Will Judge Carlson Dismiss Drug Homicide Charges In Becky Sova's Death?

JOLIET, IL - Will County Judge Dave Carlson has to decide whether to dismiss the drug-induced homicide charges facing Dwight Musson, a 38-year-old Shorewood heroin user and ex-convict now standing trial for the June 28, 2013 overdose death of 18-year-old Rebecca "Becky" Sova. The 2013 Joliet West graduate was the daughter of a retired Joliet police officer, and she planned to attend Southern Illinois University on an academic scholarship to pursue nursing, according to her obituary. Musson's bench trial is taking place this month in Carlson's courtroom.

On Thursday, Will County Assistant State's Attorney Michael Fitzgerald finished calling witnesses who are favorable to the prosecution. Immediately afterward, Musson's private criminal defense team of Cosmo Tedone and retired Will County judge Joseph Polito asked Judge Carlson to dismiss the felony charges against their client on the grounds that the prosecution did not meet its burden of proof during the trial. Besides drug-induced homicide, Musson is also charged with a second felony, unlawful delivery of a controlled substance.

Sova overdosed at Musson's house in Shorewood in the 200 block of Ravinia Drive. Many hours later, Musson, then 34, drove his unconscious girlfriend to Presence Saint Joseph Medical Center where she later died.

Polito, who retired as a Will County judge in 2015, handled most of Thursday's defense team arguments while Tedone and their client sat and watched. This Joliet Patch article from four years ago noted that Musson was an ex-convict who had been arrested numerous times since 2007 including three arrests for DUI, twice for aggravated battery and more than a dozen times for driving with a revoked or suspended license. The Shorewood man was on parole for aggravated battery at the time he was arrested in connection with Sova's drug overdose four years ago.

"This is a tragic case," Polito told Judge Carlson on Thursday morning. "My heart goes out to the parents suffering the loss of a young child."

However, Polito argued, the Will County State's Attorneys did not have overwhelming evidence to prove beyond a reasonable doubt that Musson should be convicted of a drug-induced homicide charge. Polito argued his client and Sova were using drugs together. He also argued Sova didn't die from using heroin, but rather, she was using cocaine as well, and the cocaine caused her to die.

Polito tried to convince Judge Carlson that defendant Musson was cooperative with Joliet detectives as well as Shorewood, granting both agencies interviews and answering all of the questions posed by the police.

In short, Judge Carlson needs to determine whether the defendant was being 100 percent honest during all his interviews with Joliet and Shorewood police during the summer of 2013, surrounding the overdose death of Sova, who was his recent girlfriend and lover.

During the trial, prosecutor Fitzgerald put on one witness who testified Musson was his dope supplier. But the defense wants Judge Carlson to believe that Musson did not supply the heroin that contributed to Sova's death.

This is the version of events that former Judge Polito wants Judge Carlson to believe:

During the night of June 28, 2013, Sova drives her car to the Thornton's gas station on West Jefferson Street and meets up with Musson. From there, she withdraws $100 from the First Midwest Bank. The pair then meet up with Musson's supposed drug supplier. They go to Musson's place in Shorewood. They consume most of the heroin between midnight and 6:30 a.m.

"There were two lines and two bags left on the dresser," Polito contended. "They agreed to have one line and one bag for later. They were sharing this, almost equally. They shared the entire six bags as co-users and co-purchasers."

Polito suggested that Sova's decision to use cocaine, away from the presence of his client, was the primary reason she died. Joliet and Shorewood police investigators, he said, "never asked (Musson) about the cocaine. Not one question about the cocaine. Where did it come from? Did it fall from a tree? It's absolutely amazing."

Eventually, Fitzgerald got to rebut Polito's arguments. Fitzgerald raised some interesting questions for the judge to ponder. He reminded Judge Carlson that one of their trial witnesses testified Musson was his drug supplier.

Fitzgerald also pointed out how the only information that Sova and Musson were "co-purchasers" of the heroin comes from the defendant.

It was explained by the prosecution that "the defendant doesn't give up that supplier," raising the likelihood there never was a mystery heroin supplier.

"That's his story," Fitzgerald argued Thursday. "It's just as likely that Dwight Musson has the heroin and Becky has to pay for it just like any other customer."

Furthermore, there was mention of a text message Musson sent to someone in the days after Sova's overdose. In that message, the defendant apparently feared how he might face serious consequences because "I was the one who got it for her."

Prosecutor Fitzgerald told the judge, "It's our contention ... he has the heroin when he goes to meet her."

Musson's bench trial resumes Friday on the fourth floor of the Will County Courthouse.

Mugshot of Dwight Musson via Will County Sheriff's Department

Image of Judge Dave Carlson via Joliet Patch files