The Hancock-Henderson Quill, Inc.
First of four accused men sentenced: makes apology to victim's family
By David Grimes Quill correspondent
OQUAWKA Reading from a prepared statement before a packed courtroom, convicted murderer John R. Boyd, 26, Knoxville, wept Monday as he apologized to Darrell Vice and other family members, but stopped short of actually confessing to the murder of Dwight Vice, 36.
Boyd is the first of four men accused of the murder of Vice and attempted murder of Vice's son, Darrell, 13, at their rural Oquawka home.
"I can no longer deny my involvement in this," Boyd said. "Dwight's loved ones deserve the truth."
Even though his family and attorney discouraged him from reading a statement, Boyd said his personal and religious convictions would not allow him to remain silent any longer.
Without mentioning his younger brother, Brian Boyd, who goes on trial next month, John Boyd admitted to being at the Vice home on the night of May 3, 2001, with two coworkers.
He said that while Dwight Vice was a drug dealer, "that did not warrant the taking of his life."
Boyd then apologized to Darrell Vice and the Vice family, adding that it likely would be his only chance to apologize directly to the boy.
Judge John Clerkin then sentenced Boyd to 80 years in prison for the firstdegree murder charge and to 30 years on the attempted firstdegree murder.
Boyd will serve the sentences consecutively, but will not be allowed to accrue credit for time served with good behavior on the 80year sentence. Credit will be allowed on the 30year sentence, at a maximum of 4 1/2 days per month.
A McDonough County jury found Boyd guilty on both counts in May, but did not find him eligible for the death penalty.
Boyd, his brother, Stephen Howerton and Dimitrious Androutsopolous were charged shortly after the attack.
Brian Boyd's trial is scheduled to begin in McDonough County Circuit Court Aug. 19. Howerton struck a deal with prosecutors in exchange for his testimony in both of the Boyds' trials. Prosecutors have not disclosed the terms of the agreement.
Androutsopolous, Fairview, remains at large despite a nationwide manhunt and is thought to have fled the country.
After being beaten, bound and strangled, Darrell Vice was stabbed in the back and left for dead. He identified John Boyd during his trial as the person who tried to suffocate, strangle and eventually stabbed him and cut his wrist in an attempt to kill him.
The boy testified that he asked his attacker, "Why are you doing this to us, John? I thought you were our friend."
Darrell Vice said Boyd replied, "You should learn to choose your friends more carefully, you little mother -er."
The prosecution hammered away at the point that both father and son knew at least one of their four attackers Ñ John Boyd Ñ who made no attempt to disguise his identity during what the defense team described as a simple moneyandmarijuana theft attempt gone awry and that Vice's murder was never premeditated.
On Tuesday, Darrell Vice read a victim impact statement, along with his aunt and Dwight Vice's sister, Tammy Mitchell, and one read by Henderson County State's Attorney David Vancil on behalf of one of Vice's exwives, Kim Polhans.
"I ... wear a diaper because I have no control of my bladder or bowels," Vice said. "That's embarrassing for a 13yearold. I'm facing several surgeries ... and will be forever reminded of what happened on that awful night.
"You can mend many things, but you can never mend a broken heart."
Boyd then read his apology, acknowledging it would not affect his sentence. During his statement, Boyd also said he would regret never being able to see the Grand Canyon or the oceans.
In sentencing Boyd, Clerkin said the cost to incarcerate convicts now exceeds $21,000 per year, but that a message must be sent to other potential criminals.
"I would hope that any potential criminal would be hanging on what I am about to do here in Oquawka, Ill., on July 8, 2002," he said before pronouncing the combined 110year sentence.
Earlier in the court day, Clerkin denied defense motions seeking a new trial and an arrest of judgment.
Vancil said he was pleased with the sentence.
"I'm happy that this predator is going to spend the rest of his life in jail," he said.
Vancil added that he could understand how the trial had taken its toll on both the Vice and Boyd families and added, "I have compassion for both families."
Boyd's attorney, Kimberly Norton, said she planned to file a motion asking that the sentence be reconsidered.
New Motions Filed Prior To John Boyd Sentencing, Kimberly Norton, John Boyd's lead attorney filed a motion challenging, among other things, jury selection and was seeking to throw out the jury's verdict.
Henderson County State's Attorney David Vancil filed responses objecting to each point. The motions were considered prior to sentencing.
In addition, Vancil has filed two motions in preparation for the upcoming trial of Brian O. Boyd, John Boyd's younger brother. One requests that his military records be subpoenaed, and the second seeks additional fingerprints.
The elder Boyd was the first of four men to stand trial Vice's murder. Vice was killed the night of May 3, 2001, in an attack that left his son, Darrell, now 13, paralyzed.
Brian Boyd's trial is slated to begin Aug. 19 in Macomb.
A third defendant, Stephen Howerton, testified against John Boyd and is expected to testify in the younger Boyd's trial as part of a plea agreement. Boyd and Howerton both live in Galesburg.
A fourth defendant, Dimitrious Androutsopolous, Fairview remains at large and is thought to have fled the country.