Malone used a key he obtained from the victim's Alcoholics Anonymous sponsor and broke into her apartment. He tied her up, forced her to drink a concoction of drugs and alcohol and then sexually assaulted her. Prosecutor Donna Cruz told the judge that it was "abundantly clear" that Malone was a danger to women and children, noting the several prior convictions for domestic or sexual-related charges over the years. Cruz also keyed into the drug-alcohol mixture, noting that at one point, the victim's breathing had slowed so greatly that she was rushed into a trauma room at the hospital.
Illinois has a three strikes law for Class X felonies, which include aggravated criminal sexual assault among other crimes. One of his previous crimes included the sexual abuse of a girl he had met in church, and Malone had previous domestic and sexual violence convictions.
While the victim and police detectives who worked on the case were in Peoria County Circuit Judge James Shadid's courtroom for the sentencing, Malone was in his cell, participating in the proceedings through a videolink which was set up when he refused to leave his Peoria County Jail cell.
Malone refused to leave his cell and threatened to sue if he was forced to attend his sentencing hearing, so Peoria County Circuit Judge James Shadid used the courtroom's video-conferencing monitor, usually used for video arraignment or bonding court, to have Malone participate.
He could be seen sitting in a wheelchair with his head in a large garbage can. Malone's reason for not wanting to leave was that he was sick. Throughout the half-hour session, Malone could be heard spitting in the can. Throughout the case, Malone has been difficult, at times refusing to participate in hearings and remaining slumped over in a wheelchair as if he had no idea what was going on.
Malone protested to the court, "I didn't do this, I have never done anything like this. And now you are throwing me out like a piece of garbage. I am going to pray for you. I am going to pray for all of you..Just do what you are going to do so I can get back. I am sick." Shadid said after Malone yelled at him, "That's right, you are sick..You're a predator who found fresh prey."
His "girlfriend," 23 year old Sorrel Blomley of Chalk River, BC, was sentenced to 10 years for burglary in a plea deal which required her to testify against Malone. Malone's life sentence is consecutive to the Knox County molestation charge, and will be followed by 30 years imprisonment for home invasion, failure to register as a sex offender and aggravated robbery.
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