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The County of DuPage
Wheaton, Illinois

Press Release

Tuesday, November 26, 2019

Appellate Court Affirms 100-Year Sentence in 2015 Sexual Assault

DuPage County State’s Attorney Robert B. Berlin announced that the Second District Appellate Court of Illinois has affirmed the one-hundred-year sentence imposed by Judge Brian Telander upon inmate Tevin Rainey, 26, for forcing his way into the apartment of an elderly woman and sexually assaulting her in the early morning hours of New Year’s Day, 2015. On January 19, 2017, following a six-day-long trial, a jury found Rainey guilty of Aggravated Criminal Sexual Assault with a Firearm, Home Invasion with a Firearm, Armed Robbery with a Firearm and Aggravated Kidnapping with a Firearm, all Class X Felonies. He was sentenced on April 18, 2017.

            On January 1, 2015, at approximately 5 a.m., Rainey, armed with a firearm, broke into the woman’s apartment in Westmont. Once inside, Rainey forced the woman, who was more than eighty years-old, onto a bed where he sexually assaulted her. Following the sexual assault, Rainey then demanded money from the woman. When the woman told Rainey that she had very little money in her home, he forced her at gunpoint to drive to an ATM machine and withdraw funds. After the woman withdrew approximately $320 from her bank account and gave the money to Rainey, he ordered her to drive to a nearby apartment complex where he exited the vehicle and walked away. The woman then returned home and called 911. An investigation led to Rainey who was found to be already in police custody on unrelated charges.

            In his appeal, Rainey challenged his sentence for Aggravated Criminal Sexual Assault with a Firearm claiming it was the result of an improper double enhancement because the Court considered the victim’s age to sentence him to an extended term and also as a factor in aggravation. Additionally, Rainey argued that his sentence was excessive because the Court did not take his age and background into consideration in mitigation. In its affirmation however, the Appellate Court found that the Trial Court acted properly and there was no double enhancement because the victim was over sixty years old which statutorily subjects a defendant to an extended term. Regarding Rainey’s second argument, the Appellate Court held that the sentence “was not an abuse of discretion” because Rainey’s one-hundred-year sentence was still twenty years less than the maximum allowable under the law.

            “Last Friday, the Appellate Court found no error in Judge Telander’s one-hundred-year sentence imposed upon Mr. Rainey,” Berlin said. “I would like to thank the Appellate Court for their complete and in-depth review of Mr. Rainey’s arguments. His attempt to reduce his sentence for a crime that the Trial Court correctly deemed a crime that “shocks the conscience of the community” demonstrates Mr. Rainey’s self-consumed, compassionless, repulsive outlook on society. He has certainly earned each and every day of his sentence.”

            Justice Bridges delivered the judgment of the Court with Justices Jorgensen and Hudson concurring.

Clifford’s appeal was defended by Kristin Schwind of the DuPage County State’s Attorney’s Criminal Appeals Division.