NORMAN
V. KELLY
A GHASTLY FIND
It was a nice day for a bike ride that May 19, 1983 when
two young men stopped their bikes on a small bridge over Funk’s Run Creek. They
had traveled at their leisure in Tazwell County, crossed over into Woodford
County and stopped to rest and stretch.
The sun was going down, as they talked about the day’s ride. There was a slight, warm spring breeze
kicking up and the boys enjoyed the moment.
One of them commented about an odor in the air, his companion sniffed
and walked east as the aroma got stronger.
They stopped in horror as they looked down at something sticking out of
a green, plastic bag. They inched closer
until the realization of what they were looking at dawned on them. Once they
slowed their heart rate down enough to act, they hopped on their bikes and
raced off toward the nearest telephone to call the sheriff.
It was dark now as a Woodford County Deputy pulled his
patrol car up to the edge of the bridge the boy’s had described. He sat a moment listening to the noise of the
evening outside his rolled down window.
He snapped on the cruiser’s flashing lights, grabbed his flashlight and
got out of the car. The breeze had
kicked up and the smell was coming directly at him. The deputy trained the light ahead and walked
to the side of the bridge. Moments later
he was back at his vehicle, radioing in his gruesome discovery. The officer was careful not to be too
descriptive as he reported to the sheriff.
“I’m two
miles north of Route 116 right here at
Funk’s Run Bridge. No doubt it’s
ours here in
Woodford County, Upper Spring Bay Road.
It’s real rural out here so we’ll need some lights.”
A VERY BUSY NIGHT
The deputy repositioned his squad car and put out some
flares on both sides of the road. He
would turn back any car that happened by, but none ever approached the
bridge. A few minutes later the officer
heard the siren off in the distance and moments later the flashing lights of
the Spring Bay Fire Department. Snapping
on his flashlight, he stood ready to guide the truck up to the bridge. As it pulled up he greeted the driver and
told him to position the truck close enough so he could shine the powerful
truck’s spotlight on the object. Soon,
the firemen and deputy were staring down at a green bag that had been tossed
off to the side by the bridge. One of
the firemen made a move toward it but was stopped by the deputy. “Better wait until the sheriff gets here.”
The sheriff’s car could be seen coming down the rural road
followed by a couple of other vehicles.
The deputy greeted his boss, as the other cars parked behind the
sheriff’s car. Once out of the car,
Sheriff Quentin (Jim) Durst instructed
everyone with a flashlight to make a thorough search of the grounds. He told
them to be careful, and to bring back anything that looked out of place. He
then went with his deputy over to the green bags, to have a look for himself.
The powerful light bathed the bags in an eerie cast of
light and shadow as Durst snapped on his own flashlight. He squatted down moving his flashlight back
and forth. With his gloved hand he pulled
one of the bags open and viewed the grisly contents. He ordered photographs as
he turned to his deputy.
“It’s a murder no doubt, but it
doesn’t look
like the killing
was done here. No, the body
was dumped
here.”
The sheriff started assigning his men to tasks as he began
to make contact with nearby towns and departments he needed to aid him. He called the State of Illinois to ask for
the services of Robert DuBois, a crime scene investigator. The press, the TV
media and anyone that thought they belonged at the scene flocked out to the old
rural bridge. The officers began
blocking off the road and flashing lights filled the night with colorful hues.
They worked well into the night, taking more pictures,
continuing the search around and under the bridge. The media sniffed out the scene and soon
their camera lights added to the brightness of the night. The coroner soon took over and he made a lot
of requests as the men scurried about trying to secure the scene. Once the
coroner ordered the remains, or what was left of them, taken away, soil samples
under the body were taken. More
photographs and finally the squad lights were turned off. One lone deputy was
left at the scene as the eastern sky lit up with the first signs of a new May
morning dawning.
THE BODY IN THE
BAGS
Cars from the sheriff’s office were back at the scene
before the sun came up with orders to make another thorough search of the
entire area. The sheriff would talk to the boys that discovered the body and of
course a house-to- house investigation would be made of the surrounding
area. Someone might have seen something
that would help with the investigation.
Sheriff Durst was at his office conferring with the coroner, deputies
and waiting for the photographs to be developed and handed to him. He also had
a few more telephone calls to make.
Later in the day Sheriff Durst called the Chief of Police
in Peoria, Illinois. As far as the sheriff was concerned, most of his job was
done. Of course he would continue his
questioning of local folks but the important information he had discovered
would send the case back over to Peoria County.
“Afternoon, chief, I wanted to get
back to you on that
body we found in the trash bag over here. The
dead man
is Jeffrey J.
