Phone Call About Screaming Leads to Jail Sentence

A case that began with a phone call about screaming ended with a defendant getting 60 days in jail.Clayton M. Welch, age 22, appeared for sentencing in Jefferson County Court on Wednesday, May 8, 2024. Linda Bauer was the presiding judge. Welch was originally charged with resisting arrest and obstructing a peace officer, both class 1 misdemeanors punishable by up to one year in jail and a $1,000 fine on each count. On Friday, June 23, 2023, at approximately 9:30 p.m., deputies with the sheriff's office were dispatched to a residence in Fairbury, responding to a report of “yelling and screaming.” According to the Warrantless Arrest Affidavit, “Dispatch advised us that the reporting party went to the door and asked the resident to be quiet and a gentleman that wasn't on the lease answered the door and pushed her.” According to the affidavit, upon entry of the residence, an occupant identified himself as Clayton Welch but refused to provide other information. Deputies attempted to arrest the suspect for obstruction when, “Welch jumped up and attempted to flee through the courtyard.” Deputies then restrained and arrested the suspect. In accordance with a plea agreement, Welch pleaded guilty to obstructing a peace officer. The charge of resisting arrest was dismissed. Judge Bauer ordered the defendant obtain co-occurring evaluation, intended to determine if an individual is experiencing co-occurring substance use and mental health symptoms. Welch was represented in court by Public Defender Scott Gropp, who told the court, “He hasn't been able to get one.” Speaking directly to the defendant, the judge said, “It doesn't seem like you've tried very hard.”Welch said, “Obviously I've been preoccupied.” County Attorney Joseph Casson asked for a straight sentence. Judge Bauer agreed the defendant was not a good candidate for probation and sentenced Welch to 60 days in jail, with credit for four days time served. Although Gropp said his client didn't want probation, he was not happy about the sentence he received.“How is this supposed to help me?” said Welch. “How am I supposed to get a job.” As Welch was being remanded to the custody of the Jefferson County Sheriff's Office to carry out the sentence, an unidentified woman in the courtroom stood up and shouted at Gropp, “You were supposed to help him.” She also attempted to argue with the judge, “He's done more than four days.” Judge Bauer told the woman, “Why don't you leave now? You are not a party to this.” Deputies escorted the woman out of court. Later investigation by the court determined Welch did indeed have more than four days time served. The judgment was amended to give credit for 12 days time served. Welch also has a warrant pending out of Cass County for failing to appear for court on a charge of possession of marijuana.

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