Sunday, February 1, 2009

Western IL men get 8 years in drug facilitated rape of woman

Dathan Smith, 27, of Kingston Mines, IL, and Edward Stoehr, 33, of Mapleton, Il, were sentenced to 8 years for criminal sexual assault in 10th Judicial Citcuit Court Judge Richard Grawhey's courtroom. Smith will serve his sentence after serving a 3 year term for domestic assault which was handed down in September.

According to court records, Pekin police were called to Pekin Hospital on July 16 in regard to a woman being treated for sexual assault. The woman told police that she was playing pool at a Pekin bar when the two men approached her. The men started buying the woman drinks, after which she said she started to “feel strange,” court records said.

The woman told police that she did not remember leaving the bar, but did remember walking into one of the men’s apartments. She told police the men started making sexual advances, which the woman said she declined, court records said.

Smith and Stoehr held her on the floor and assaulted her, court records said.The woman said she tried to fight back, but was too weak to fend off the attack. One of the men then called the woman a cab and sent her home. The bartender from the bar, which was not named in court records, identified Smith and Stoehr as the men who left the bar with the victim.

Usually, criminal sexual assault in Illinois is a Class 1 felony punishable by 4 to 15 years in prison, but in this case, was prosecuted as a Class X felony, punishable by 6 to 30 years in prison. Smith was credited with 196 days custody for the rape charge, and 51 days for the DV charge. SToehr was credited with 197 days custody.

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