Williams, age 26. His listed address is
401
Hayward over
there in Peoria. No doubt the body was
dumped over here, chief. I think you got yourself a
murder. I’ll wait to hear from you once you check out
his address.”
THE SHERIIF
WAS RIGHT ON
Once the Peoria Detectives followed up on the sheriff’s
clue the rest seemed to come easy to the Peoria officers. The detectives quickly visited the Hayward
address and the case seemed to simply come together. Armed with search
warrants, police investigators swarmed over the house at 401 Hayward, searching
every square inch of the place with every forensic piece of equipment they had
available in 1983. It took very little
time to convince them that Jeffrey Williams had been murdered and butchered in
that very house. Detectives outside the
house were making headway in running down the girlfriend of the victim, and
soon the pieces fell into place like a horror jigsaw puzzle.
SOME
PARTS ARE MISSING
Once the body of Mr. Williams was taken to a funeral home
another horrible discovery was made…some of his body parts were missing! Both
his legs, as a matter of fact, and now the case took on a more bizarre twist
and the media swarmed over it from all over the area. Police were piling up the evidence collected
from the house. Bloody towels, blood samples from the sinks and bathtub, and
scores of other evidence that needed to be analyzed. They went to work on the neighborhood
convinced that someone must have heard the shots and knew a lot more that the
police knew. They talked to every single
person they could, but got very little information. The connection between the dead man and his
girlfriend seemed to be about all they really needed.
Thirty hours after The Woodford County Sheriff had handed
the case to them, they arrested Jeffrey Willams’ lady friend. They charged her
with concealing a homicide. This is what
the state’s attorney often charges suspects with, because it is quick, and allows
the police to take the suspect in custody.
I laugh at this charge because I wonder what you would do if you
murdered someone…reveal it everyone. But
it worked and the lady Williams shared the house with was now in custody. They had not revealed her name as yet, but
plenty of neighbors knew who she was, that’s for sure.
MAY 26, 1983
Another glorious spring day that brings Peorians down to
the river’s edge, but today many of them were over at the Peoria County
Courthouse. Attorney James Hafele would represent the defendant with Judge Joe
Billy McDade the presiding judge. Today would be the first chance the media and
the local citizens would get a look at the woman police were accusing of
dismembering her boyfriend. It was
exciting stuff, and the courtroom filled up in minutes.
Folks always have a preconceived notion as to what a
monster, or a killer or sex offender looks like, but they are never right. That certainly held true when they got their
first look at this alleged murderess. A pretty
young lady walked in with her attorney and took her seat at the defendant’s
table. She wore the jumpsuit of a Peoria County prisoner, and was employed over
at her hair was long and attractive, and she seemed so small. Her name was
Roberta M. McCumber, age twenty-two, and she worked over at Saint Francis
Hospital. Reporters told their readers that she was a divorced woman with a
three-year old daughter.
She was to be arraigned and charged with concealing a
homicide, obstructing justice and theft. Police had impounded her car and
forensic people had found blood, a gun and the odor of something that had been
in the trunk of her car. All of that
would come out later, but as for today, it was more show and tell than anything
else.
Attorney Hafele argued for the bond to be set low enough
so that his client could go home and take care of her young daughter. Assistant
State’s Attorney Patelli argued to the court the severity of the crime, the
brutal way it was carried out and asked the court to set the bond at
$100,000.00, McDade finally settled on half of that. That meant she had to come
up with 10% or some valuable property. That afternoon the alleged killer was
free and on her way home.
NO MURDER
CHARGES
There are quite a few court observers and folks that take
a great interest in what goes on in our courthouse. The question from them to the reporters was;
‘Where was the murder charge’? Well,
the state attorney’s office had a plan and what it was waiting for was the lab
results on the gun and all the blood analysis from the results of searching the
defendant’s car. Once all that was in and the proof was all there, the final
charges would be made. The charges the SA filed against her were sufficient for
the moment and even though she was out on bond, they felt reasonably certain
that she would face additional charges.
An additional problem was finding the two missing legs of
the victim. The police agencies were working on that, and folks in Peoria and
Woodford County were extremely interested in this murder case, I can tell you
that.
Going on the premise that the body was dismembered in
McCumber’s apartment the police set out to find witnesses. They discovered that two boys had helped her
put something in the trunk of her car, and they meant to find out exactly what
that was. Their investigation led them to believe that the killer shot Williams
in the apartment, dismembered him there, and put the body in different trash
bags. The body was dumped out in
Woodford County and the legs were dumped somewhere else. So, all they had to do was find them. That was the question folks talked about here
in town and over in Woodford County as well. Where were Jeffrey Williams’ legs?
