Quincy man out on parole denied pretrial release after weapon possession, aggravated fleeing charges

QUINCY — A Quincy man arrested Tuesday and charged with unlawful possession of a weapon by a felon and aggravated fleeing to elude a peace officer has been denied pretrial release.

Collin G. Etter, 28, made his first appearance with Public Defender Mark Taylor in Adams County Circuit Court on Wednesday afternoon before Circuit Judge Tad Brenner.

Etter was released from the Illinois Department of Corrections on Feb. 20 and is on parole after serving time following his conviction on two theft offenses and one drug offense. He was arrested April 10 and charged with unlawful possession with intent to deliver more than 10 grams but less than 30 grams of cannabis, a Class 4 felony. He was given pretrial release after an April 11 appearance before Associate Judge Josh Jones.

Etter then was arrested Tuesday for having possession of a Taurus 9 mm handgun while having been convicted of a felony, a Class 3 felony punishable for between two and 10 years in prison.

Information in a charging document filed in Etter’s case said Adams County Sheriff’s Department Deputy Caleb Newell attempted to pull over Etter on Monday, May 10, for failing to yield as he was driving in his Dodge Charger, but Etter fled and disobeyed traffic signals at 20^th and Cherry, 20^th and Chestnut, 18^th and Chestnut and 12^th and Chestnut. Travelling at a high rate of speed, Etter then drove the wrong way down Fourth Street. The car he was driving eventually was found wrecked at the intersection of Fourth and Payson. The gun was found in a search of the car.

Etter, who was not seen at the location of the crash on Monday, was arrested Tuesday. The fleeing charge is a Class 4 felony, punishable for between one and six years in prison.

Assistant State’s Attorney Laura Keck asked for pretrial release to be denied because one of the conditions of Etter’s pretrial release in the April 10 incident was that he could not be charged with another felony offense.

“Considering all relevant circumstances, there is clear and convincing evidence that there is no condition or combination of conditions that will reasonably ensure (Etter) appears for court or that will prevent him from being charged with a subsequent felony or a Class A misdemeanor,” she said.

Keck added that the Safe-T Act does not allow for a defendant to be kept in the Adams County Jail “just because they’re out on parole and they commit a new felony,” so Etter was released on April 11.

“Now, a month later, he is now charged with another two felonies,” Keck said. “It is clear that Mr. Etter is just going to keep committing and being charged with new offenses. The question is: Are there any accommodations and conditions that will keep him from being charged with new felony or misdemeanor offenses? He is already on pretrial release … with virtually every condition the court can order — pretrial services, monitoring as far as alcohol substance abuse, and yet despite that, he’s now charged with two new felony offenses.

“His criminal history beyond the offenses that he’s on parole for include multiple other felony offenses including theft, possession of meth, criminal damage to property, residential burglary, resisting a peace officer. This is somebody for who there is no conditions. We give parole, we give pretrial release, we give him all of these options, and despite that, he’s charged with new offenses.”

Taylor didn’t dispute that probable cause existed for Etter to be arrested. However, he said that while Etter is charged with fleeing and possession of a weapon, he claims Etter never was found at the scene of the crash.

“The gun was not found in his possession at all,” Taylor said. “It’s not that he wasn’t even found in anywhere near the accident at all. He reported the vehicle stolen prior to this incident even happening. … No one saw him at the scene. He wasn’t viewed at the scene. No officer saw him driving by or anything of that nature. As a matter of fact, we have no absolute proof that that even happened.”

Taylor said he doesn’t believe Etter has reoffended since his April 11 charge.

“Had he been seen or somehow he could be tied to that car in any way on that particular day, I would say the state had a pretty good case,’ Taylor said. “As a matter of fact, he wasn’t even there when the car was found, and so because of that, it’s our position that he did not violate his pretrial release. He did everything he was supposed to do. When his car came up missing, he did the right thing. He called and told (Quincy Police) his car was missing. His car was subsequently found. What was found in that car?  Some of the things belonged to him because it was his vehicle, but the weapon was not his.”

In making his ruling, Brenner said no conditions of pretrial release would “reasonably ensure” that Etter would appear at later hearings.

“(Taylor) is absolutely correct. (Etter) is presumed to be innocent,” Brenner said. “In both of these cases, most of the defense argument was a strength. While the court can consider the strength of the cases, the state’s burden here is simply to show that the defendant was charged while on pretrial release with a felony or Class A misdemeanor, which is a very low bar in considering all circumstances of the more recent events.”

Public Defender John Citro was assigned to Etter’s cases. Etter’s next appearance in court is set for May 20.