BLOOMINGTON — A murder trial that was set to begin this week in McLean County has been delayed on a prosecutor’s motion.
Malcolm J. Johnson, 30, and Kevon Moon, 25, face first-degree murder charges in the October 2020 shooting death of 20-year-old Jaleel Johnson of Bloomington . A third defendant charged with murder in this case, James Moon, has not been apprehended.
Moon
PROVIDED BY MCLEAN COUNTY JAIL
Johnson and Moon have pleaded not guilty to the charges, which also include mob action, attempted first-degree murder, aggravated battery with a firearm and obstructing justice.
Twelve jurors and two alternates were selected on Monday but were not sworn in, as the McLean County State’s Attorney’s Office awaited word about whether a material witness for the case would be located in time to begin Tuesday morning.
First Assistant Brad Rigdon said a witness who would give evidence related to motive for the fatal shooting and an exchange of information was subpoenaed to appear Monday morning, and the prosecutors had met with him via Zoom a few weeks before the trial to reaffirm the witness needed to appear.
The witness failed to appear Monday and Tuesday, and multiple law enforcement agencies were dispatched to attempt to bring him to court, including the U.S. Marshals and the Bloomington and Chicago police departments.
Damaging wind gusts are the greatest threat with any storms on Tuesday.
Rigdon asked Judge William Yoder continue the trial to a later date.
Yoder granted Rigdon’s motion, pushing the trial back a month over objection from Johnson and Moon’s attorneys, who both said they were ready to proceed with the trial, especially considering their clients remain in custody on these charges.
Yoder said the prosecutors had done their due diligence in their attempts to assure the witness would appear and had shown the absent witness to be material for the case to proceed. The witness was “apparently willfully avoiding court,” the judge said.
The people chosen for the jury, and alternates, were discharged Tuesday and Yoder declared a mistrial.
A new trial is scheduled to begin with jury selection on May 10.
Photos from the 128th Boston Marathon
Hellen Obiri, of Kenya, raises her arms while taking a victory lap after winning the women's division at the Boston Marathon, Monday, April 15, 2024, in Boston.
Charles Krupa - staff, ASSOCIATED PRESS
Hellen Obiri, of Kenya, raises her arms after winning the women's division at the Boston Marathon, Monday, April 15, 2024, in Boston.
Charles Krupa - staff, ASSOCIATED PRESS
Hellen Obiri, of Kenya, raises her arms as she wins the women's division at the Boston Marathon, Monday, April 15, 2024, in Boston.
Charles Krupa - staff, ASSOCIATED PRESS
Sisay Lemma, of Ethiopia, approaches the finish line at the Boston Marathon, Monday, April 15, 2024, in Boston.
Charles Krupa - staff, ASSOCIATED PRESS
Kento Otsu, of Japan, crosses the finish line at the Boston Marathon, Monday, April 15, 2024, in Boston.
Charles Krupa - staff, ASSOCIATED PRESS
CJ Albertson, of Fresno, Calif., raises his hand as he approaches the finish line at the Boston Marathon, Monday, April 15, 2024, in Boston. Albertson finished 7th.
Charles Krupa - staff, ASSOCIATED PRESS
Yuma Morii, of Japan, raises his arms while approaching the finish line at the Boston Marathon, Monday, April 15, 2024, in Boston. Morii finished 8th.
Charles Krupa - staff, ASSOCIATED PRESS
Sisay Lemma, of Ethiopia, breaks the tape to win the Boston Marathon, Monday, April 15, 2024, in Boston.
Steven Senne - staff, ASSOCIATED PRESS
Sisay Lemma, of Ethiopia, reacts after winning the Boston Marathon, Monday, April 15, 2024, in Boston.
Charles Krupa - staff, ASSOCIATED PRESS
Sisay Lemma, of Ethiopia, breaks the tape to win the Boston Marathon, Monday, April 15, 2024, in Boston.
Charles Krupa - staff, ASSOCIATED PRESS
Boston Marathon women's wheelchair division winner Eden Rainbow Cooper, of Britain, poses with the trophy Monday, April 15, 2024, in Boston.
