Hoopeston man gets four years for fraudulent ATM transaction

Hoopeston man gets four years for fraudulent ATM transaction

PAXTON — A Hoopeston man was sentenced to four years in prison Monday for stealing $3,000 from a Paxton bank through a fraudulent ATM transaction.

Richard J. Gonzalez, 30, was convicted by a Ford County jury on April 11 of one count of felony theft, a Class 4 felony. Due to Gonzalez's criminal history, which included a prison term for mob action in Will County, he had faced up to six years in prison under extended-term sentencing guidelines, according to Ford County State's Attorney Matt Fitton.

Monday's four-year sentence, imposed by Judge Steve Pacey, allows for day-for-day "good conduct" credit, meaning Gonzalez could be released from the Department of Corrections in two years, Fitton said.

Gonzalez was charged with theft in October 2011 in connection with using an ATM to make a fraudulent bank transaction with the Farmers-Merchants National Bank in Paxton, Fitton said.

Fitton said Gonzalez opened an account at the bank, and shortly after he had received an ATM card, he used an ATM to have his account credited with a $3,000 deposit. However, the money was never received by the bank, and by the time the bank noticed the money was not deposited, Gonzales had used an ATM to withdraw the funds from his account, Fitton said.


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NEVERJAILSFAULT wrote on June 03, 2012 at 6:06 am


What I saw at Trial

Prosecution does not produce alleged empty envelope

Prosecution does not produce the most important witness (THE PERSON WHO OPENED DEPOSIT ENVELOPE.RANTOUL BANK should have had this witness testify they opened envelope and let jury know  )

Prosecution produces a video showing defendant standing in front of ATM video does not show defendant depositing or not depositing video.

PAXTON Arresting officer(BAUK) testified that he called bank and bank told him defendant did have funds in his account.

Judge says while juror's are in jury room "Boy, from now on when I go make a Deposit at the ATM I better hold my envelope to the camera so it shows that I made a deposit." It is evident that even the Judge is aware of how ambiguous and ineffective the video is simply from his statement.

Yet he denies all motions for new trial,reduced sentence.

Judge buys jury a nice lunch from monicals with salads.

How is that for a fair trial charge was theft less than 500.00 and sentencesdefendant to 4 years after his comment ----"Boy, from now on when I go make a Deposit at the ATM I better hold my envelope to the camera so it shows that I made a deposit." It is evident that even the Judge is aware of how ambiguous and ineffective the video is simply from his statement.

 Rantoul Bank should have produced the Empty Envelope and the employee who accepted envelope. no physical evidence. Farmers Merchant bank does not prosecute nor does Rantoul Bank. States Attorney Matt Fitton and Paxton Officer Bauk come up with HEARSAY and Prosecute case without any physical eveidence. The public defender Harvey Welch looks like he was working with prosecutor. Harvey does not object to anything or asked that witness be SUBPOENA. Public defender was told that someone else has confessed to the crime. On 05/17/2012 Harvey Welch was contacted 4 days before the MOTION TO RECONSIDER SENTENCE and he filed no motions.The Person who committed this crime went to that hearing on 05/21/2012 and presented a NOTARIZED letter confessing and Judge Pacey WOULD NOT ACCEPT.JUDGE PACEY assigned the public defender Harvey Welch. look at this http://www.ucimc.org/node/3265 (Harvey Welch works as a Public Defender in Ford County, but is based in Urbana and takes numerous cases in Champaign County. Welch handles hundreds of cases each year, and has been in practice since 1980. One must wonder how many of Welch’s clients have been found guilty because of his incompetence..) Judge Pacey denies all motions filed. Why would this public defender even be employed with his record. Richard was seen in court on 05/21/2012 and he looked fine. Just a sling where they say he injured his shoulder from a fall. JUDGE DENIES MOTION AND RICHARD ASK FOR APPEAL ON 05/21/2012 AND ON 05/23/2012 HE PASSES AWAY WHEN HE WAS MOVED TO A SINGLE CELL. click on link------  http://www.pantagraph.com/news/local/year-old-inmate-dies-at-ford-county-jail/article_e9e12560-a4fe-11e1-96b3-001a4bcf887a.html

NEVERJAILSFAULT wrote on June 17, 2012 at 3:06 pm

I heard the only one investigating is State Police. Illinois Dept. Of Corrections is not doing investigation. I also am wondering why they would do the autopsy in Kankakee. Champaign is much closer.Ford County Coroner still says Richard complained of chest pain and they put him in a padded room for observation as per Dr's order.(the cameras were not working when he was placed in room for observation so no video footage available) Asked the coroner why he was not taken to emergency room for chest pain and he said the nurse did not feel it was necessary.This discussion took place 06/15/2012 by phone. He also said a inquest is going to be held.

finally wrote on July 05, 2013 at 10:07 am