Defense: Prosecution lacks evidence

BY MELISSA BATKA
Times Correspondent | Thursday, January 10, 2008 | No comments posted.

JOLIET | Defense attorney Dave Carlson said Wednesday the prosecution has failed to prove father and son Roc and Lee Van Guilder are guilty of any wrongdoing in the Peotone airport project property damage case.

The Van Guilders, both of Lowell, were charged with misdemeanor criminal trespassing and criminal property damage in March.

The record, Carlson said, is thus far devoid of evidence that a heavy equipment operator intentionally committed a crime or got his orders from the Van Guilders. Illinois code states that all parties involved must have a shared mental state or, either before or during the event, a person must agree or attempt to aid another person in the planning or the commission of an offense.

Instead, the evidence showed the Van Guilders, then employed with Hanson Professional Services Inc., hired Alpine Demolition Services to oversee the destruction of homes in the footprint of the proposed Peotone airport, Carlson said.

Karsten Pawlik, who was supervising the job for Alpine, testified Tuesday he was in charge of giving orders the day in question, Dec. 1, 2006. He said he made the decision to take the equipment across Marc Baugh's farm at 2865 W. Eagle Lake Road in Beecher without instruction from the Van Guilders. He said he was unknowledgeable of property lines and did not intend to commit a crime.

Bob Gatto, an independent excavator who was operating a backhoe, also took the stand Tuesday and said he got his orders from Pawlik and was aware he was crossing private property.

Pawlik, who was granted immunity by the prosecution, would not suffer any consequences for admitting guilt, Carlson reminded Judge Marilee Viola. Carlson said Pawlik admitted to making a mistake, which negates criminal intent. This, Carlson said, should be enough to acquit the defendants.

Prosecutor Nicole Moore said the testimonies established that the Van Guilders had knowledge of property lines, allegedly decided to not contact Baugh for permission and agreed to pay for damage. Moore said this is proof of authority, guilt and accountability.

As the prosecution rested, the defense called Roc Van Guilder to the stand. Van Guilder said he had spent the last six years working with the Illinois Department of Transportation on the airport project. As project manager, he said it had been his responsibility to oversee land acquisition, demolition and to help relocate residents.

He said Alpine was hired to execute the demolition of the state-owned property that day. As one of Hanson's subcontractors, Alpine was charged with making sure the job was done in compliance with federal, state and local laws, he said.

When the crew was informed they would not be able to cross Eagle Lake Road to gain entry to the demolition site, Van Guilder said the only instruction he gave Pawlik was to stay off private property until they gained authorization.

Roc Van Guilder said he and son Lee Van Guilder went to Baugh's house to ask permission to cut across his land. Shortly after, Roc Van Guilder said, he received a call from Pawlik saying a man was waiving a gun at the equipment operator.