Judge denies Byron man’s request for lighter sentence for sexually assaulting young girls

OREGON — An Ogle County judge denied a Byron man’s request Monday for a lighter prison sentence for sexually assaulting two young girls, ruling against a defense argument that 25 years in prison was “a death sentence.”

Duane Upchurch, 60, who was found guilty three years ago of sexually assaulting two young girls in 2004 and 2008 and sentenced in April to a total of 25 years in prison, will continue to serve that sentence at the Big Muddy Correctional Center in Ina, Judge John “Ben” Roe ruled.

Monday’s decision comes two months after Roe ordered Upchurch to serve two consecutive 12-year, six-month sentences in the Illinois Department of Corrections, following an emotional sentencing hearing at the Ogle County Judicial Center.

The sentence came despite pleas from Upchurch’s attorney, Stephen Komie of Chicago, that a lesser sentence was warranted based on Uphurch’s age, medical condition and lack of prior criminal history.

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

On Monday, Komie argued that Roe had erred in sentencing Upchurch and questioned language used in the sentencing order.

“The age of the defendant is key,” said Komie, who appeared in court via Zoom. “It [the sentence] is effectively a death sentence no matter how you cut it.”

Komie said a shorter sentence of 6-10 years would be “more than enough.”

In his motion to reconsider the sentence, Komie argued that Upchurch’s sentence of 25 years, to be served at 85%, was “cruel and unusual punishment” not intended by state law for “death or life imprisonment” for those found guilty of predatory criminal sexual assault of a child.

Ogle County State’s Attorney Mike Rock disagreed.

“These are two sentences to be served consecutively for 25 years at 85%,” said Rock. “His parole date would be July 30, 2043.”

Rock said language in the sentencing order was correct.

“The sentences are to run consecutively of one another. It is correct,” Rock said.

Roe agreed and denied Komie’s motion.

“I understand both arguments. I stand by my decision,” Roe said.

Komie then asked Roe to ensure that all transcripts of sentencing hearings be sent to him for preparation of an intended appeal.

The charges

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.

Upchurch 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 that prosecutors said occurred in September 2004 and 2008.

He posted bond and was released pending his trial in 2022. He had been held in the Ogle County Jail since the 2022 trial while his sentencing hearing was delayed several times for post-trial motions and responses.

April 11 sentencing

About a dozen people were in a packed courtroom in support of the victims on April 11 while approximately 20 came to show their support for Upchurch.

Two victims told Roe how Upchurch’s assaults had affected their lives.

“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.”

The other woman said Upchurch assaulted her numerous times when she was 5-6 years old and 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.”

Komie 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.”

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.

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

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. “And I weigh that with the lifelong trauma of the victims. And when I do so, this is what I believe is appropriate.”

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