Joliet Murder Defendant Who Didn't Pull Trigger Wants Case Dismissed

JOLIET, IL — In a victory for the Will County State's Attorney's Office and the Will County Sheriff's Office, Joliet Township first-degree murder defendant Anthony Francimore will not have the prosecution's evidence dismissed against him.

Will County Judge Vincent Cornelius issued the ruling last week. It's at least the second time the judge has rejected efforts by Francimore's taxpayer-funded legal counsel, the Will County Public Defender's Office, to have the evidence suppressed against their client.

Francimore, who comes from the 2700 block of Joliet's Dougall Road, was 19 at the time of Nathan Ballard's fatal shooting on Joliet's east side near the Belmont Athletic Club in October 2018.

Francimore and co-defendant, Elijah Watson, also of Joliet, were both arrested by Will County Sheriff's detectives within days of the deadly shooting. Next month will mark the five-year anniversary of the violent crime.

A motion filed by Will County's prosecutors outlined the facts of the crime and the key reasons why the judge should not grant Francimore's motion to suppress evidence, even though Francimore himself did not take the life of the victim, Ballard.

According to prosecutors:

Around 1 a.m. on Oct. 28, 2018, sheriff's deputies were sent to 514 Fox Avenue in Joliet for gunshots. Nathan Ballard was shot in the chest and rushed to Silver Cross Hospital where he died. One witness at the scene told deputies that she knew Francimore and saw his Facebook profile as Nathan Ballard was communicating with Francimore over Facebook Messenger.

"She relayed the communication between Francimore and the victim had been ongoing throughout the day discussing the purchase of drugs from Francimore."

She told deputies that Nathan Ballard told her and Joel Ballard that Francimore was outside, and he was going to meet with him to buy the drugs. Joel Ballard went outside with Nathan Ballard to meet with Francimore for the drug purchase, and that's when the murder happened.

Joel Ballard told deputies he saw a white male, who his brother appeared familiar with, briefly meet with Nathan Ballard and then go to the car waiting in the street.

Joel Ballard relayed how something seemed off, and his brother, the eventual homicide victim, followed the white male to the vehicle.

At that point, Joel Ballard went to the front of the car and captured a photo of the vehicle's license plate with his phone. As he stood in front of the car to take the photo, Joel Ballard saw an African-American male with long dreadlocks put his head outside the front passenger window and point a gun at him.

The Ballard brothers then backed up and backed away from the vehicle and the drug transaction.

The vehicle jerked back and began driving away when the front seat passenger began shooting.

One of the gunshots struck Nathan Ballard, ending his life.

Police found two shell casings at the homicide scene. Also, no drugs or money were found on or near the body of Nathan Ballard. The victim's phone revealed he had been communicating with Francimore throughout that day and moments before the murder.

"The totality of the facts and circumstances demonstrate that the officers had probable cause to arrest Francimore and take him to Will County Sheriff's Department."

Assistant State's Attorney Christine Vukmir also informed Judge Cornelius that the "defendant's argument that Francimore was not the shooter ignores the essence of the felony murder offense with which he has been charged."

Moreover, "Francimore arrived in the vehicle used in the murder of Nathan Ballard, for the purpose of either delivering drugs or stealing the money from the victim. A firearm was pointed at Joel Ballard by co-defendant Watson during that drug deal, making both Nathan and Joel Ballard retreat from the car ...the shooting that occurred seconds later by co-defendant Watson as part of their escape, is consistent with the felony-murder rule and the ongoing course of conduct as part of their escape.

"Generally, where a victim observes a weapon, a sufficient threat of force exists. Used in the context of felony murder, if a killing occurs in the course of an escape from a robbery, the escape is within the operation of the felony murder rule."

After rejecting the public defender's motion to suppress the evidence on Aug. 29, the second such ruling in the past year, Judge Cornelius set Francimore's next hearing for Thursday. That morning, the murder defendant of five years will finally learn his trial date, for the first time.