Police now felt that the killer put the legs in the bags
and then the boys innocently helped her put them in the trunk of her car. Their
investigation led them to believe that the killer was looking for a dumpster
away from her neighborhood. Once the
suspect found the right one, the legs were tossed into the dumpster and taken
out to the county dump. So… a massive
crew of officers headed out to the dump.
The ‘pleasant’ work went on for days off and on.
TELL IT
TO THE MARINES
Police spoke to the garbage man and he told them he
remembered throwing “Something long and smelly into his truck.” He thought it was a dead dog. With that clue
the police called out the Marines. Charlie Company from a local group brought a
tractor and went out to the dump to help.
They, along with a lot of soiled police officers hunted around the dump,
looking for a green smelly bag. After long, diligent searches, officers finally
gave up. The SA informed the press that
his office did not need the legs to fully prosecute the case he had against
McCumber.
NEW NEWS?
The appetite for sensational news in a murder case is
insatiable, so during the lull, local reporters manage to keep our interest up
with articles to keep the story alive.
Reporters told us that Williams, the victim, was a musician and that at
one time he lived with the accused on 609 Tracy here in Peoria.
He was twenty-six and had a minor police record, which the
press shared with its readers. He once lived in Woodford County where he was
convicted of possession of Marijuana. From Tracy, the couple moved over to 401
Hayward, Apartment A.
WOULD IT
PLAY IN PEORIA?
It is only natural that a case like this one would get all
the press and media coverage that could possibly be reported. And…as usual,
that gave the defense the opportunity to seek a change of venue. Always the
question to the court was this: “Judge,
how the local jury pool can not be prejudiced against my client?”
The final charge of murder was lodged against Roberta
McCumber and that sparked another round of hearings concerning her bond. The
judge set her first-degree murder bond at a half million, later reducing it to
three hundred thousand. Did McCumber
have the assets to cover the bond? No. She remained in jail awaiting her trial.
During the time Mcumber languished in jail her attorney
was busy filing motions and seeking mental examinations of his client. He was also busy convincing Judge McDade that
a change of venue was appropriate. A
hearing was held and the judge agreed.
The trial would be moved to Dupage County in Wheaton, Illinois. Wheaton or Peoria, the charges and the
evidence would stay the same, so Wheaton it would be. Of course that
disappointed the local folks who would have to travel quite a distance to see
the big show.
Before the trial got underway a friend of McCumber got
himself in trouble for trying to create an alibi for his friend, Roberta. He was charged with obstruction of justice
and was later sentenced to two years in jail.
DECEMBER 4, 1983
WHEATON, ILLINOIS
Judge Peter Paolucci called the packed courtroom to order
and the hot ticket trial was underway up north of Peoria, Illinois. Small towns
always win in situations like this as strangers from all over the state rush to
their towns. It certainly was the same
in Wheaton, Illinois. The state was still represented by Mr. Pattilli, and the
defendant had her attorney, Mr. Hafele.
The opening statements outlined the battle to come, and
the atmosphere in the courtroom was one of intent interest. Hafele told the jury that his client shot
Williams in self-defense during one of the frequent arguments the couple had. The prosecution had a little different take
on the matter, telling the jury that the defendant shot Williams twice
deliberately. Once the lawyers finished the opening statements the real trial
began.
The pathologist instructed the court that Williams had a
bullet lodged near his spine and that he had found a bullet in the head of the
victim. He then went into the grisly discussion of the missing legs, indicating
that they had been chopped or sawed off with some instrument, perhaps an axe.
Later, evidence showed that the tools used were a hatchet and a saw, owned by
the landlord. A gun expert testified that the gun had a fourteen-pound pull on
the trigger and he doubted the gun could be accidentally fired. He also pointed
out the working safety on the gun.
I will just quote one witness to give you an idea of the
crushing evidence the defense attorney had to deal with. Ms. Riopell, Roberta’s friend was on the
stand. She told the jury that she had visited Roberta’s apartment and
complained of the terrible odor inside. She testified that she had asked Roberta
what it was. ‘Its burnt transmission oil,’ was the reply according to the
witness. Later McCumber confided in the
witness, telling her that she was a suspect in the murder of her boyfriend. Dramatically the witness said, “I asked her,
oh, my God, Roberta, was that his legs?”
“What did the defendant
say when you asked her that question?”
“She said, ‘Yes.’ ”
“Pyschokenic Amnesia,” that’s the reason McCumber was not
guilty of the murder of Mr. Williams.
Well, anyway, that is what Dr. Ziporyn testified to at the defense
aspect of the trial. This doctor
testified at the Richard Speck trial here in Peoria, Illinois. The physician
told the jury that although McCumber was mentally ill at the time of the
shooting, she was currently sane. Dr. Ziporyn liked to use that diagnosis, the
same one he used when he testified at the Richard Speck trial here in Peoria,
Illinois.
