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Press Release-Carl Defay Indictment


Date: Wednesday, February 20, 2019

February 20th, 2019

State’s Attorney Marilyn Hite Ross

 

 

Winnebago County State’s Attorney Marilyn Hite Ross announces that a Durand man has been indicted by a Grand Jury after a death investigation by the Winnebago County Sheriff’s Department which began in the summer of 2017.

 Carl Defay Mug

In August of 2017, Winnebago County Sheriff Deputies received a report of a possible deceased individual on the property in the 17000 block of Wheeler Road. Detectives conducted a search warrant and located decomposing human remains. The remains were later identified as Samantha Swan of Rockford. A forensic pathologist determined that the cause of death was strangulation. Sheriff’s Detectives conducted a follow up investigation that was reviewed by the Winnebago County State’s Attorney’s Office. As a result, Carl N. Defay (D.O.B. 9/4/1988) was charged and recently indicted by a Grand Jury. Defay faces a 16 count Bill of Indictment that includes charges of First Degree Murder, Concealment of a Homicidal Death, Concealing a Death and Obstruction of Justice.

 

First Degree Murder is a Class M Felony that is punishable by a sentence of 20-60 years in the Illinois Department of Corrections followed by three years of Mandatory Supervised Release.

Concealment of a Homicidal Death is a Class 3 Felony that is punishable by a sentence of 2-5 years in the Illinois Department of Corrections followed by one year of Mandatory Supervised Release.

Concealing a Death is a Class 4 Felony that is punishable by a sentence of 1-3 years in the Illinois Department of Corrections followed by one year of Mandatory Supervised Release.

Obstruction of Justice is a Class 4 Felony that is punishable by a sentence of 1-3 years in the Illinois Department of Corrections followed by one year of Mandatory Supervised Release.

 

Defay is currently in the custody of the Illinois Department of Corrections on unrelated charges.

 

The charges are merely allegations and the defendant is presumed innocent until or unless proven guilty in a court of law.

 

CONTACT PERSON:

Alternative Justice & Outreach Coordinator

Katie Zimmerman

815-319-4725

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