Byron man sentenced to 25 years in prison for predatory criminal sexual assault

OREGON — A Byron man who was found guilty three years ago of sexually assaulting two young girls in 2004 and 2008 was sentenced to a total of 25 years in prison Friday, April 11, following an emotional hearing in a packed courtroom at the Ogle County Judicial Center.

Duane Upchurch, 60, was ordered to serve two consecutive 12-year, six month sentences in the Illinois Department of Corrections despite pleas from his attorney that lesser sentences were warranted based on Uphurch’s age, medical condition, and lack of prior criminal history.

But the two victims Upchurch was found guilty of assaulting tearfully told Ogle County Judge John “Ben” Roe that he had scarred them for life and was a “predatory monster” who should be put behind bars.

“How do you quantify the impact of abuse,” one of the women asked when reading her victim impact statement. “As an 8-year-old, he made me feel disgusting. I struggled with self worth, depression...crippling anxiety.

“He abused and traumatized numerous children. The justice here today will not fix the damage,” she continued, urging Roe to put Upchurch “away from anyone he can harm.”

The other woman said Upchurch assaulted her numerous times.

“Duane Upchurch raped me on many occasions when I was 5-6 years old,” she said, looking at Upchurch as he sat with his attorneys.

Upchurch was found guilty in May 2022 of two counts of predatory criminal sexual assault of a child in 2004 and 2008, both Class X felonies, and two counts of aggravated criminal sexual abuse, Class 2 felonies, with both girls being under the age of 13 when the crimes occurred.

He was found not guilty of two counts of predatory criminal sexual assault – one in July 2005 and 2008 and the other in September 2004 and 2008.

He was arrested Aug. 8, 2019 by Ogle County sheriff’s deputies following an investigation by the Ogle County Sheriff’s Office that began in March 2019. He was charged in August 2019 for the offenses which prosecutors said occurred in September 2004 and 2008.

Upchurch posted bond and was released pending his trial in 2022. He has been in custody in the Ogle County Jail since he was found guilty.

Roe presided over the April 2022 bench trial. Upchurch’s sentencing hearing was delayed several times for post-trial motions and responses.

About a dozen people were in the courtroom in support of the victims on Friday while approximately 20 came to show their support for Upchurch.

One of the victims told the court it took her 19 years before she could face coming forward about the incidents.

“The abuse and rape has shifted everything for me,” she said. “I’m telling my truth today to protect other children. He is a vile child predator. I am no longer a weak, scared little girl.

“This predatory monster deserves life behind bars. He has a sick and disgusting attraction to children,” she said.

Upchurch’s attorney, Stephen Komie of Chicago, presented one witness in mitigation – Dr. Pedro De Guzman, a physician who examined Upchurch in the Ogle County Jail’s clinic in March.

Guzman, an internist, said Upchurch had high blood pressure and other health concerns that could result in a stroke or heart attack if not treated correctly.

When asked by Komie to give a prognosis for Upchurch, Guzman replied: “It would be a bad prognosis.”

“If he were to be sentenced to 10 or more years in prison?,” asked Komie.

“I don’t think he would survive it,” Guzman replied. “He will progressively decline.”

Komie asked Guzman if he was recommending Upchurch be sent to a prison that has hospital services.

“Yes, but I think he needs more than that,” Guzman replied.

“You have no experience whatsoever with the care given in prisons,” Ogle County State’s Attorney Mike Rock said to Guzman in cross examination, adding that Upchurch’s conditions were not unusual for a person of his age.

Under redirect questioning by Komie, Guzman agreed that “medical care was generally not as good as it is on the outside.”

Attorney arguments

Rock said lives had been forever changed by the actions of the defendant.

“They [victims] are haunted by what happened to them at such a young age,” Rock said. “He repeatedly raped them.”

Rock said the victims were “recounting the horrors” while Upchurch “focuses on multiple women who he says wanted to hurt him.”

“He takes no responsibility,” said Rock. “This defendant took away their innocence at a very young age. We demand that this defendant never has access to a child again.”

Rock recommended Upchurch be sentenced to 25 years in prison on each of the Class X offenses and 4-6 years on the other charges.

“We are well aware of the defendant’s age. The state does not want this defendant to be in the community ever again where he can perpetrate these horrors again,” Rock said.

Komie asked Roe to use sentencing guidelines from 2004 and argued that Upchurch had no prior criminal history.

When asked by Roe if he wanted to make a statement to the court, Upchurch declined.

Judge’s sentence

Roe recessed the hearing for an hour while he reviewed arguments, testimony and evidence presented at the hearing – including the victim witness statements and written character statements.

He acknowledged that Upchurch had minimal criminal history.

“He has led a law-abiding life for a substantial time,” said Roe. “We did hear from victims that were here this afternoon and one other person. It’s all very relevant to me. There were powerful statements from the victims. I have to balance what is appropriate with what is just.”

“This was an emotional case from the start to the finish,” Roe continued. “I do know the defendant has a lot of support here... the state and what they represent - the people to my left the victims and interested parties. It’s a full courtroom.”

Roe said he read through the written statements submitted by Upchurch’s family members and friends.

“There’s been lots of harm done to them too,” Roe said. “I recognize that. And I weigh that with the lifelong trauma of the victims. And when I do so, this is what I believe is appropriate.”

Roe sentenced Upchurch to 12 years, six months in prison for each predatory criminal sexual assault charge – to be served consecutively – and 5 yrs in prison for each of the other charges, to be served concurrently.

“That will be a total of 25 years, served at 85%,” Roe said.

When released, Upchurch will be supervised for three years and must register as a sex offender for the rest of his life.

Upchurch will get credit for 1,077 days served in the Ogle County Jail.

Komie said he will be filing a post-trial motion. That hearing was set for 1 p.m. June 9.