Dixon man charged with trying to kill 3 officers wants Ogle County to pay for change-of-venue expert, survey

OREGON — The defense attorney for a Dixon man charged with shooting three police officers during a June 24 incident at his home is asking an expert be appointed to determine if his client can get a fair trial in Ogle County.

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.

His attorney, Ogle County Assistant Public Defender Michael O’Brien, filed a motion March 6 asking Judge John “Ben” Roe to “appoint an expert and/or reimburse defense costs to assist in presenting a change of venue request.”

A change-of-venue motion typically asks the judge to move the trial to a different location. Those motions usually cite reasons that the filing party believes would prevent a fair trial in the county in which the case was filed. Pretrial publicity often is listed as a reason for a change-of-venue motion. Such a survey is one of the tools that can be used by defense attorneys before filing a motion for a change of venue.

In his motion, O’Brien argues the court should allow and pay for a company to “explore the likelihood that this case should be tried” in a different county because there exists “prejudice against” Gounaris and he cannot receive a fair trial in Ogle County.

O’Brien also argues that because of “adverse pre-trial publicity” Gounaris cannot obtain a fair and impartial jury. He also questions the use of force by police and the legality of such force in the motion.

Gounaris is charged with shooting three members of the Ogle County Sheriff’s Office Emergency Response Team after a three-hour standoff when police tried to enter his home at 402 Wild Rice Lane in Lost Lake, a rural subdivision east of Dixon.

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.

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.

Ogle County Sheriff’s Lt. Jason Ketter was shot in the face and taken by air ambulance to OSF Medical Center in Rockford, where he underwent surgery. He was released from the hospital June 14.

Ogle County Sheriff’s Deputy Tad Dominski was shot in the arm, and Tyler Carls of the Rochelle Fire Department was shot in the torso. They were treated at KSB Hospital in Dixon and released later that evening.

Gounaris also was shot during the gunfire exchange and was taken to KSB Hospital in Dixon, where he was treated before being booked into the Winnebago County Jail on June 18.

In September, Winnebago County State’s Attorney J. Hanley independently reviewed the Ogle County Response Team’s use of force and determined the deputies acted in accordance with the law because they only fired their weapons after being shot at by Gounaris.

O’Brien argues in his motion that the officers “have received awards or public commendations (reported in the news), further representing to the public that police conduct was not only reasonable, but also worthy of public praise. Such articles declaring that officer’s conduct was legal, ‘reasonable’ and deserving of honors, improperly indoctrinate potential jurors on a material trial issue.”

O’Brien argues that in conjunction with Gounaris’ arrest, the Ogle County sheriff released portions of videos and news releases to the public.

“Such videos and press releases improperly provide highly publicized, edited information to the jury pool,” he argues, adding that social media posts and related comments about the videos and press releases “establish the pervasive nature of the above issues, and establish Defendant cannot receive a fair trial in Ogle County.”

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

O’Brien is asking Judge John “Ben” Roe to allow the defense to hire Magna Legal Services to conduct the survey.

“While the exact fees will vary depending on actual work performed, the above firm estimates expense would be $22,500 as a flat fee to conduct a base study, and $7,257 for additional juror review,” O’Brien states in the motion, adding that Gounaris is” indigent and is unable to pay” for the service.

O’Brien argues that the appointment and/or reimbursement is necessary to provide Gounaris with a “fair trial and preserve his right for due process.”

The Ogle County State’s Attorney’s Office has yet to file a response to the motion.

During the March 6 hearing, O’Brien also asked for a new date to hear Gounaris’ argument to be released from custody as his case proceeds through the court system. Roe has denied Gounaris’ pretrial release several times, citing the seriousness of the charges and community safety concerns.

O’Brien has filed an 11-page motion outlining all the reasons he believes Roe should grant his release.

Some of those arguments allege Gounaris was alone in the home and did not pose a threat to anyone else, no warrant had been requested to enter the home, and officers failed to announce their presence before forcing their way into the home with their weapons drawn.

The motion argues that police used “military-like arrest tactics to check on a paranoid individual. This is unreasonable and a clear unnecessary escalation of the situation.”

O’Brien argues that Gounaris should be released with conditions set by the court, adding that Gounaris is willing to submit to mental health services and follow any recommended counseling.

“Defendant’s counsel asserts that the alleged facts relied on for the forced entry clearly establish that mental health issues are the underlying problem that should be the focus of pretrial orders,” the motion states.

During the March 6 hearing, O’Brien asked Roe to set a separate hearing to hear arguments for Gounaris’ release.

Roe set that hearing date for 9:30 a.m. March 17.

At a 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 responded and said Gounaris’ detention has been reviewed many times since his arrest and he should remain in custody.

She has argued that 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,” Kruse said, adding Gounaris was wearing a bulletproof vest and began “shooting multiple rounds not only into but also at officers.”

Shaw Local reporter Payton Felix contributed to this story.