Steven Senne - staff, ASSOCIATED PRESS
Boston Marathon men's wheelchair division winner Marcel Hug, of Switzerland, poses with the trophy after the race, Monday, April 15, 2024, in Boston.
Steven Senne - staff, ASSOCIATED PRESS
Marcel Hug, of Switzerland, left, winner of the Boston Marathon men's wheelchair division, left, and Eden Rainbow Cooper, of Britain, right, winner of the women's wheelchair division, display the trophy on the finish line Monday, April 15, 2024, in Boston.
Steven Senne - staff, ASSOCIATED PRESS
Former New England Patriots NFL football player Rob Gronkowski spikes a football on the finish line at the Boston Marathon, Monday, April 15, 2024, in Boston. Gronkowski is grand marshal of the race.
Steven Senne - staff, ASSOCIATED PRESS
A member of the State Police looks on as a wave crosses the start line of the Boston Marathon, Monday, April 15, 2024, in Hopkinton, Mass.
Mary Schwalm - freelancer, ASSOCIATED PRESS
Zachary Helner, of Michigan, gives a high-five to a volunteer as he breaks from the start of the Boston Marathon, Monday, April 15, 2024, in Hopkinton, Mass.
Mary Schwalm - freelancer, ASSOCIATED PRESS
Runners make their way from the start of the Boston Marathon, Monday, April 15, 2024, in Hopkinton, Mass.
Mary Schwalm - freelancer, ASSOCIATED PRESS
A vizsla named Whiskey watches as runners make their way from the start of the Boston Marathon, Monday, April 15, 2024, in Hopkinton, Mass.
Mary Schwalm - freelancer, ASSOCIATED PRESS
A wave of runners start the Boston Marathon, Monday, April 15, 2024, in Hopkinton, Mass.
Mary Schwalm - freelancer, ASSOCIATED PRESS
Marcel Hug of Switzerland holds the trophy after winning the men's wheelchair division at the Boston Marathon, Monday, April 15, 2024, in Boston.
Charles Krupa - staff, ASSOCIATED PRESS
Marcel Hug of Switzerland, left, men's wheelchair division winner and Eden Rainbow Cooper, women's wheelchair division winner, pose with the trophy at the Boston Marathon finish line, Monday, April 15, 2024, in Boston.
Charles Krupa - staff, ASSOCIATED PRESS
Eden Rainbow Cooper, of Britain, breaks the tape to win the women's wheelchair division of the Boston Marathon, Monday, April 15, 2024.
Steven Senne - staff, ASSOCIATED PRESS
Marcel Hug of Switzerland breaks the tape to win the men's wheelchair division at the Boston Marathon, Monday, April 15, 2024, in Boston.
Charles Krupa - staff, ASSOCIATED PRESS
Eden Rainbow Cooper, of Britain, breaks the tape to win the women's wheelchair division at the Boston Marathon, Monday, April 15, 2024, in Boston.
Charles Krupa - staff, ASSOCIATED PRESS
A Vizsla named Whiskey watches as runners make their way from the start of the Boston Marathon, Monday, April 15, 2024, in Hopkinton, Mass.
Mary Schwalm - freelancer, ASSOCIATED PRESS
Marcel Hug, of Switzerland, celebrates as he wins the men's wheelchair division of the Boston Marathon, Monday, April 15, 2024, in Boston.
Steven Senne - staff, ASSOCIATED PRESS
Marcel Hug, of Switzerland, breaks the tape to win the men's wheelchair division of the Boston Marathon, Monday, April 15, 2024, in Boston.
Steven Senne - staff, ASSOCIATED PRESS
Marcel Hug of Switzerland breaks the tape to win the men's wheelchair division at the Boston Marathon, Monday, April 15, 2024, in Boston.
Charles Krupa - staff, ASSOCIATED PRESS
Police on bicycles approach the finish line at the Boston Marathon, Monday, April 15, 2024, in Boston.
Charles Krupa - staff, ASSOCIATED PRESS
Former New England Patriots NFL football player Rob Gronkowski hoists the winner's trophy at the Boston Marathon, Monday, April 15, 2024, in Boston. Gronkowski is grand marshal of the race.
