Court Waiting for Fairbury Man to Complete Terms of Plea Agreement

The attorney for a Fairbury man accused of assault and drug possession requested a continuance in Jefferson County Court after learning his client had not yet fulfilled the terms of a plea agreement.That attorney, Dustin Garrison, represents Davian Snyder, age 26. Garrison appeared in court on Wednesday, May 18, 2022. His client did not appear and was excused from the proceedings. Linda Bauer was the presiding judge.Snyder currently has two pending criminal cases in Jefferson County. A warrant was issued for Snyder's arrest on November 29, 2021 and he was arrested on December 7, 2021.In one case, Snyder is charged with domestic assault, a class 1 misdemeanor punishable by one year in jail and a $1,000 fine.On October 13 of this year, Jefferson County Deputies responded to a report that the defendant had struck someone. The reporting party was the alleged victim. A warrant was issued for Snyder's arrest on November 29, 2021.In the second case, Snyder is charged with possession of a controlled substance, methamphetamine, a class 4 felony punishable by two years in prison, 12 months of post-release supervision and a $10,000 fine. He is also charged with possession of drug paraphernalia, an infraction that carries a $100 fine.On December 7, 2021, at approximately 10:16 p.m., Jefferson County Deputies conducted a traffic stop near 5th and D streets in Fairbury after observing a vehicle with a defective tail light.According to the deputy that filled out the Arrest Affidavit, “I believed Snyder to have an active arrest warrant out of Jefferson County and had Jefferson County Communications confirm the warrant. Dispatch advised the warrant for Domestic Assault in the 3rd Degree was active with a $25,000 Ten Percent Bond. The warrant was issued November 30, 2021. When advised of this, Snyder stated something to the effect of, 'Well I have a meth pipe in my pocket.' Snyder then pulled out a glass pipe with a white crystal-like residue.”Snyder was then placed under arrest. The pipe field tested positive for methamphetamine.In accordance with a plea agreement, the felony charge will be reduced to a charge of attempted possession of a controlled substance, a class 1 misdemeanor. The remaining charges will be dismissed pending completion of the plea agreement.The court was informed of the plea agreement on Monday, March 21. As part of that agreement, Snyder was to apply for the Diversion Program.County Attorney Joseph Casson indicated that, while Snyder had indeed been accepted into the program, he had not yet applied.Garrison indicated he was unaware of this and asked for a continuance.Judge Bauer agreed and scheduled a hearing for June 29. The judge told Garrison, “My assumption is, if the defendant is not in Diversion by then, we will be setting this matter for trial.”In addition to the criminal cases, Garrison has filed a civil lawsuit against the Sheriff’s Office on behalf of his client. In the lawsuit, Garrison alleges the arrest was unlawful and is seeking unspecified damages.The lawsuit states, “All of the criminal charges against Plaintiff were either dismissed or diverted, and Plaintiff was convicted of none of the offenses for which he was arrested…”The Diversion Program is a voluntary program that offers a one-time chance for a person charged with certain crimes to avoid having a criminal conviction on their record. However, Snyder does already have a prior criminal record. In 2017, he was sentenced in Jefferson County to 13 months’ probation for Driving Under the Influence (DUI). In 2021, Snyder was charged with theft by receipt of stolen property and pleaded No Contest to a reduced charge of attempted of a class 2 misdemeanor, which is a class 3 misdemeanor. He was given a $250 fine.At this time, Snyder is currently free on bonds of $7,500 (10 percent) for each case.

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