Murder Suspect to be Released in November

By: Meghan Dwyer
By: Meghan Dwyer

From March 9: ROCKFORD (WIFR) -- 

Maxey is accused of killing Charles Spivey in January last year. Friday morning the judge ruled for a second time that he didn't get a speedy trial. The speedy trial rule says defendants must get a trial within 120 days of being arrested unless defense attorneys cause the delay. Prosecutors immediately filed an appeal, but Maxey does not have to stay in prison while the appeal is pending. He will be released sometime later this year.
Maxey has been in custody since Aug. 2011.

ROCKFORD (WIFR) -- 23 News has learned from the Department of Corrections that Antwan Maxey, the man accused in the first murder of 2011, will get out of prison in November.

It was the first murder of 2011: Charles Spivey was shot and killed outside a house party on Sherman Ave. Eight months later police arrested 27-year-old Antwan Maxey.

When he first got arrested he demanded trial. Maxey would come to the Winnebago County Jail when his case was up in court, but most of the time he was in prison because he was being held on a parole violation.

By January there still hadn't been a trial. Despite prosecutors' protests, a judge let Maxey off on murder charges. The speedy trial rules say defendants must get a trial within 120 days of being booked in jail unless the case is continued. This case was continued for weeks at a time.

When asked how a suspected murderer could go free, Winn. Co. State's Attorney Joe Bruscato said, “The application of any area of law is often complicated and that's why we have courts of law and that's why we have appeal courts."

Winn. Co. Public Defender Nick Zimmerman said, "As the judge said when he made his ruling justice delayed is justice denied."

The victim's family says they haven't gotten justice and are tired of showing up to court over and over again.

The victim’s sister Alexandria Spivey said, "For someone that is up for a murder that could have been the one that actually killed him? It’s not fair for them to get off just because of just because it's been 120 days."

Zimmerman said,"There's always two sides to every case and there's always going to be people who are happy with the decision and there are going to be people who are unhappy. Not like the fact, but it's the law."

Prosecutors are appealing the case. They don't think the judge calculated the time properly and argue it hadn't been 120 days. However, the appeal could take a long time.

Situations like this don’t happen often, at least not in Winnebago County. It's especially strange because the nature of the charge was murder.

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  • by Big Rob Location: Winn Co. on Apr 3, 2012 at 01:24 PM
    Obviously like people are stating they did not have enough evidence -- nor could they gather enough within the allotted time allowed. Regardless of opinions he is still a US citizen and should be treated as such. He did not receive his speedy trial that was within his rights therefore he is allowed to be set free. Blood will be on no one’s hands because there was not enough evidence to convict... Hmmm... Maybe he didn't do it!... Just because he’s black, does not make him a thug nor does it make him guilty!
  • by Anonymous on Mar 29, 2012 at 07:59 AM
    This is how I think this went. His attorney was smart enough to realize the DA had little to no evidence in this case. The more time you give the more they can gather evidence to convict him. That's our wonderful system at work. I think it's a lack of police work and on the part of the DA's office to get the ball rolling in the case. Most likely there would have been a plea if he was guilty to reduce the sentence. This is how it works unfortunately for many of all crimes. Money runs the game as well...
  • by old guy Location: freeport on Mar 29, 2012 at 07:23 AM
    Some may not like this but it is his right to a speedy trial.This is what happens when the law has a rush to judgment some people in FL.should take note..
  • by joke on Mar 28, 2012 at 03:14 PM
    Hey maybe there will be a retaliation murder and save the city some $
  • by Leaving Location: most dangerous city on Mar 28, 2012 at 01:11 PM
    I have lived my entire life here. I used to be Rockford proud. This city suddenly changed as if thugs were shipped in from another city or something. That "hug a thug" program hasn't worked out so well, has it?
  • by haters on Mar 28, 2012 at 10:33 AM
    Welcome home my boy....and for all u people on here talking Down on him lmao at u don't be scared y'all ain't scared of these cops that's killing people now when a black man is set free for something he didn't do y'all my homie
  • by Rockfordian Location: Rockford on Mar 28, 2012 at 09:48 AM
    The right to a speedy trial is a part of your constitutional rights via the 6th amendment in the USA, or did all of you losers forget about that? Speedy trial is defined as 120 days in this case. The last I heard, as long as the defendant is not the one asking for the continuances and asks for his or her constitutional right to a speedy trial, we have to give it to him or her or drop the case. Case closed.
    • reply
      by Michelle on Mar 28, 2012 at 01:00 PM in reply to Rockfordian
      I agree speedy trial is our right! It isn't his fault that our judicial system is not doing what they are paid for. Everyone assumes her is guilty, but without a trial we can't say that! So the fault lies within our criminal justice system...stop siting around discussing golf scores or the car you bought and do the jobs you are paid for!!
  • by Law Abiding Citizen Location: The War Zone on Mar 28, 2012 at 09:01 AM
    And people wonder why this is the most dangerous city in the state.
  • by Wanda on Mar 28, 2012 at 07:31 AM
    I'm confused, if there was no evidence against him, why did he ask for a speedy trial at the time of his arrest? I find that quite odd, and indicitive of someone who knows the system quite well. If I'm being accused of a crime that I did not commit, especially murder, the first thing out of my mouth is YOU HAVE THE WRONG PERSON or I'M INNOCENT! Not give me a speedy trial as this man did. Yes, we all have the right to a speedy trial, but who in the world is thinking about a speedy trial when you've been arrested for murder?! Put your thinking cap on! Sometimes the evidence isn't always in what a person says, but rather in what they DON'T say. You can believe that the police and the community that this man lives in will be watching him. Hopefully his family will be paying closer attention to him as well.
  • by MAD Location: ROCKFORD on Mar 28, 2012 at 07:01 AM
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