Macomb, IL – In sentencing Daniel Belknap for the September, 2006 murder of five-year old Silven Yocum of rural Industry, Judge Gregory McClintock said there were no winners in the case.
"One life is gone here. One person is responsible. Two families are impacted substantially," said McClintock toward the end of Wednesday's sentencing hearing at the McDonough County Courthouse.
McClintock issued a sentence of 24 years in prison. Belknap will then have three years of mandatory supervised released.
Belknap will have to serve 100% of the sentence.
He faced a minimum of 20 years behind bars and a maximum of 60 years.
A Warren County jury found Belknap guilty of First Degree Murder on September 1. It was the second time a jury found him guilty. The first verdict was tossed out on a technicality. The retrial was held in Warren County on a change of venue.
Seeking Yet Another Trial
At the beginning of the sentencing hearing, Defense Attorney Ramon Escapa filed a motion for a new trial. He said the crime could have been committed by either Belknap or the girl's mother, Erin Yocum, whom Belknap was dating at the time.
Escapa said the government failed to prove its case beyond a reasonable doubt. He also raised questions about the reliability of two jailhouse informants whose testimony helped convict Belknap.
Escapa said the jury could not overcome its sympathy for the loss of a five-year old girl and felt someone should be held responsible.
Prosecuting Attorney Ed Parkinson countered that the jury found the jailhouse informants to be credible.
Parkinson also pointed out that Belknap referred to the murder as "an accident" during his first trial.
"The defendant's own words support the guilty finding," said Parkinson.
Judge McClintock denied the motion for a new trial, saying it was not the role of the court at this point to second guess the determination of the jury.
The Belknaps Speak
During the sentencing hearing, Diane Belknap, Daniel's mother, said that he was "...a typical country kid as a child." She said her son was a hard worker and was employed during his adult life.
She said he calls a lot and never forgets birthdays or anniversaries.
Diane Belknap asked for a lenient sentence so that her son could return home.
Daniel Belknap, in jailhouse shackles, turned to his family and friends in the courtroom and thanked them for their support.
He then turned to Silven's family and said, "I won't admit to something I did not do. Search your hearts for what is right. This is not right."
Belknap said he loved Silven and would not hurt her.
The Yocums Speak
Silven's grandfather, John Yocum, told the court Belknap was guilty of killing the girl.
"24 jurors in two trials found him guilty. You could hold ten trials and the verdict would still be guilty," he said.
Raising his voice, Yocum called Belknap "...a murderer who shows no remorse. He took Silven's life and a big part of ours."
Erin Yocum tearfully told those in the courtroom that Silven was everything to her and was her best friend. She said she suffers from post traumatic stress disorders and does not trust anybody as a result of what happened.
Yocum said people tell her that she will heal over time, but she disagreed.
"This pain and loss will never go away," said Yocum, who said she watched Silven take her last breath.
Yocum said there is a lot of hate directed toward her because of what happened to her child.
A Warning Against Meth
Judge McClintock said he hopes the case serves as a deterrent against the use of methamphetamine. He said Belknap did not have a significant criminal history before he became mixed up with meth.
McClintock said he has seen what meth can do to people and their families. "There is a terrible price associated with meth," said the judge.
McClintock also said he has practiced law for 36 years as a prosecutor, a defense attorney, and a judge. He said this case was as well presented by both attorneys as any he has been involved in.
Belknap can appeal.