A man who was found guilty of murder but mentally ill in the beating death of his cellmate in the McDonough County jail will serve decades in the Illinois Department of Corrections.
Judge Nigel Graham granted the state’s recommendation of a 50-year sentence for Timothy L. Smith, now 42, for the murder of Darrell J. Hocker, 51, in November 2023. The charges carried a maximum sentence of 60 years.
Graham said the court found evidence of mental illness, though it was not sufficient for an insanity defense. He said Smith was aware of his actions when he pulled Hocker from his bed and began beating him around 20 minutes after the lights were turned off.
“He waited until darkness fell,” Graham said.
Following the attack, Smith also followed commands from jail staff to come out of the cell with his hands raised, showing he understood what was happening, Graham said.
Hocker was struck repeatedly in the head, neck, and chest. He was taken to McDonough District Hospital, where was pronounced dead.
McDonough County State’s Attorney Matthew Kwacala called it a “brutal, unprovoked murder” that warranted the lengthy sentence.
“This was not something that just happened,” Kwacala said. “It’s not a coincidence that he murdered Mr. Hocker 20 minutes after the lights went out.”
At the time of Hocker’s death, Smith was facing felony charges of domestic battery, unlawful restraint, and cruelty to animals. But prior to that, as defense attorney Scott McClintock pointed out, Smith had no criminal record beyond seat belt violations and speeding tickets.
McClintock asked for a sentence of 20 years, the minimum for the charges. He said Smith was suffering from serious mental illness, which was clearly documented in the pre-sentencing investigation and by Smith’s family.
McClintock also argued that Smith was unlikely to commit another crime of this nature.
But Judge Graham disagreed, saying there’s no evidence he wouldn’t. He said a psychologist testified at trial, after a brief evaluation, that Smith likely suffered from schizophrenia and had delusions. But Graham said Smith also spent weeks in the custody of the Illinois Department of Human Services after committing the crime, where staff found no evidence he suffered from delusions.
Hocker’s family shared a written impact statement with the court, but did not read it aloud during the hearing.
Following the sentencing, Hocker’s father, Roger, said the sentence handed down to Smith was proper and appropriate.
“It doesn’t bring Darrell back,” he said with tears in his eyes.
A McDonough County jury found Smith guilty of Hocker’s murder in August. He was also tried two months prior to that, but that jury was unable to reach a verdict.
Smith did not attend his trials or the sentencing hearing. McClintock was ordered to deliver notice of Smith’s appeal rights to the McDonough County jail before Smith is transferred to the Department of Corrections. It’s likely he will serve his sentence in a prison that offers extensive mental health services.
Hocker’s adult daughter is suing McDonough County, Sheriff Nick Petitgout, and individual correctional officers working at the jail.
The federal wrongful death lawsuit alleges Hocker’s constitutional and civil rights were violated when he was housed in a cell with Smith, who had not undergone a psychological evaluation before he was removed from isolation at the jail.
