Judge denies motion to reconsider
Mercer County Circuit Court Judge Karole Pentuic denied a motion to reconsider the sentence of former CPA Richard Lee in court on Tuesday.
Lee was sentenced to four years in the Department of Corrections back in July for the theft over more than $100,000 from the Aledo Park District.
Lee's attorney Donovan Robertson stated that he felt there was something about the Lee case the judge didn't take into consideration including the fact that he was a first time offender and the non violent nature of his crime.
Robertson indicated that jailing Lee wasn't protecting the public and the prison sentence was due solely for punishment.
Roberson noted that he had served 90 days. "I'm sure the first few were the worse of that."
Robertson argued that Lee had been adequately punished at this point, now the state is merely warehousing him.
Robertson asked that he be given probation and time served or moved to the county jail.
State's Attorney Greg McHugh noted that it was a tough case similar to the one regarding Marilyn Davis, who also took $100,000.
"Deterrence, Deterrence, Deterrence," said McHugh. He added, that while Lee took over $100,000 he wasn't charged with stealing that much which would have led to a higher sentence. "He was given the absolute minimum. He couldn't get any less. People have to know that if they take that amount of money they have to go to jail."
Lee could have been charged with a Class X felony. The Class 1 felony he plead guilty to had a minimum sentence of four years and a maximum sentence of 15 years.
After listening to both arguments Judge Pentuic said that she took a lot of time to thing about the case. "I reviewed similar cases. The case was continued several times. I really don't think he got it," said Judge Pentuic. "This went on over a long period of time. Mr. Lee wouldn't have stopped if he hadn't been caught."
Judge Pentuic said to sentence Lee to a short amount of prison time and parole "would be an insult to the people of this community."