Brenner disagrees with attorney’s assessment, gives Weems maximum of 30 years for murder under sentencing cap

QUINCY — Defense attorney Matt Wayman argued Friday morning in Adams County Circuit Court that Victor Weems, who had agreed to plead guilty to first-degree murder with a 30-year sentencing cap, was unlikely to re-offend and a “man committed to change, deeply remorseful for his mistakes.”

Adams County State’s Attorney Todd Eyler had a much different perspective, and Circuit Judge Tad Brenner strongly agreed.

Brenner sentenced Weems, 20, to 30 years in the Illinois Department of Corrections for the May 2023 shooting death of 47-year-old Dana Lawton, who was shot in the head while sitting on the front porch of a home at 1112 Jefferson. Weems must serve 100 percent of his sentence. He was given credit for 348 days in the Adams County Jail.

As part of the plea agreement, charges of aggravated discharge of a firearm, obstruction of justice/destroying evidence, causing a child to be endangered, home invasion, aggravated battery to a pregnant person, criminal damage to property and receiving, possessing or selling a stolen vehicle — all from incidents that happened in 2022 and 2023 — were dismissed.

Wayman said Weems’ criminal history was “minimal,” and his addictions to alcohol, marijuana and other substances — for which he will receive treatment in prison — impaired Weems’ decision making. He said Weems’ upbringing was “marked by significant hardship” as he grew up without a father and lacked guidance and support.

“The circumstances of this case are extraordinary and unlikely to reoccur,” Wayman said. “Mr. Weems acted in a moment of fear, believing he was protecting his friend. Witness testimony corroborates that he saw what appeared to be an immediate threat to his friend. His actions, while extremely reckless, were not born out of malice or premeditation.”

He said by the time Weems is released from prison, he would be at an age when people “statistically age out of crime.”  He asked for a sentence of less than 30 years.

“All of the research in this area shows that harsher sentences have minimal impact on deterrence in reckless and impulsive decisions like the ones in this case,” Wayman said. “(Weems’) behavior, while extremely reckless, was a tragic and misguided effort to protect a friend. To impose a lengthy sentence as a symbolic deterrent would ignore the unique context of this case and fail to address the root causes of his actions.”

Eyler seethed after hearing Wayman’s argument.

“I would respectfully suggest that the mumbo jumbo theoretical nonsense go back to the corner coffee shop or the cocktail parties where it’s common at,” he said. “The rest of us will continue to live and work in the real world. When it was suggested that ‘all the research shows,’ it doesn’t. That’s not the case.

“I’m confident that your honor knows, as well as I do and any half-educated individual knows, you can find numbers and studies to prove and support whatever you want. I don’t even know how many hundreds of people I could put on a list of people who are in their 40s, 50s and 60s who have not aged out of the system. It’s all good talk to justify the stiffs who write that crap. That’s not the real world.”

Eyler also jumped on Wayman’s depiction of Weems’ remorse.

“Where’s the profound remorse in these incident reports from the jail?” Eyler said. “This guy is smearing peanut butter on door handles. He’s flipping off jail correctional officers. He’s flipping off the cameras. He’s pulling his pants down to show his rear as he’s walking up steps. He’s trying to get another inmate, when he’s wiping his rear on the toilet, to throw it at a correctional officer as he’s walking by.

“Sounds like profound remorse and respect to me. Sounds like he’s learned his lesson.”

Eyler also referred to a sentencing memorandum filed Friday morning by Wayman that claimed Weems acted “instinctively” and intended to stop a moving car and protect someone when he fired three shots.

“Those words jumped out. ‘Acted instinctively,’” Eyler said. “I have never reached for my gun to shoot at a moving car to keep somebody from getting hit or to protect somebody.”

Eyler agreed to the sentencing cap to prevent the victim’s family from going through a trial.

“I can hear people after this is done today suggesting, ‘I can’t believe you agreed to a cap of 30 years, Eyler. That guy ought to rot in prison and be there for the rest of his life,’” he said. “You know what? I don’t disagree. I don’t disagree at all. I think he should probably spend the rest of his life in prison. But we have a duty, not only to getting whatever sentence we can, to also help a family, to help the victims. I can’t imagine the ongoing pain and suffering that (a trial) would cause.”

Weems was involved in an altercation in the parking lot at the LaGondola Spaghetti House at 12th and Jefferson and fired shots during the incident. One bullet traveled more than a block and struck Lawton, who sat on the porch swing at the 1112 Jefferson home. Weems eluded law enforcement for more than seven months before being arrested in January 2024.

Weems said he made a “terrible, reckless decision” and has taken responsibility for the consequences during his statement in allocution.

“Every day I think about that night, how much it left such a devastating tragedy,” he said. “I carry that weight with me, and I will carry it for the rest of my life. I never intended to hurt anyone. What I thought was an act to protect my friend turned into something else I could never imagine.

“When I am eventually released, I want to live a life that honors the memory of Ms. Lawton and proves that I have learned from this tragedy. I want to be a better son, a better friend and a better person. My hope is to contribute positively to society, to support others who may be struggling and to rebuild my life in a way that reflects accountability and growth. … I will not waste this opportunity to change, and I will do everything in my power to live a life that makes amends for the harm I have caused.”

Trisha Hubbard, victim witness coordinator for Adams County, read victim impact statements for two of Lawton’s children.

“I wonder if you even thought about what you were doing when you pulled the trigger.” Steyvan Lawton-Logsdon wrote. “Did you stop to think about the lives you were about to shatter? Did you care about the family you were tearing apart? I will never understand your actions, and I can never forgive the choice you made to take her from us.”

“(This is) a life we are forced to live now,” Saydie Kirby said. “There is nothing in this world that will bring our mother back. There is no amount of time that will ever be good enough for (Weems’) punishment.”

Brenner noted that Weems could have been sentenced for a minimum of 45 years in prison.

“We are here because Mr. Weems chose to have a firearm illegally,” Brenner said. “He chose to load it illegally. He chose to carry it illegally. He chose to carry it to a place where he knew there was going to be an argument or dispute among various young people. When someone got a soda or drink thrown on them, that’s when the firearm came out. … Is that a reason to pull a gun out, let along pull the trigger three times. I cannot see that as strong provocation.

“This isn’t taking a gun to a knife fight. This is taking a gun to a verbal argument.”

Brenner said he could not agree with Wayman’s analysis that Weems’ criminal history was “minimal” or his argument that Weems did not contemplate that his conduct would cause physical harm to another person.

“You pull out a gun and shoot at or in the direction of a running car with occupants, knowing that there are people in the car,” he said. “How do you not contemplate the possibility of serious physical harm to someone? This is a textbook case of transferred intent. Dana was not the intended target. That doesn’t matter.”

Brenner also disagreed with Wayman’s contention that Weems is unlikely to commit another crime, referring to Eyler’s jail reports.

“(The reports) indicate someone incapable of following rules,” he said. “This indicates he is likely to commit another crime. Deterrence is certainly something the court considers when people, particularly young people, get a hold of a gun. It is cool. They can’t just have it for protection. Mr. Weems was flashing the gun. There were pictures of him with the gun. He wanted people to know he had a gun. It’s not good enough to keep it in the bedroom drawer. It has to come out, and it got used. Unfortunately and tragically, Dana died.”