Shallow arguments made by defense;

MANY questions still remain

WHITE CO.— On the second anniversary of the White County double-murder of 17-year-old Jessica M. Evans and 22-year-old Jacob C. Wheeler, appellate justices heard arguments today to reconsider the 2013 conviction against Danny K. Coston, who was ultimately sentenced to 53 years in the Illinois Department of Corrections.

Missouri law instructor Gil Sison’s argument for the defense centered around Coston’s videotaped confession that was used during his stipulated bench trial after a motion to suppress the confession was denied by judge Tom Foster.

Gil Sison said the case should be reconsidered for two reasons: the first, that Coston was not clear if he was actually in custody at the time of his questioning; and the second focused on the timing and way in which he was read his Miranda Rights.

The confession

In his confession, Coston told authorities that he encountered the two young people after traveling to the Little Wabash River in the overnight hours of Aug. 25/26, 2013, when he was intoxicated after spending the evening at the American Legion in New Haven with friends.

Danny K. Coston

Claiming he was only out trying to find a place to put his boat in the water for an upcoming Labor Day weekend outing with his kids, Coston admitted to shooting Wheeler after the young soldier had given Coston a ride away from the camping area, then to taking Evans back to the riverside location, where he sexually assaulted her, then shot her in the head.

Coston then told authorities he attempted to obscure Evans’ body in Wheeler’s truck, riverside, and took Wheeler’s body up to south Wayne County in the Pond Creek area, and made a shoddy attempt at burying the young man’s corpse in a remote location there.

In custody or not

In the days following, authorities recovered automobile pieces in the area where Evans’ body was discovered.

When police went to speak with Coston, they found his pickup truck had been missing the same pieces that had been recovered during their search for and ultimate recovery of Evans.

Coston was asked to come to the sheriff’s department to answer some questions and willingly got into the front of the police cruiser, because his truck would be processed for evidence, and taken to the sheriff’s department.

Sison argued that Coston was unclear if he were in custody or not and may have felt as if he were because he was transported to the sheriff’s department in a squad car.

However, Kelly Stacey, arguing for the state, pointed out that Coston was “asked”—not ordered—if he would be willing to answer questions…and he agreed.

“The defendant was placed in the front of the car,” Stacey said. “He was never in restraints.”

In fact Illinois State Police Investigator Rick White told Coston he was not under arrest and that authorities simply had some questions for him.

In fact, prior to questioning beginning and on video, Coston was read his Miranda Rights, said he understood them, and signed a waiver to speak to police.

But Sison hammered the point that Coston still wasn’t clear about being in custody or not.

“Well, you are at a cop shop being questioned about a murder,” White told Coston. “You’re kind of in custody.”

Miranda Rights

Sison argued that there were three separate interviews in approximately a nine-hour period and that Miranda Rights were only read during the first when Coston was only “kind of in custody” and not prior to the second or final interview.

Stacey countered by pointing out that prior to the second and third interviews, Coston was reminded of previously signing the Miranda waiver and asked if he had any questions, still wanted to talk and still wanted to waive his rights.

He not only answered in the affirmative but said, “I just confessed to killing those two people,” indicating he had already confessed to the slayings and was willing to be questioned about the details of that confession.

Sison goes a bit off track

Still Sison argued that investigators should be more clear when it comes to making sure a suspect knows if they are in custody and what their rights are.

“When I have someone to my office for questioning I make sure they know they are free to go at any time and do not have to answer any questions,” Sison said. “I would also like to point out that when a plea agreement is presented to the court, the presiding judge asks the defendant if they are willingly entering into the agreement, understand they are giving up their rights to a trial, asks if they have been coerced to enter into the agreement and the like.

“The court is very careful to make sure the defendant understands what his rights are and what is happening. I would think a suspect should be treated with as much care.”

What exactly Sison’s practices in his office have to do with the Coston case is unclear.

Further to that, the appellate court seems an odd venue to lobby the state judiciary to enact stricter procedures for police officers.

The justices took both side’s arguments under advisement and informed those present that they would be announcing their decision in the near future.

White County authorities

On hand for the appeal arguments today were White county State’s Attorney Denton Aud, White County Sheriff Doug Maier and Circuit Clerk Kelly Fulkerson.

When asked, after hearing arguments, if in retrospect he would have prosecuted the case any differently, Aud said he had complete confidence the decisions made by all those involved in the case and said he believed the conviction would stand.

“Nothing is ever perfect and hindsight always gives you a look at something you may want to handle differently should a certain scenario play out,” Maier said after being asked if he would do anything differently. “But everybody acted professionally and within the boundary of the law and used well-established and time-honored procedures in investigating. I believe we did a good job in gathering the evidence the state used to charge Mr. Coston.”

A source close to the justices said it could take from 60-90 days for a decision to be made public.

Questions remain

Still, there remains the belief by some that Coston could very well have taken the rap for his then-pregnant girlfriend Candace Brown, who some believe either helped Coston murder Evans and Wheeler, help cover it up or even killed them herself, or for another friend or associate who might have been with him that night, as even the established events are difficult to believe that a drunken man could single-handedly have accomplished what Coston said he did.

“I just hope the justice’s decision brings closer for the family,” Aud said as he stepped into the elevator.

That closure may be father away than many believe IF Coston took the fall for Brown or another person.