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Bond reduction denied for Rushing

Two other alleged victims identified

  • Timothy D. Rushing

    Timothy D. Rushing
    RCSO Photo

  • Justin Whitton

    Justin Whitton
    Credit: Whitton Group LLC

 
By Pete Spitler
Editor@heraldtrib.com
updated: 12/8/2017 1:01 PM

Appearing for the first time with his new lawyer, Justin Whitton, on Friday, Timothy Rushing watched as Judge Gene Gross denied an oral motion to reduce the 41-year-old Chester man's bond to $50,000.

Rushing has been formally charged with one count of criminal sexual assault in alleged connection to an incident occurring in Chester on Sept. 18. He has pleaded not guilty to the charge and is incarcerated in Randolph County Jail on a $150,000 bond.

Criminal sexual assault is a Class 1 felony with a punishment range of four to 15 years in prison, if convicted.

"We felt (bond) was adequately set the first time," said Randolph County State's Attorney Jeremy Walker after the hearing. "Judge Gross set it and Judge Gross obviously agreed (to deny the reduction)."

According to the charging document, Rushing is accused of committing an act of sexual penetration on a woman identified in court documents as "J.S.W." The alleged offense was immediately reported to police after it occurred and according to Chester Police Chief Ryan Coffey, Rushing was later arrested at his parent's residence.

Rushing's family has retained Whitton, a Belleville attorney with the law firm of Whitton Group LLC, after Lucas Liefer was appointed by the court to serve as Rushing's lawyer following public defender James Kelley's sudden illness.

Whitton's first appearance in the case was also filed Friday.

According to court documents, Walker has asked the court to make a determination to admit other alleged acts of Rushing into the case.

"The Defendant (Rushing) has been provided discovery (evidence) regarding several other instances of the alleged offense of criminal sexual assault, which testimony the State intends to offer at trial," Walker wrote in a two-page motion filed Friday.

The motion further requests the court to conduct a hearing regarding the admissibility of two people identified only by the initials "M.B." and "M.H."

"Wherefore, the People pray this Court hold a hearing and make findings that the statements of M.B. and M.H. are admissible in the trial of this cause," Walker wrote in the motion.

The parties are due back in court on Dec. 21 at 1 p.m. for a case management conference, this time scheduled to be heard by Judge Richard A. Brown.