A man from Normal accused of slipping abortion drugs to his girlfriend to prompt a miscarriage against her wishes will remain in custody as he awaits trial.
Emerson Evans, 31, appeared before Judge Amy McFarland on Monday afternoon for a pretrial detention hearing on two counts of intentional homicide of an unborn child. Prosecutors argued Evans should be held in McLean County Jail awaiting trial; McFarland agreed.
Evans was formally charged Saturday after the girlfriend told police he drugged her with the abortion pill mifepristone without her knowledge to terminate the pregnancy. She was seven weeks pregnant at the time.
Public defender John David Nairn sought Evans’ release from custody, citing Evans' lack of criminal history. He was charged with driving under the influence in 2023, though the court did not consider it since Evans had completed court supervision in July.
Nairn also noted Evans’ longtime residence in McLean County, his employment at Bridgestone and children as reasons his client should be granted release. Nairn said three of Evans’ four children live with him and he coaches youth sports. He also said Evans posed no threat to society because the alleged victim, in this case a fetus, could not be accessed by the defendant.
McFarland appeared visibly befuddled by that comment. In counter arguments, McLean County assistant state's attorney David Fitt said the statement was akin to saying Evans is "not a threat because he was successful," and noted the woman's statement to police that she feared the defendant.
McFarland apparently agreed, saying the violent nature of the alleged crime outweighed Evans' lack of criminal history and showed an ongoing threat to society.
McFarland also brought up the fact that abortion is legal in Illinois, noting that if both Evans and his girlfriend wanted an abortion, there was a safe, legal, medical way to obtain one. Evans allegedly inserted four mifepristone into his girlfriend vaginally. The recommended dose is one pill, taken orally.
"Frankly, the number of pills demonstrates lack of knowledge or consent,” McFarland said.
McFarland also used Evans own words against him, noting how he told police he "made the decision for her," thus taking matters into his own hands to "effectuate his beliefs of what should occur in the absence of consent. That involved taking a life," she said. "That is the broader threat.”
Evans is scheduled to be arraigned on Sept. 12.
Michael Gizzi, a criminal justice professor at Illinois State University, calls it a disturbing case and says the charge of intentional homicide of an unborn child in Illinois carries a minimum sentence of 20 years in prison for each count.
“It’s a very significant charge. This is not a manslaughter case,” Gizzi said. "I don't think it would be a hard case for a prosecutor [to argue case law]. They have to be able to prove it."
Gizzi adds the criminal code dates back to the 1960s and makes clear that it does not apply to legal abortions.
“And it doesn’t apply to cases where a doctor is forced – in order to save the life of the woman – to do an abortion," Gizzi said.