Charles Krupa - staff, ASSOCIATED PRESS
Former New England Patriots NFL football player Rob Gronkowski spikes a football on the finish line at the Boston Marathon, Monday, April 15, 2024, in Boston. Gronkowski is grand marshal of the race.
Charles Krupa - staff, ASSOCIATED PRESS
Former New England Patriots NFL football player Rob Gronkowski hoists the winner's trophy at the Boston Marathon, Monday, April 15, 2024, in Boston. Gronkowski is grand marshal of the race.
Charles Krupa - staff, ASSOCIATED PRESS
Former New England Patriots NFL football player Rob Gronkowski hoists the winner's trophy at the Boston Marathon, Monday, April 15, 2024, in Boston. Gronkowski is grand marshal of the race.
Charles Krupa - staff, ASSOCIATED PRESS
Former New England Patriots NFL football player Rob Gronkowski spikes a football on the finish line at the Boston Marathon, Monday, April 15, 2024, in Boston. Gronkowski is grand marshal of the race.
Charles Krupa - staff, ASSOCIATED PRESS
Elite female runners break from the start line of the Boston Marathon, Monday, April 15, 2024, in Hopkinton, Mass.
Mary Schwalm - freelancer, ASSOCIATED PRESS
Elite male runners break from the start line of the Boston Marathon, Monday, April 15, 2024, in Hopkinton, Mass.
Mary Schwalm - freelancer, ASSOCIATED PRESS
Elite male runners break from the start line of the Boston Marathon, Monday, April 15, 2024, in Hopkinton, Mass.
Mary Schwalm - freelancer, ASSOCIATED PRESS
Women's wheelchair athletes break from the line at the start of the Boston Marathon, Monday, April 15, 2024, in Hopkinton, Mass.
Mary Schwalm - freelancer, ASSOCIATED PRESS
Grand Marshal and former New England Patriots NFL football player Rob Gronkowski poses at the start of the Boston Marathon, Monday, April 15, 2024, in Hopkinton, Mass.
Mary Schwalm - freelancer, ASSOCIATED PRESS
Men's wheelchair athletes break from the line at the start of the Boston Marathon, Monday, April 15, 2024, in Hopkinton, Mass.
Mary Schwalm - freelancer, ASSOCIATED PRESS
Boston Marathon Race Director Dave McGillivray sends a group of Massachusetts National Guard members across the start line in Hopkinton on Monday, April 15, 2024 to begin the marathon. The start line was painted in honor of the town that has hosted the marathon for the past century. It's the 128th edition of the world’s oldest and most prestigious annual marathon.
Jennifer McDermott - staff, ASSOCIATED PRESS
Boston Marathon Race Director Dave McGillivray, centre, sends a group of Massachusetts National Guard members across the start line in Hopkinton on Monday, April 15, 2024 to begin the marathon. The start line was painted in honor of the town that has hosted the marathon for the past century. It's the 128th edition of the world’s oldest and most prestigious annual marathon.
Jennifer McDermott - staff, ASSOCIATED PRESS
Boston Marathon Race Director Dave McGillivray, right, sends a group of Massachusetts National Guard members across the start line in Hopkinton on Monday, April 15, 2024 to begin the marathon. The start line was painted in honor of the town that has hosted the marathon for the past century. It's the 128th edition of the world’s oldest and most prestigious annual marathon.
Jennifer McDermott - staff, ASSOCIATED PRESS
Workers affix banners at the starting line of the Boston Marathon, Monday, April 15, 2024, in Hopkinton, Mass.
Mary Schwalm - freelancer, ASSOCIATED PRESS
Members of the United States military cross the starting line as they participate in the Boston Marathon, Monday, April 15, 2024, in Hopkinton, Mass.
Mary Schwalm - freelancer, ASSOCIATED PRESS
Contact Kelsey Watznauer at (309) 820-3254. Follow her on Twitter: @kwatznauer.
Be the first to know
Get local news delivered to your inbox!