A death-involved case started in a storage facility in Maquon with an odor drawing attention and investigators discovering human remains– remains still not scientifically identified.
Now a judge has dropped some charges. Ashley Worby, first assistant state’s attorney in Knox County, talked about updates with Local 4 News.
“We still don’t have DNA results to be able to scientifically prove who the deceased is, although we feel circumstantial evidence … we’re very confident we know who it is,” she said.
The body discovered in the storage unit is believed to be former Maquon Police Chief Richard Young. Prosecutors have since been building a case against Marcy Oglesby, charging her with concealment of death on Oct. 7, then on Feb. 6 adding charges of first-degree murder and attempted murder as well as aggravated battery by poisoning and concealment of a death by homicidal means.
“I learned basically all of the information. I had all the information. I felt I needed to charge murder and the other additional charges I did file. I had all of that information as of January 29th of this year,” Worby said.
But Illinois law sets a right to a speedy trial at 120 days – we’re now more than 160 days since Oglesby’s first charge.
Worby explains: “The rule is that basically if the prosecutor has knowledge or a conscious awareness of evidence sufficient to give the state a reasonable chance to secure a conviction at the very beginning then you pretty much have to charge all related charges at that time or certainly within 120 days.”
Oglesby’s defense team successfully argued to the judge the last four charges– including murder and attempted murder – fell outside of the right to speedy trial.
“Everyone was shocked by this result – defense attorneys included,” Worby said.
Oglesby remains in custody on the initial charges. The prosecution expects their appeal on the murder charge to be heard quickly.
“The bottom line is those new charges were dismissed but the initial five other charges remain, and she remains in custody on those charges,” Worby said.
The prosecution will file an appeal of the judge’s decision.
“The only way that we’ll be able to proceed with this defendant on those charges is if we win the appeal. We hope to have the results in less than two months,” said Worby, who added that, potentially, one other person may be involved.