THE JURY
HAS THE CASE
The exciting drama ended once the judge charged the jury
to follow the law and reach a verdict. The question of whether or not McCumber
shot Williams was not at issue once the case ended. The question was under what
circumstances? The jury could find her
guilty of first-degree murder or several alternatives. It was pretty certain
among the spectators that she would not simply walk out of the courtroom a free
woman. Some of course disagreed. After all, Roberta was a sympathetic figure
sitting there in a white dress, appearing to be rather shy and harmless.
The ordeal was over and now all Roberta and her family
could do was wait and see what the jury decided. No living human being can
predict what a jury will do…especially the lawyers involved in the case. If the jury stays out a long time…that’s
good. No…if they stay out a short time…that’s
good. See what I mean? Hell...nobody really knows. In this case they deliberated for eleven
hours. What’s your guess? Good or bad?
AND THE
VERDICT IS?
Roberta McCumber was acquitted that Tuesday afternoon in
Wheaton,
Illinois. Hold
it…I’m not finished. She was found
GUILTY but was mentally ill on a Voluntary Manslaughter charge. The eight women and four men jury of Dupage
County had listened to the evidence, heard all the arguments and then they deliberated. The verdict was now part of the court record.
But, they were not done yet. The jury
found the defendant guilty of concealing a homicidal death and for obstructing
justice because she severed the legs to conceal the death.
Roberta burst into tears upon hearing the verdict. Were they tears of joy or sadness? Later, her attorney told the press that she
was confused at the verdict. Once the
verdict was explained, she was joyful, since the other charges would have sent
her off for a long, long time.
THE SENTENCING
PHASE
The ‘Guilty but mentally’ ill verdict meant that the
Illinois Department of Corrections had to provide psychiatric treatment to her
not only for just a couple of months, but until she was cured. As soon as she was pronounced ‘Cured,’ then
off she would go to complete her sentence.
Don’t sound so good now…does it?
The doctors had testified that she had been suffering from
extreme anxiety brought on by the abuse inflicted upon her by Williams. One of
the prosecutors had told the jury that McCumber lied about everything she said
on the stand. The defense team pounded away at the fact that the murder was a
justifiable homicide.
JANUARY 20, 1984
Judge Peter J. Paolucci was ready to pronounce sentence on
the defendant. It was a new year and
some time had slipped away. A lot of the media had lost interest in the case as
the folks crowded into the courtroom to observe the final outcome of the
exciting trial. A murder that had gotten some national coverage was now
concluding with a sentencing hearing.
Attorney Hafele allowed Roberta to make an appeal directly
to the judge. The drama built as she
stood facing the judge.
“To say I am sorry for what I
did to Jeff wouldn’t even be right.
But I’ll say that I
hate what I did to Jeff and I will know I’ll
remember it the rest
of my life. I know I need help and I just
hope you help me get
it.”
Roberta McCumber then admitted that she shot Jeff Williams
during an argument, using an axe and a hacksaw to cut off his legs. She explained that she then dumped the torso
somewhere in Woodford County and the legs in a dumpster near her parent’s home.
Judge Paolucci looked down at the hapless defendant and
said to her:
“Justice is a two-way
street. Society, the State, and the family of Jeff
Williams also have their
rights. Sometimes we forget about those.”
The judge talked about Roberta’s past, her three
abortions, including the one she had while awaiting trial in jail.
“Taking that in conjunction
with taking the life of Jeff Williams,
what value, may I
ask, does she place on human life?
The judge then sentenced Roberta McCumber to a
thirteen-year prison term. Roberta gasped and began crying as she was
handcuffed and then led away. Her distraught family watched in despair. The
time she had already spent in jail would be deducted from the sentence in the
Illinois Department of Correction in Dwight, Illinois.
WHAT ABOUT
AN APPEAL
January 14, 1986
Peoria, Illinois
Almost thirty-three months had passed and Roberta was back
in court. She came before one of Peoria’s best, Judge Calvin Stone.
“I certainly
would have considered a more severe sentence had
the court not
been restricted by law.”
The judge then reinstated a ten-year voluntary
manslaughter prison sentence and the three-year sentence for concealing a
homicide. In all, about one and a half years were knocked off her initial
sentence. Roberta McCumber, if all
things went well for her, could find herself out of prison in 1988 or early
1989. That information would be
available on your computer.
Editor’s
Note: Norm Kelly is a local historian,
author and lecturer. This story is abridged from his book MURDER IN YOUR OWN BACK YARD. Comments:
norman.kelly@sbcglobal.net
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