Jerni Warner Waives Segregation, Booked into General Population in Henry County Jail


The Kewanee Teenager charged with two Counts of Aggravated DUI in the deaths of Garry and Leah Kelly of Moline is now in custody of the Henry County Jail.  Jerni Warner, 18, of Kewanee waived her right to be segregated from other inmates in the Henry County Jail.  Defense Attorney Sullivan said in court that, based on cases cited in Statute 705 ILCS 405/5-410 paragraph (e), the court does have the authority to house Ms. Warner in the Henry County Jail.  Mr. Sullivan requested a transfer on behalf of his client.  Judge Cosby explained to Ms. Warner her right to be separated from other inmates but he can’t order the jail to hold her separate because they cannot accommodate it.  Ms. Warner verbally confirmed the request to move to the Henry County Jail and was made of her own free will.  State’s Attorney Runty said she has much better expectations for medial care for Ms. Warner at the Henry County Jail.  The Mary Davis Detention Center can’t accommodate her medical needs.  Attorney Sullivan Agrees with State’s Attorney Runty.  Jerni Warner is charged with two counts of Aggravated DUI/Death (Class 2 Felony).

Judge Cosby signed the transfer order.  Jerni Warner was booked into general population of the Henry County Jail following the Status Hearing.  Attorney Sullivan requested to move to Jury Pre-Trial because he needs to see what happens with his clients medical needs.  Jury Pre-Trial is scheduled for September 22, 2022, at 11 AM.

The previous Defense Attorney contested the State’s request last year to move Jerni Warner from Mary Davis to the Henry County Jail.  Mr. Gullberg used the Concurrent Jurisdiction Act as his argument.  On August 17, 2022, Judge Cosby said there are statutory limitations.  “I don’t know if the statute allows it”.  There are limits on restrictions on how she is housed.  “Can those restrictions be waived?”  “I’m not prepared to answer that now.”  Judge Cosby said the court could take a recess to research the statute.  Both Attorney’s were told to research the statute to determine if the court could sign transfer orders and if Ms. Warner is allowed to waive her right to be separated from all inmates.

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