Updated: second degree murder conviction overturned in Ford County case

Updated: second degree murder conviction overturned in Ford County case

New Monday 3/28/16:

A Gibson City man is back in custody ahead of a resentencing in his second degree murder case.

The Ford County Sheriff's Office said Monday morning that 36 year-old Ryan Nibbe is in the Ford County jail ahead of a sentencing hearing on April 21.

Nibbe's second degree murder conviction was recently overturned by the state appellate court.  He'll be resentenced on an aggravated battery charge, and the Ford County State's Attorney said the "double jeopardy" provision of the law prevents him from pursuing new charges.

This is in connection to a 2013 incident in Gibson City that led to the death of Timothy Robertson.  Prosecutors say Nibbe punched Robertson, then Robertson fell and hit his head on the pavement.

-Tim Ditman and Will Brumleve

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Original story Friday 3/25/16:

Resentencing is set for April 21 for a Gibson City man who had his second degree murder conviction overturned.

Thirty-six year-old Ryan Nibbe was sentenced in 2014 to 17 years in prison in the death of Timothy Robertson.  His attorney, David Rumley, appealed, saying the evidence shows that Nibbe acted in self-defense.

Nibbe will be resentenced on an aggravated battery charge, with a sentence ranging from probation to 10 years in prison.  Rumley said he'll argue for a light sentence, saying that has client has been through enough.

Nibbe is out of prison while he awaits resentencing.  The prosecutors on the case could not immediately be reached for comment.

This all stems from an 2013 incident in Gibson City, where prosecutors said Nibbe punched Robertson during a fight.  Robertson fell and hit his head on the pavement and died from his injuries eight days later.

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rsp wrote on March 25, 2016 at 1:03 pm

It wasn't overturned on grounds of self-defense.

Accordingly, we find the State’s evidence was insufficient to prove defendant struck Robertson with the knowledge the punch created “a strong probability of death or great bodily harm.”

They ruled out self-defense.

Tim Ditman wrote on March 25, 2016 at 4:03 pm
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Thanks for your comment.  I've altered the story to clarify that self-defense was Nibbe's attorney's argument.

Eastwood83 wrote on March 25, 2016 at 2:03 pm

Ha what fight?? Anyone who knew Tim knows that fighting was one thing he never ever did. He was one of the least confrontational people I know.And to think that that creepy, tattted up felon (who shouldnt have even have been out becasue he had had a parole violation) killed him in self-defense is laughable. Anyone who has seen this thug knows how scary and intimidating he is.  The last thing Tim would have done is start a fight with his scary self.  Tim went to wrong apt.  He turned arould to leave once that creep came after him.  Nibbe hit him as he was walking away. This white-trash creep belongs in prison