A Clay County jury took two days to find a Saline County resident guilty of six felony charges. KMZU’s Chelsea Wade reports:
Press Release from the Office of Prosecuting Attorney Donald Stouffer
Editor’s note: The names of the victims have been retracted from Stouffer’s release.
On March 27, 2013, following a three-day trial, a Clay County jury returned guilty verdicts against Saline County resident, Irvin Riley, on six felony charges — two counts of assault in the first degree, two counts of armed criminal action, one count of burglary in the first degree and one count of exhibiting a dangerous instrument in a threatening manner. Prosecuting Attorney Don Stouffer presented the case against Riley, with the assistance of Administrative Assistant Kim Owen. Riley was tried as a prior and persistent felony offender, and faces potential sentences of up to life in the Department of Corrections on all of the counts except the exhibiting a dangerous instrument charge, where the maximum punishment is up to seven years in the Department of Corrections. Because of Riley’s record of prior convictions, and because assault in the first degree is a dangerous felony, current parole guidelines require that he serve 85% of any sentence imposed by the court.
The Riley case arose out of a 911 call from a 17-year-old girl. The reporter said that her mother’s home in Marshall had been invaded by Damien Riley and Irvin Riley, and that a visitor at the mother’s home was lying on the floor in a pool of blood. She also said that her mother was holding a blood soaked towel on a head wound. Marshall Police officers responded to the scene and learned that Damien Riley and Irvin Riley had forced their way into the home, that Damien Riley struck the victim on the back of the head with a crowbar, and then both Damien Riley and Irvin Riley beat the girl’s mother, after which Damien Riley struck her in the head with a crowbar. A quantity of prescription drugs was stolen during the home invasion, but the reason for the assaults was never discovered by authorities. Co-defendant Damien Riley previously entered a guilty plea and was sentenced to serve seven years in the Department of Corrections on two counts of assault in the second degree and three years on one count of armed criminal action. Irvin Riley is set for a sentencing hearing on May 1, 2013.
Stouffer said the Riley trial was complicated because one victim was in prison on a parole revocation proceeding in another Saline County case. The second victim could not be located by authorities to serve a subpoena for his attendance at trial. Thus the case rested on the testimony of a convicted felon and the 17-year-old girl. The Riley jury began deliberations Tuesday afternoon, but could not reach a verdict. On Wednesday, another two hours of deliberation resulted in the six guilty verdicts.
Stouffer praised Assistant Prosecutor Josh Taylor and Administrative Assistant Kim Owen for their dedication and willingness to spend time away from their families in their efforts. “I am an elected official and thus expected to devote all of the time necessary to convict these people. Josh and Kim are not and cannot be sufficiently compensated for their time and expertise. Saline County is lucky to have these two people working for them, and without them, these successful prosecutions would not have been possible.”