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JUDGE FOSTER HAS THE COSTON CASE AND IS NOW DELIBERATING

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WHITE CO.—Judge Thomas Foster has the murder case of Danny Coston and deliberation to his fate on the three counts he’s facing is happening right now.

Danny Coston

Danny Coston

The general consensus is that it won’t last long.

This is one of the most bizarre things we’ve ever seen.

Ordinarily, a “stipulation” is seen in a plea. We’d heard murmurings of a plea leading up to the hearing today, but prosecutor Denton Aud had already assured folks that this wasn’t going to happen.

Ordinarily, a bench trial (trial by judge) is merely a trial in toto: the state puts on its case, the defense puts on its case, the state rebuts, the defense rebuts, and the judge decides it.

This is a “stipulated bench trial.” In this, it was stipulated prior to proceeding that Coston’s side wouldn’t put on any evidence or witnesses, and the state, too, won’t put on any witnesses, just read the facts of their case as if they are stipulating to them in a plea agreement.

In other words, it appears to be an amalgamation of both a bench trial and a plea, but without the plea. Very strange.

What’s also strange are the charges as they’re amended.

In case you didn’t catch it, the entire case against Coston has been amended to three counts: one count of First Degree Murder in the death of Jessica Evans, one count of Second Degree Murder in the death of Jacob Wheeler, and one count of Criminal Sexual Assault against Evans.

The Second Degree Murder charges is what’s strange: If you remember from Terry Payton’s trial, that means that Coston killed Wheeler under the circumstance that he thought he was shooting in self-defense because Wheeler was attacking him, but no real threat existed.

This would mean that Coston killed the girl in cold blood, but only killed Wheeler when he thought Wheeler was going to kill him. And this follows the second story Coston told authorities last August, not the third and final, in which he shot Wheeler first in cold blood and without provocation, then Evans but only after Evans was raped.

So we just don’t know what to think about what’s going on.

The state wrapped up its case with DNA evidence that showed Coston had had some form of sex with Evans. However, they also presented evidence that both their DNA was found on a Dr. Pepper can found near the truck. Like they’d both been enjoying a cold soda or something.

The case has been very weird from the start, and is now finishing weird. No other DNA was found at the scene…but that doesn’t stop many, many people from believing that Coston did NOT act alone that night in the killing and hiding or disposal of the two young people, who were there merely to enjoy a camping weekend when Coston allegedly came upon them.

Whatever the case, Coston is sitting mute. His expected sentence is no less than 50 years. He could be sentenced today. And maybe, after he’s been in DOC for awhile, he might start thinking about what really happened, and how other people are going to move on with their lives while he is not. And maybe he might start talking truth…because there is no statute of limitations on murder in Illinois.

More as we get it; keep checking back.


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