The prime suspect in a Rockford murder will only spend three and a half years in prison. That's because Antwan Maxey could only be sentenced on aggravated fleeing to elude charges.
Maxey was accused of shooting Charles Spivey to death back in January 2011 with two other men. Witnesses say Maxey pulled trigger on the gun that actually killed Spivey. The other two men, Lamont Cole and Clifford Horton were allegedly there when it happen.
During Maxey's murder trial a judge ruled his constitution rights were violated and the charges dismissed. He was re-arrested for a charge he never faced, running from the police. This happened after a first degree murder warrant went out for him.
Maxey admits he ran a red light and crashed into an SUV carrying a Winnebago County woman and her 1-year-old daughter. The woman's car was totaled and had to go to the hospital.
Today, the state argued that with Maxey's long criminal history that includes aggravated battery to a police officer, resisting a peace officer and felony theft, he should get the maximum for the fleeing charge, six years.
The defense says Maxey admitted he was wrong and that the state should not have even been able to bring the charges after he was about to go free when the murder case was dropped.
The judge called Maxey's behavior dangerous and wanted to send a message to people who think in the future there would not be any consequences for running for the police. That's why the judge said he gave him three and a half years.
But for Charles Spivey's family it was no where near enough time.
"I don't think it was fair, I don't think it was fair," says Annie Spivey, Charles Spivey's mother.
"He needs the max. Listening to his history it's like ok, a person is constantly getting in trouble especially for the same stuff obviously they haven't learned their lesson, they are going to continue to do it. Like he is a menace to society he don't need to be out here," says Alexandria Spivey, Charles Spivey's sister.
The defense did not comment following the verdict but did ask for more credit for time already served to go towards the three and a half year sentence.
The other men charged with Spivey's death are still in jail. Clifford Horton is awaiting his murder trial. Lamont Cole has been found guilty and will be sentenced for Spivey's death on Friday, March 22, what would have been Spivey's 28th birthday.
The man investigators say fired the shot that killed Charles Spivey in January of 2011 has been sentenced on charges of Aggravated Fleeing to Elude.
Antwan Maxey was sentenced to three and a half years in jail with one year of probation and ordered to pay $500 in restitution on Wednesday, March 20, 2013.
The charges stem from an incident on May 31, 2011, when Rockford police officers were on a warrant check with an IDOC Parole officer. Antwan Maxey pulled up next to his parole agent on Jilson, but did not get out of his vehicle. He then fled northbound and Rockford Officer Honzel turned on his emergency lights and chased after Maxey after he passed the officer's car at Avon and School Street.
Maxey also ran a stop sign at Haskell and Bruce and a red light at Ridge and Auburn before crashing into another car and driving away. The chase was called off due to safety concerns.
He pled guilty to two counts of Aggravated Fleeing in January 2013.
Maxey was charged in the death of Spivey, but first degree murder charges against him were dismissed in January 2012 after his defense filed a motion to dismiss because his constitutional rights to a speedy trial were violated.
Two other men allegedly involved in Charles Spivey's murder, Lamont Cole, and Clifford Horton have been charged with murder. Cole was found guilty in December 2012 and Horton is still awaiting trial.
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