The Second District Appellate Court of Illinois on Nov. 26 affirmed the 100-year sentence imposed by DuPage County Judge Brian Telander upon inmate Tevin Rainey, 26, for forcing his way into the Westmont apartment of an elderly woman and sexually assaulting her on New Year’s Day 2015, according to a DuPage County State’s Attorney’s Office news release.
After a six-day trial in January 2017, 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. Rainey was sentenced on April 18, 2017.
On Jan. 1, 2015, about 5 a.m., Rainey, armed with a firearm, broke into the woman’s apartment. Once inside, he forced the woman, who was more than 80 years old, onto a bed where he sexually assaulted her. After the sexual assault, Rainey demanded money from the woman, the release stated.
When the woman told Rainey that she had little money in her home, he forced her at gunpoint to drive to an ATM machine and withdraw funds. After the woman withdrew about $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 release stated.
The woman returned home and called 911. An investigation led to Rainey, who was found to be 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 60 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 100-year sentence was still 20 years less than the maximum allowable under the law.
“The Appellate Court found no error in Judge Telander’s 100-year sentence imposed upon Mr. Rainey,” DuPage County State’s Attorney Robert Berlin said in the release. “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.”