Shelby County – “No Such Thing As Justice When A Human Life Is Taken”

Shelby Co., Ill. (ECWd) –

In 2019, Deven Barger was arrested for killing his unborn child and girlfriend by shooting her in the face with a sawed-off shotgun. Barger has sat in the Shelby County Jail since July 8, 2019, awaiting trial for those murders.  The State’s Attorney who charged Barger at the time was Gina Vonderheide.  It is important to know the original charges were Class M charges, which if convicted we understand are not subject to 1:1 good behavior credit, meaning if sentenced to 65 years he would have to serve 65 years minus time already served.

During former State’s Attorney Kroncke’s 2 years in office, December 2020-January 2023, Barger continued to sit in jail with no scheduled trial date.

During former State’s Attorney Robert Hanlon’s term, he met with the victim’s family to discuss the case with them.  We have been advised that Hanlon was the first prosecutor ever to talk to them.  Hanlon assured the family he would not accept a plea deal of lesser charges and offered Barger 65 years in prison.

Before Hanlon’s departure, the last critical evidence elements were being wrapped up by the State Police and it was set for pretrial in April of this year.  The current State’s Attorney Ruth Woolery requested a continuance in May of this year after Hanlon resigned.  That request was granted without objections.  On July 2, 2024, the case was set for trial to begin 9-9-2024.

We understand on Friday, September 7, 2024, the current State’s Attorney Ruth Woolery made an offer of lesser charges that also dropped them into a different sentencing criteria.

Today in court, the plea deal was granted by Judge Harlow that includes the following:

• 2nd Degree Murder – 20 years in DOC
• Involuntary Manslaughter – 14 years in DOC
• Aggravated Battery on Corrections Officer – 14 years in DOC

While each of those agreed-upon charges resulted in the maximum sentence of those charges, the original charges were much harsher.

In addition to the above plea deal, all other charges Barger was facing were dismissed with this deal.

The sentences are consecutive and subject to 1:1 good behavior credit and credit of 1,890 days for time already served.  That being the case, he is subject to 17,520 days in jail (48 years), 1:1 credit brings that time to 24 years, minus the 1,890 days credit for time served (5.17 years), resulting in potentially only 18.83 years in jail for killing a woman and her unborn child. We note that the sentence for aggravated battery was the same for the killing of an unborn child.

The victim’s mother and sister both read into the record their victim impact statements. The mother noted several times she was not in agreement with the deal.

While the family’s statements brought tears to the courtroom, Judge Harlow also fought back tears when she provided her words into the record which I think everyone can agree with.

“There is no such thing as closure.  There is no such thing as justice when a human life is taken.  The justice we want is to bring them back.”

Barger did admit to the crimes he was pleading to and he also was fighting back tears when he provided his statement to the court that included an apology for what he did.

We have ordered the transcript of the hearing so everyone can know the full extent of what took place in the courtroom.

Below is the video of Barger being taken back to the County Jail to await his transfer to the Illinois Department of Corrections.