Dixon man accused of attempted murder will remain jailed despite defense’s continued argument for release

OREGON – A rural Dixon man charged with the attempted murder of three police officers at his residence in June will remain jailed.

Jonathon Gounaris, 32, is charged with four counts of attempted first-degree murder, three counts of aggravated discharge of a firearm, three counts of aggravated battery and two counts of possession of a firearm without a firearm owner’s identification card – all of which stem from a June 12 standoff with police in the rural Dixon subdivision of Lost Lake.

Gounaris has pleaded not guilty to all charges and is being held in the Winnebago County Jail in Rockford.

On Thursday, Gounaris appeared for a status hearing before Judge John “Ben” Roe only two weeks after his previous hearing Jan. 23.

Ogle County Assistant Public Defender Michael O’Brien said he “set this aggressively” because “I’ve been asked to aggressively pursue detention issues.”

Usually the court schedules status hearings about a month apart. O’Brien requested an earlier date at the Jan. 23 hearing, when he also made extensive arguments for Gounaris' release.

[ Dixon man accused of attempted murder will remain jailed despite defense’s new arguments ]

That day, O’Brien said one argument was not made at the June 20 detention hearing regarding the circumstances surrounding officers' entry to the home at 402 Wild Rice Lane in Lost Lake.

At the detention hearing, Gounaris was represented by former Ogle County Public Defender William Gibbs, who has since left that position.

During a news conference June 12, Ogle County Sheriff Brian VanVickle said police were called at 8:39 a.m. that day to the residence with a warning that it could be a “suicide-by-cop” situation. The officers were informed that Gounaris had made suicidal and homicidal threats.

[ Sheriff: Rural Dixon resident shoots 3 deputies after barricading himself in home at Lost Lake ]

Shortly after officers arrived, the Ogle County Sheriff’s Office’s Emergency Response Team was called. That team is made up of individuals from different agencies, including the sheriff’s office, Oregon and Byron police departments, and SWAT medics from the Rochelle Fire Department.

Police attempted more than 60 phone calls to the residence, Gounaris' cellphone and to a throw phone that was deployed inside the home, VanVickle said.

At 11:53 a.m., police breached the door to the home and were immediately met with gunfire from inside the house, VanVickle said. Three deputies and Gounaris were shot while exchanging gunfire.

(To view the body camera footage, visit www.youtube.com/watch?v=7zEhLBrcn0g.)

At the Jan. 23 hearing, O’Brien said “the call [to police] was made because of mental health concerns” and called the police response a “paradox of a welfare check.”

Assistant State’s Attorney Heather Kruse disagreed and argued Thursday for Gounaris' continued detention.

Kruse said that since O’Brien’s Jan. 23 arguments she did some research into case law about change in circumstance and referenced two Illinois court cases that address the issue.

Based on those cases, she argued that the court doesn’t need to continue to consider Gounaris' release since the court initially deemed detention necessary at the June 20 hearing and nothing has changed in terms of the risk to the public.

“It’s been reviewed to be necessary nine times. Today is the tenth time it’s been argued and nothing has changed,” Kruse said.

O’Brien disagreed. He said he understands the reasoning for bringing these cases, but doesn’t view them as an absolute rule.

On the contrary, “as we’re going over evidence and gathering information it would violate due process rights” to not consider arguments for release, O’Brien said.

O’Brien then reiterated his arguments related to the officers' use of force saying that the circumstances were not fully addressed at previous hearings.

When police arrived at the residence, they never announced themselves as police over a loud speaker, he said. Instead, they established a perimeter far away from the home and concealed themselves and their vehicles.

Officers received no communication from Gounaris before they forcibly kicked in the door to gain entry into the home, O’Brien said.

He then said that according to Illinois law, officers cannot use deadly force on someone who’s a threat to themselves unless the officer has a reasonable belief that the person poses an “imminent threat” to the officer, O’Brien said.

An imminent threat means a person poses an immediate and serious danger of causing death or great bodily harm, according to the Illinois General Assembly website.

Gounaris was by himself in the residence on the day of the incident and Gounaris' mother said she was concerned Gounaris could harm officers if they approached him, O’Brien said.

“Imminence was created by the officers' use of force and their entry to the home,” O’Brien said.

Kruse disagreed based on her past arguments.

“The critiques on the officers have already been addressed,” Kruse said.

At the Jan. 23 hearing, Kruse said Gounaris' mother informed police that he had access to two guns.

She said police made multiple calls to the residence before deploying the throw phone, which was done before entry was made.

When officers did breach the door to the residence, “the defendant fired before anybody entered the home,” she said.

Gounaris was wearing a bulletproof vest and began “shooting multiple rounds not only into but also at officers,” Kruse said. Three of them were struck and injured.

O’Brien disagreed Thursday. He asked the court to continue to review detention.

O’Brien argued for Gounaris' release and said conditions could include things like GPS tracking, and stay-away and no-contact orders.

Kruse disagreed based on past arguments.

In the end, Roe denied the request for release “based on previous court rulings ordering continued detention.”

Gounaris' next court appearance is scheduled for 3 p.m. March 6.