standing offer and will not take no for a answer.. for the three of them to get up here to Utah…the Rocky Mountains and doing nothing be relax and enjoy the view. Horses will be ready as well the ranger for them. You love it up here and you know it, so let’s do this!
Prayers were heard and answered.THANK YOU LORD, AMEN.
Jake and Ang THANK YOU FOR ALL YOU DID FOR THIS WONDERFUL FAMILY AND THEIR FRIENDS. I can not say thank you enough for your efforts and what you did..HELPED BRANDON AND HIS FAMILY.
You two are OUTSTANDING!!!
WELCOME HOME MR.B….WELCOME HOME!!!
I am so happy that Brandon is back home! I grew up in South Texas (Houston and San Antonio) and it has been hell to watch this family go through this. I just hope the family and friends of The Jenkins know that most of us up here are not like the Earps, their groupies or the authorities up here. Most of us are law abiding citizens who have to deal with these morons!
Thank you Jack and Ang for keeping us up to date with all this information. If it wasn’t for this site, your facebook and your paper I would still be confused on what actually happened.
…way to go Brandon, so sorry that being right cost you and your family so much…even sorrier that these instigating inbred thugs and the ass headed incompetents prosecuting this baseless case didn’t have the common sense, courtesy, or class to just send you on your way… since their collective lack of balls and wisdom will seemingly require you to come on back…why don’t you invite some supporting armed Texans to come along with ya for support …I wish you and your family well, and look forward to following the civil suits you will be filing and their subsequent financial awards to you and yours…
http://www.olneydailymail.com/news/x1942604097/Jenkins-acquitted-of-first-degree-murder-guilty-of-reckless-conduct
I have a question about this… why would he thank the crime lab? They did nothing that I can tell from everything that has been said and done.
THAT is a puzzler!
Maybe he’s thanking them for being in existence…so he can make people think he’s thanking them for doing something, somewhere, at some time, maybe not in Olney, maybe not in Richland County….but simply, they are on the same astral plane as he is.
I know that’s flippant, but then….so was David Hyde, for even bothering to show up at the trial at all.
Jack I read the article from the link of the Daily Puppet where Hyde wanted to keep the bond on a Class A at $ 3.5 million for Jenkins ….. do you have anyway of knowing what Hyde agreed to for bond on Flav’s most recent charge, or do the Earps have it waived for being “Valued Customers”? Regardless his comment will not play well in the Civil Case I gotta believe. I hope you can find out what this case cost the taxpayers from November 20th to the present, David deserves all the credit and the public needs to be aware
We’re working on obtaining that dollar amount as we speak. All that effort so Hyde can…what? Save face for the Earps? Why? There’s a big chunk missing here….and I’m going to find out what it is.
Jack and Ang are you going to do a Podcast after the last day of the trial and everything since?
I was so happy to hear the not guilty verdict for Brandon Jenkins.I feel justice prevailed for our Texas friends and fellow Americans.Once again Jack and Angela went the extra mile,and it was obvious while keeping up with this case the last few months.I want to thank Disclosure and staff for their ongoing support of our 2nd ammendment rights,a very rare thing in todays liberal gun hating media. JOB WELL DONE DISCLOSURE !!!
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