Foul-mouthed Yohn dragged out of court one last time; judge upholds 130-year sentence as case goes to appellate court

QUINCY — Circuit Judge Roger Thomson denied on Friday afternoon a motion to reconsider or reduce the 130-year sentence he gave Bradley Yohn on Sept. 23, 2023.

As his case now heads to the state appellate court, Yohn departed his motion hearing in Adams County Circuit Court on Friday with choice words for those in attendance.

“F**k y’all,” he shouted as he was escorted from the courtroom by an Adams County bailiff and an officer from the Lawrence Correctional Center in Sumner, where Yohn is lodged.

A 10-man, two-woman jury determined on July 17, 2023, that Yohn was guilty of the crimes he committed on Nov. 9, 2021, at the home of Christine “Tina” Lohman Schmitt. She died 33 days after the attack on Dec. 12, 2021.

Thomson called Yohn “the most reprehensible person ever before me” during his career in law before sentencing him to the Illinois Department of Corrections. Thomson gave Yohn 30-year sentences for home invasion, aggravated kidnapping and aggravated vehicular hijacking. He gave Yohn 40 years for aggravated criminal sexual assault. Each sentence is to be served consecutively.

A motion by Wykoff filed on Feb. 7 said Thomson “failed to adequately consider and place the proper weight upon the mitigating factors presented in contrast to the excessive weight placed upon applicable factors in aggravation, in addition to improperly considering and weighing inapplicable factors in aggravation.”

Wykoff wrote that Thomson’s sentence violated the proportionate penalties clause of the Illinois Constitution. He told Thomson on Friday that Yohn, in his own pro se pleadings, alluded to the excessive nature of the sentencing and believed that Thomson took his sentencing “personal.” He said the judge had a duty to impose a sentence of restoring the defendant to a “useful citizenship.”

“You sentenced Mr. Yohn to the maximum term of imprisonment for each and every count of conviction,” Wykoff said. “Which, in real numbers, means that at the middle 30s age, when he was sentenced, he would be required to serve a real penitentiary sentence of in excess of 110 years. So for all practical purposes, you sentenced Mr. Yohn to die in the penitentiary.

“We submit to you, your honor, that such a sentence is devoid of discretion and is an abuse of sentencing discretion. We would ask the court to fashion a new sentence accordingly.”

Wykoff also argued that two of the counts against Yohn — aggravated kidnapping and aggravated vehicular hijacking, both Class X felonies — were “discretionally consecutive” rather than to be served mandatorily consecutive.

Thompson then issued his ruling to deny Wykoff’s motion “to clarify for the record and for the benefit of the appellate court.”  

As Thompson read his ruling, Yohn said, “Excuse me for a minute.” Thompson replied, “No, you’re not going to interrupt.”

Thomson noted that Yohn had argued that the sum of the maximum terms for the two most serious felonies would be 70 years — 40 years for aggregated criminal sexual assault, consecutive to 30 years for either the home invasion, aggravated kidnapping or aggravated vehicular hijacking.

He replied that each of Yohn’s criminal acts were “independently motivated.”

When Yohn tried to interrupt again, Thomson sternly said, “Mr. Yohn, you will remain silent, or you will be removed. That’s your final warning.”

Thomson then said that if the appellate court disagrees with his finding and conclusion, he believes the 130-year sentence should be reduced to 120 years.

“For a Class X felony, the sentence of imprisonment shall be a determinant sentence of not less than six and not more than 30 years, but this sentence of imprisonment for an extended term Class X felony shall not be less than 30 years and not more than 60 years, according to the maximum term authorized for the two most serious felonies – aggravated criminal sexual assault and home invasion.

“Sixty plus sixty equals 120 years,” Thomson said.

Thomson also explained when he made the comment during Yohn’s sentencing that he was “the most reprehensible person that he would have encountered in all of his years as a criminal practitioner and judge,” he said he was relying “on his own opinion of the crime.”

“The court has imposed consecutive sentences having regard for the nature in the circumstances of the offenses and the history and character of this defendant,” Thomson added. “It is the opinion of the court that the consecutive sentences … are required to protect the public from further criminal conduct by this defendant.”

He then told Yohn he had a right to file a notice of appeal within 30 days. Wykoff asked for the clerk to file a notice of appeal and for the Office of the State Public Defender to assist Yohn in the presentation of his claims.

Thomson addressed a motion for post-conviction independent DNA analysis filed by Yohn on Thursday, March 27. Wykoff said Friday’s hearing was not the right time for Thomson’s consideration. Thomson noted Yohn was granted an opportunity and funds for a DNA expert during a pretrial hearing, “and he chose not to take advantage.”

Thomson also made a point for the record that he had received an attempted ex parte correspondence (outside of court) last week from Yohn.

“Mr. Yohn, I have previously admonished you,” Thomson said. “Do not contact me to discuss this case by correspondence or otherwise. Your contact is through counsel, and all correspondence should be filed through the circuit clerk’s office. Again, I have asked you not to do that before. Now I’m ordering you not to. All pleadings and correspondence go directly to the circuit clerk in Adams County. Otherwise, I do not wish to hear you. We are not pen pals.”

Wykoff said he would adopt two pages of Yohn’s letter, in which Assistant State’s Attorney Laura Keck said he asked for several items. “Many of the things he’s requesting, we are not able to provide for him,” she said.

“Your honor, if I may,” Yohn said.

“No, you may not,” Thomson shot back. “You have counsel, sir. That’s why you have counsel.

Yohn then said, “Look back there (gesturing to where the audience was seated). They are sitting back there laughing. You say I’m out of line for what I’m doing but look at what they’re doing.”

“You are remanded to the custody of the Department of Corrections,” Thomson said. “Sir, you can’t seem to follow the rules of court procedure.”

“I’m trying to your honor, but look at what they are doing,” Yohn said. “They’re just sitting back there laughing.”

“You may be removed from the courtroom,” Thomson said.

As he was escorted out, Yohn said to one of the media members, “Almost more than half of what they accused me for, Tina didn’t even say that happened. There was no knife until well after, and they planted that knife.”

One of the bailiffs then yelled, “Stop!”

Yohn’s final words were, “F**k y’all. You sucking-a** bitches, I’ll win on appeal.”