Motion: Victim was drug dealer
DIXON – A 28-year-old Ashton man accused of killing an acquaintance has an alternative theory of the murder: that Todd E. Harn, a known drug dealer, was the victim of an attempted assault the week before he was killed, and that Harn told police “his life was in danger due to his affiliation with the drug underworld.”
» Click here to see the Motion for Reduction of Bail, Complaint for Search Warrant, and the Search Warrant.
Eric M. Lemons is making the claims in his motion to reduce his $2 million bond, which he says is excessive given his lack of an adult felony record.
Lemons is charged with first-degree murder. Harn, also 28 and of Ashton, was bashed in the head with a landscaping rock in his apartment on April 5, police say.
In his motion, Lee County Public Defender Bob Thompson said there is “nothing in Lemons’ background, history or character that suggests he must be incarcerated to ensure his appearance or to ensure the safety of the community.”
Thompson noted that Lemons, who was arrested in his home the next day, did not try to leave the area, and also said he cooperated with investigators “throughout numerous hours of intense interrogation and accusations before being brought to the court and appointed an attorney on April 8.”
Shortly after Lemons’ arrest, Lee County Sheriff John Varga said publicly that he wasn’t sure but thought Lemons had a burglary conviction in Cook County.
According to DuPage County court records, Lemons pleaded guilty last year to misdemeanor possession of marijuana and drug paraphernalia; he was fined $1,571 and ordered to serve 40 hours of community service.
He also was charged with misdemeanor domestic battery and felony possession in Cook County in 2000, but both cases were dropped.
In a motion filed April 8, Lemons asked Lee County Judge Ron Jacobson to allow him to have his blood tested to prove he’s not a cocaine user. Jacobson agreed.
Harn, on the other hand, was known to deal drugs, including cocaine, Thompson said in the motion. He also said Harn made comments to police on several occasions in the last year that “his life was in danger due to his affiliation with the drug underworld.”
The motion does not say on what evidence Thompson is making the claims, although he said the alleged assault “was investigated by law enforcement.”
In addition, Harn and a roommate were on parole when Harn was killed, and the alleged attempted assault took place in their apartment, the same place where Harn was killed, Thompson wrote. He noted that Lemons had known Harn less than a month.
Thompson said Thursday that he didn’t think charges had been filed in the alleged assault attempt, and that he was waiting for police reports and other evidence.
Varga and Lee County Assistant State’s Attorney Peter Buh said Thursday that, at this time, they are not aware of an alleged assault case involving Harn.
By law, because a first-degree murder conviction can carry either the death penalty or a sentence of life in prison, the defendant must show the court that “the proof of his guilt is not evident and the presumption is not great” before bail can be reduced.
Harn, formerly of Abingdon, was paroled in December after serving fewer than 6 months of a 30-month sentence for theft and obstruction of justice in Whiteside County, and for reporting a false theft in Lee County, which resulted in a concurrent 18-month sentence.
One of Harn’s roommates, Kaylyn Gideon, 21, was arrested April 7 and charged with obstruction of justice for allegedly giving Lemons cleaning supplies to clean the rock and the area around Harn’s body.
She is being held on a $100,000 bond. Her preliminary hearing is April 22.
Police have roommate’s journal
Investigators have confiscated a journal written by homicide victim Todd E. Harn’s roommate, a woman jailed on accusations she helped his alleged killer.
According to the warrant request, Kaylyn Gideon told investigators April 9 that the journal contains notes to Eric Lemons, 28, the man charged with killing Harn, and “a journal about incidents that have occurred in her personal life regarding the Todd Harn homicide.”
A journal was removed from her locker at the Lee County jail that same day, court records show.
Gideon, 21, was arrested April 7 and is being held on $100,000 bond, charged with felony obstruction of justice for allegedly giving Lemons cleaning supplies to clean the rock used to kill Harn and the area around his body.
