The horrific death of Jayden Perkins, an 11-year-old boy who was fatally stabbed while trying to defend his pregnant mother from a serial abuser, is a devastating wakeup call for our state to better protect victims of domestic violence.
The man accused of killing Jayden, Crosetti Brand, had orders of protection taken out against him by not one, not two, but three women who had legitimate reasons to fear him. He was released from prison early for a violent crime involving one of the women but was sent back almost immediately after allegedly threatening to kill Jayden’s mother, Laterria Smith, and trying to break into her home.
As a former prosecutor, I have witnessed firsthand how difficult it is for a victim to gather the strength to testify against someone who is actively threatening their safety. Smith found this courage and did everything our legal system asks of a victim. She immediately called the police. She showed up to court. She shared evidence and asked for an order of protection.
Yet, despite the Illinois Department of Corrections being made aware that there was a pending hearing for an emergency order of protection against Brand, along with victim testimony that he was stalking and threatening Smith, Gov. J.B. Pritzker’s controversial Prisoner Review Board let him right back out. Less than a day after Brand’s second release, Jayden was dead, Smith and her unborn child were hospitalized, and a family will never be the same.
There are many flaws in our system that led to its failing Smith and her son; a lack of respect for orders of protection is at the core of this preventable tragedy.
Currently, a first-time violation is only a misdemeanor. Many victims are not willing to testify against a violator at trial because they are convinced that their abuser will be right back on the streets with few to no consequences. This creates little fear for the perpetrators and great fear for the victims who often take great risks to try to protect themselves and their loved ones. The lack of accountability deters victims from testifying and pursuing legal action because who wants to risk more harm within a system that will not protect them?
This is why I am filing new legislation that will increase the penalties for violating an order of protection. Current Illinois law treats someone who violates an order of protection the same as someone who steals a candy bar from a gas station: They are both misdemeanors. Under my bill, a violation of an order of protection would be elevated to a Class 4 felony, which would allow a judge to sentence the violator to spend between one and three years in prison. This is much more in line with the seriousness of the crime. If an offender violates an order of protection and has a prior conviction for domestic battery or violation of an order of protection, the charge will increase to a Class 3 felony, which allows a judge to send the offender to prison for two to five years.
In both of these instances, any offender would receive longer prison sentences, better ensuring safety for victims and demanding stricter adherence to orders of protection.
This legislation sends a message to abusers that there will be consequences if they violate these orders. It also sends a strong message to victims: If you are willing to testify and help convict the perpetrator, there will be real teeth to the statute that is designed to protect you.
Sadly, orders of protection are one of the few legal options that victims have to try to get out of the dangerous and, too often, deadly cycle of domestic violence. The criminals who violate them show a clear and present danger, and their victims deserve the full support and protection of our criminal justice system. Criminals deserve real consequences.
While this increase in consequences for violating orders of protection will be too late to save Jayden, it could save other families from encountering that same horrific situation by keeping perpetual violent domestic abusers such as Brand off our streets. It will, undoubtedly, save lives.
State Sen. Steve McClure is a Republican who represents the 54th District.
