Murder suspect claims ineffective assistance of counsel; attorney files motion to withdraw from case

QUINCY — Three weeks after a Clayton teen charged with first-degree murder filed a pro se motion claiming ineffective assistance of counsel, his attorney filed a motion to withdraw.

Wyond L. Bynum, Jr., 19, wrote in his motion filed on Aug. 16 in Adams County Circuit Court that his attorney, Victor Smith of St. Louis, has committed a Brady violation for failing to show him full disclosure of the evidence in the case. He claims his due process rights have been violated.

Bynum also contends Smith has not come to see him in the Adams County Jail in the past 12 months and that Smith doesn’t answer emails or calls.

Bynum wrote that he is “bewildered as to his defenses and confused to what’s going on.” 

Smith replied in his motion filed Sept. 4 in Adams County Circuit Court that Bynum has been counseled in person and by text messages in preparation for the case.

“(Bynum) has filed documents in the case pro se that are ill-advised, and (he) has had conversations with others who have provided direction that runs counter to counsel’s advice … causing an irreconcilable conflict and a total breakdown of the attorney/client relationship,” Smith wrote.

“(Bynum) continuously ignored the advice of counsel and proceeded to act and focus on a strategy that was contrary to the advice of counsel. (Bynum) has only paid the initial retainer and no further payments. The attorney/client relationship has been seriously impeded, and as such, counsel cannot properly represent (Bynum) in the case.”

Bynum said no plea deals have been sent to him in 12 months, and he’s “willing to deal.” 

“However, Mr. Smith only pushes for trial and leaves him unprepared and confused to the defense Mr. Smith is going to use,” Bynum wrote. “He leaves (me) clueless to what defense he has, if any.”

He asked for a continuance to “better understand what’s going on in his case” and to be a part of his defense “since (my) life hangs in the balance.”

Bynum’s next appearance in Adams County Circuit Court is set for Sept. 18. Judge Holly Henze had set the case on the November jury docket, but now it is on the December jury docket.

Bynum also filed a motion on Aug. 16 claiming prosecutorial misconduct and malicious prosecution. He contends that the three counts of first-degree murder stem from one act, which claims would be a violation of Illinois’ one-act one-crime rule.

Under Illinois law, a person can only be convicted of one crime for each physical act. For example, if a person killed a pedestrian while driving drunk, that person may be charged with both reckless homicide and aggravated DUI. However, that person can only be convicted of one charge or the other. 

Bynum contends in his motion that he had an order of protection against Jaycob K. Rowland of Camp Point. He said Rowland violated that order. Bynum said he protected his children, their mother and himself “lawfully and under the threat of imminent danger.” He believes he has been overcharged in the case.

Bynum also contends that a statement from a witness (who he fails to identify) says Rowland planned to come to Bynum’s house and kill him.

“Unbeknowing to Mr. Bynum, (Rowland was) uninvited, unannounced and masked, and came to (Bynum’s) house to carry out his nefarious plan,” Bynum wrote. “And then the unfortunate incident took place.”

Bynum wrote that he is “under duress due to the state broadcasting continuously his case and prejudicing the public or would-be jury.”

“They put updates of his court date as if he were convicted already,” he wrote. “It leads to his family and loved ones being ridiculed and embarrassed.”

He asked the court to “vindicate” him and release him from custody while dropping or reducing his charges.

Bynum has been charged with three counts of first-degree murder in the Aug. 14, 2023, shooting death of Rowland.  He pled not guilty during his arraignment on July 18.

The sentencing range for his crimes normally would be between 20 to 60 years in the Illinois Department of Corrections if he were found guilty. However, because of a 25-year enhancement for using a firearm, Bynum could be sentenced to between 45 years and natural life in the DOC. Bynum also would have to serve 100 percent of any sentence that is not natural life.

The Adams County Sheriff’s Department reported the shooting took place between 12:30 and 12:40 a.m. on Aug. 14 in the street in front of a residence at 505 West Jefferson in Camp Point. The murder weapon was recovered in the West Jefferson residence.

Bynum remains lodged in the Adams County Jail.