Oregon — The defense counsel for a Dixon man accused of killing three police officers on June 24 at his home has requested that an expert be assigned to examine if his client can receive a fair trial in Ogle County.
Jonathon Gounaris, 32, is charged with four counts of attempted first-degree murder, three counts of aggravated discharge of a firearm, three counts of aggravated battery, and two counts of possessing a firearm without a firearm owner’s identification card, all stemming from a June 12 standoff with police in the rural Dixon subdivision of Lost Lake.
Gounaris has pled not guilty to all counts and is being held at the Winnebago County Jail, Rockford.
His attorney, Ogle County Assistant Public Defender Michael O’Brien, submitted a motion on March 6 requesting that Judge John “Ben” Roe “appoint an expert and/or reimburse defense costs to assist in presenting a change of venue request.”
A motion for a change of venue often requests that the trial be moved to a different site. These motions typically state factors that the filing party believes would preclude a fair trial in the county where the matter was filed. Pretrial publicity is frequently cited as a justification for a change-of-venue request. This survey is one of the tools that defense counsel might use before filing a motion for a change of venue.
In his request, O’Brien claims that the court should let and pay for a company to “explore the likelihood that this case should be tried” in another county since there is “prejudice against” Gounaris and he cannot receive a fair trial in Ogle County.
O’Brien further claims that “adverse pre-trial publicity” prevents Gounaris from obtaining a fair and unbiased jury. He also criticizes the use of force by police and its legitimacy in the motion.
Gounaris faces charges for shooting three officers of the Ogle County Sheriff’s Office Emergency Response Team after a three-hour standoff at his home at 402 Wild Rice Lane in Lost Lake, a rural community east of Dixon.
During a news conference on June 12, Ogle County Sheriff Brian VanVickle stated that officers were called to the residence at 8:39 a.m. that day, with the warning that it may be a “suicide-by-cop” case. The officers were informed that Gounaris had threatened suicide and homicide.
Shortly after cops arrived, the Ogle County Sheriff’s Office Emergency Response Team was summoned. That squad consists of members from many agencies, including the sheriff’s office, the Oregon and Byron police departments, and SWAT medics from the Rochelle Fire Department.
Police attempted around 60 phone calls to the residence, Gounaris’ cellphone, and a throw phone stationed inside the home, according to VanVickle.
At 11:53 a.m., cops broke through the home’s door and were immediately met by gunshots from within, according to VanVickle. Three deputies and Gounaris were shot while exchanging gunfire.
Lt. Jason Ketter of the Ogle County Sheriff’s Department was shot in the face and transported by air ambulance to OSF Medical Center in Rockford for surgery. He was released from the hospital on June 14.
Tad Dominski, an Ogle County Sheriff’s Deputy, was shot in the arm, while Tyler Carls from the Rochelle Fire Department was shot in the torso. They were treated at KSB Hospital in Dixon and released that evening.
Gounaris was also shot during the exchange of gunfire and was transferred to KSB Hospital in Dixon for treatment before being lodged into the Winnebago County Jail on June 18.
In September, Winnebago County State’s Attorney J. Hanley conducted an independent assessment of the Ogle County Response Team’s use of force and ruled that the deputies behaved lawfully because they only discharged their firearms after being shot at by Gounaris.
O’Brien claims in his motion that the officers “have received awards or public commendations (reported in the news), further demonstrating to the public that police conduct was not only reasonable, but also worthy of public praise.” Such materials declaring that an officer’s conduct was legal,’reasonable,’ and worthy of honors wrongly indoctrinate potential jurors on a critical trial issue.”
O’Brien claims that, in conjunction with Gounaris’ arrest, the Ogle County Sheriff made sections of recordings and news releases available to the public.
“Such videos and press releases improperly provide highly publicized, edited information to the jury pool,” he argues, adding that social media posts and related comments about the videos and press releases “establish the pervasive nature of the above issues, and establish Defendant cannot receive a fair trial in Ogle County.”
O’Brien has asked Judge John “Ben” Roe to allow the defense to employ Magna Legal Services to conduct the poll.
“While the exact fees will vary depending on the actual work performed, the above firm estimates expense would be $22,500 as a flat fee to conduct a base study, and $7,257 for additional juror review,” O’Brien argues in the request, adding that Gounaris is “indigent and unable to pay” for the service.
According to O’Brien, the appointment and/or reimbursement are required to give Gounaris with a “fair trial and preserve his right for due process.”
The Ogle County State Attorney’s Office has yet to respond to the motion.
During the March 6 hearing, O’Brien also requested a new date to hear Gounaris’ motion to be released from custody as his case moves through the court system. Roe has repeatedly refused Gounaris’ pretrial release, citing the gravity of the allegations and community safety concerns.
O’Brien has filed an 11-page motion stating why he believes Roe should grant his parole.
Some of those arguments claim Gounaris was alone in the house and did not pose a threat to anyone else, no warrant was asked to enter the house, and officers neglected to declare their presence before forcing their way inside with their firearms drawn.
The motion alleges that police used “military-style arrest tactics to check on a paranoid individual.” This is an unreasonable and completely unneeded escalation of the problem.
O’Brien contends that Gounaris should be released on court-imposed conditions, and that he is willing to participate in mental health treatments and any recommended counseling.
“Defendant’s counsel asserts that the alleged facts relied on for the forced entry clearly establish that mental health issues are the underlying problem that should be the focus of pretrial orders,” according to the request.
During the March 6 hearing, O’Brien requested Roe to schedule a separate hearing to hear arguments for Gounaris’ release.
Roe scheduled the hearing for 9:30 a.m. March 17.
At a Jan. 23 hearing, O’Brien stated that “the call [to police] was made because of mental health concerns” and described the police response as a “paradox of a welfare check.”
Assistant State’s Attorney Heather Kruse responded, saying Gounaris’ detention has been reviewed numerous times since his arrest and that he should remain in custody.
She claims that police made many calls to the house before using the throw phone, which was done before entry was made.
When officers broke down the door to the residence, “the defendant fired before anybody entered the home,” Kruse said, adding that Gounaris was wearing a bulletproof vest and began “shooting multiple rounds not only into but also at officers.”
