UPDATE: ROCKFORD (WIFR) – An appeals court is siding with a local judge, in determining whether murder charges should be dropped against Antwan Maxey.
Judge Ronald White dropped the charges because prosecutors didn't bring the case against Maxey quickly enough. Prosecutors appealed, arguing it was Maxey's attorney who pushed back the original trial date. They also said once the 120 days had passed, Maxey should have been let out of jail on bond, but the charges should not have been dropped. The appeals court disagreed, siding with Judge White.
Maxey was accused of killing Charles Spivey in January 2011. He's still in jail for running from police.
UPDATE: ROCKFORD (WIFR) – The Rockford man who got off the hook on murder charges will go to prison after all. Today, Antwan Maxey was sentenced to 3 and a half years, plus a year of parole for running from police. You may recall, Maxey was accused of killing Charles Spivey but those charges were dropped last year when prosecutors couldn’t bring a case against him quickly enough. The Winnebago County State’s Attorney has appealed the decision to drop the case. These lesser charges will keep Maxey behind bars while they go through that process.
UPDATE: Accused murderer Antwan Maxey is going to prison. You may recall he was a suspect in the shooting death of Charles Spivey, but charges were dropped because prosecutors couldn't bring the case to trial quick enough. He plead guilty today to running from police. He faces up to six years in prison and will be sentenced next month.
ROCKFORD (WIFR) -- There was a chance a Rockford man who's been accused of murder, could have walked free today. But thanks to Judge Patrick Heaslip, he'll be staying in the Winnebago County Jail until at least January.
Maxey's lawyer tried to convince the judge that prosecutors messed up by waiting a year and a half to charge him with a crime. But today the judge said prosecutors didn't do anything wrong.
You may remember Maxey was charged with killing a man in January 2011. He got off on that charge because prosecutors took too long to get the case to trial.
Police re-arrested him for running from police last month - for a crime that allegedly occurred a year and a half ago. His lawyers argued the delayed arrest violated his due process rights. The trial date is now set for January 22nd, which has a special significance for the murder victim's family.
"That's the day that my brother got killed so I feel that it's a sign that he's talking to us and it's all gonna go in god's favor,” said Alexi Spivey, the victim’s sister.
The family of the man he allegedly killed is obviously relieved he's not getting out just yet. They have been at every single court hearing for the last two years.
Prosecutors are appealing that case, but that could take a while. Maxey faces a 6-year sentence with this new charge.