Teen plans upright life after conviction

URBANA – A Rantoul teen convicted of resisting and obstructing police in a north Champaign park more than a year ago told the judge sentencing him Friday that he has changed since then.

"My mom raised me to be respectful," said Brian Chesley, 19, whose refusal to stop to answer a police officer's questions on March 30, 2007, resulted in a misdemeanor conviction.

Judge John Kennedy on Friday sentenced Chesley to 100 hours of public service and a year of conditional discharge, a form of probation without having to report to an officer. It was the least-restrictive sentence Kennedy could have imposed. Court supervision, which would have allowed him to avoid a conviction, was not an option.

"My life goal is to go to college, be the best person I can be, and provide for my children," said Chesley, a father of two who is set to graduate from Urbana Adult Education later this month and who works part time at Taco Bell in Urbana.

A jury convicted Chesley, who lives part of the time with his mother on Abram Drive in Rantoul and part of the time with his grandmother in Urbana, of obstructing the efforts of Champaign police Officer Andre Davis, who tried to stop Chesley in Douglass Park to ask him what he was doing there after the park had closed and resisting the efforts of Davis and two other officers who came to help Davis.

Chesley testified he was leaving the Douglass Center gym about 8:30 p.m. after having played basketball. He admitted he uttered an expletive at Davis and kept walking, refusing to answer Davis' questions on the grounds that he had done nothing wrong.

Davis called for help, and officers Shannon Bridges and Justus Clinton approached Chesley near the corner of Fifth and Tremont streets. When Chesley refused to stop for them, Bridges grabbed his arm and spun him around to face her. Both officers testified Chesley clenched his fist, so Clinton grabbed him in a bear hug from behind and they both went to the ground, with Chesley facedown.

The struggle escalated, and Clinton sprayed pepper spray in Chesley's face. Chesley was ultimately handcuffed, taken to Carle Foundation Hospital for brief treatment for being sprayed and then to jail for resisting arrest.

Chesley's attorneys, Bob Kirchner and Ruth Wyman of Champaign, argued that Chesley was defending himself from "excessive force" by police. But Assistant State's Attorney Rob Scales countered that Chesley knew walking away from the officers was wrong and never testified that his actions were in response to excessive force.

Wyman filed a post-trial motion alleging Kennedy erred on multiple rulings at the four-day trial. She argued those Friday, including that because of the "selective enforcement" of the law, Kennedy should dismiss the case or enter a judgment in Chesley's favor.

Kennedy denied Wyman's requests, saying there was plenty of evidence to support the jury's verdicts. Further, he said there was no question that Davis was justified in stopping Chesley.

The law does not require the officer to complete his investigation before making the stop, Kennedy said.

"The officer simply has to have an articulable, reasonable basis for stopping him. He did. (Chesley) was in a place (Davis) believed was closed. (Davis) acted lawfully in approaching and requiring the defendant to stop," Kennedy said.

Chesley declined to comment Friday on his case, saying he wanted to think about it for a few days. Kirchner said they would appeal.

Diversion program can lessen the blow

Brian Chesley could have avoided a trial and misdemeanor convictions by participating in the state's attorney's adult diversion program.

But he decided not to do that.

Chesley was arrested for misdemeanor resisting arrest on March 30, 2007. He was referred to the diversion program the following week. The program allows first-time offenders who have committed crimes considered not that serious to take responsibility for their actions to avoid having criminal charges filed.

Participants meet with a counselor, who explains the process. If willing to participate and found acceptable, they usually do public service or write a letter of apology as determined by a panel of community volunteers. If the person does what the panel asks, the state's attorney will not file charges.

When Chesley declined to participate, State's Attorney Julia Rietz charged him on May 8, 2007, his 18th birthday.

Chesley's attorney, Bob Kirchner of Champaign, said he was "not comfortable" commenting on what advice he and fellow attorney Ruth Wyman gave Chesley about the program, but maintained Chesley's decision not to participate was a "decision he made in consultation with his mother and others."

Kirchner criticized Rietz for filing the charges at all.

But Rietz said it's her job to evaluate cases and file charges where appropriate.

"Apparently a judge and jury don't agree with Mr. Kirchner. It's unfortunate he's making this a personal issue. He is not acting in the best interest of his client," she said.

Meanwhile, the Rev. Jerome Chambers, president of the Champaign County branch of the NAACP, said while he was saddened over Chesley's prosecution and conviction, his organization is working to educate young people about appropriate interaction with police officers if stopped. The NAACP is distributing cards with information on police stops to young people in area high schools.

"We should spend more time preparing youth to become reputable citizens wherever they live, knowing they cannot live above the law," Chambers said.

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