Feds will review recent Madison County murder cases, but say not all are eligible for death penalty

Pictured at top are Brady Kane Witcher and Brittany McMillan, and Timothy Banowetz, bottom. Pictured at top are Brady Kane Witcher and Brittany McMillan, and Timothy Banowetz, bottom. Image 1 of / 1 Caption Close Feds will review recent Madison County murder cases, but say not all are eligible for death penalty 1 / 1 Back to Gallery

EDWARDSVILLE — The U.S. Attorney’s Office on Tuesday issued a public statement saying it would examine recent high-profile murders in Madison County, but stressed stringent legal guidelines that could prevent federal authorities from stepping in.

The statement comes in response to a request by Madison County State’s Attorney Tom Gibbons to have the cases of a man charged in the murder of Edwardsville attorney Randy Gori, as well two other suspects accused of killing three in Bethalto, be moved to federal court so the death penalty could be pursued.

“The murder of Randy Gori was a senseless and brutal crime,” the statement begins. “We at the U.S. Attorney’s Office join the community in shock, grief, and outrage. Other area homicides described in recent media accounts also appear to be heinous acts of cruelty that demand justice. This office will promptly review any request we receive to open an investigation, but we cannot assess whether federal law has been violated until the facts from the investigations are presented to us.”

The statement explains that cases prosecuted federally fall under three categories — if the crime involves a federal official, if the murder occurred on federal land or if the killing occurred during the commission of another federal offense, such as bank robbery.

“Not all of these crimes are punishable by the death penalty,” the statement says. “Nor does a homicide automatically become a death-eligible federal crime simply because someone crossed a state line.”

Gibbons has said that since Illinois abolished the death penalty in 2011, “I no longer have available to me the ultimate punishment for the most brutal and heinous crimes.”

The U.S. Attorney’s Office says for a crime to be considered eligible for the federal death penalty, the case must be reviewed and evaluated by the Capital Case Section within the Criminal Division of the Justice Department in Washington, D.C.

“The process culminates in a decision by the Attorney General of the United States to seek or not to seek the death penalty against an individual defendant,” the statement said. “Those decisions are based upon the specific facts and laws applicable to the case, with the goal of ensuring that the federal capital sentencing laws are applied consistently and fairly across the nation.

“We have a long history of working with our state and local law enforcement partners to achieve just outcomes in southern Illinois, and we will continue to stand with the victims’ families, the police, and the Madison County State’s Attorney’s Office as the community seeks justice for these crimes.”

THE CASES

On Dec. 19, Shari Yates, 59; Andrew “AJ” Brooks, 30; and John McMillian, 32, were shot to death in a Bethalto home. Brady Kane Witcher, 41, and Brittany McMillan, 28 — both of Birmingham, Alabama — have been charged with first degree murder, armed robbery and aggravated vehicular hijacking in their deaths. Witcher also has been charged with unlawful possession of a weapon by a felon.

According to court documents, Witcher and Brittany McMillan also are accused of killing a woman in Alabama on Dec. 13 as well as kidnapping a couple, stabbing one of them and taking their car in Nashville, Tennessee on Dec. 14. They were arrested at a motel in Hazelwood, Missouri, allegedly in possession of Yates’ vehicle, on Dec. 19.

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On Jan. 4, Randy Gori, 47, a prominent attorney, was killed in an unincorporated area of Madison County outside of Edwardsville. Timothy Banowetz, 28, of Wentzville, Missouri, has been charged with first degree murder, armed robbery, auto theft and aggravated unlawful restraint in connection to his death.

Court documents allege Banowetz travelled by automobile from Missouri to a secluded location near Gori’s home where he threatened Gori and two minor children with a deadly weapon and restrained them. The victims allegedly were taken into the home by Banowetz, who also is accused of stabbing Gori to death. Court documents state the crime was interrupted by an individual who had arrived at the house, prompting Banowetz to flee.

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On Jan. 9, Kadeem Noland, 27, of St. Louis, and Christine Mills, 34, of Granite City, allegedly were staying in St. Louis and travelled to James Thomas’ home in Granite City. Court documents allege they fatally shot Thomas just inside the front door of his home before fleeing back to St. Louis.

Noland and Mills both have been charged with first degree murder. Noland also has been charged with unlawful possession of a weapon by a felon.