Illinois Supreme Court candidate challenges opponent to a shootout, but he won’t bite
A downstate Republican candidate vying for a seat on the Illinois Supreme Court has declined a challenge from the Democratic candidate to compete in a gun range shootout.
Republican David Overstreet and Democrat Judy Cates, judges on the 5th District Appellate Court, are competing to replace retiring judge Lloyd Karmeier on the 5th District Supreme Court, which covers 37 southern Illinois counties.
Cates, 68, from Belleville, said in a statement Monday that she challenged Overstreet, 54, to a shooting competition at a gun range.
It’s important for southern Illinoisans to know their state supreme court judge will defend Second Amendment rights, Cates said.
“People want to know since you’re a Democrat if you’re going to take away their guns,” Cates said. “I’m like, no, I’m a Democrat with a gun. The whole philosophy of David’s campaign is that I’m just acting like that.”
Overstreet, of Mount Vernon, said he was unaware Cates had challenged him to a shootout until he read the statement from Cates’ campaign.
“Rest assured I’m not getting involved in any shootouts or any other sporting events with Justice Cates,” Overstreet said. “This is just typical nonsense coming from her, grandstanding. Quite frankly, I want no part of this political theater.”
Cates, an avid hunter and shooter, questioned whether Overstreet has a firearm owners identification, or FOID, card. Overstreet says he does.
The original challenge to a shootout appeared on social media in response to a post questioning Cates’ commitment to gun rights, Cates said, though she wasn’t sure exactly how it unfolded or who wrote the post. She doubled down on her invitation Wednesday.
“The reality is I don’t think Dave Overstreet will ever meet me on a gun range and I’m happy to challenge him again to a shootout,” Cates said.
Overstreet has criticized Cates’ connection to House Speaker Michael Madigan, who is embroiled in corruption allegations connected to the state’s largest electric utility. The speaker has denied any wrongdoing. Cates’ campaign donated $5,000 in 2020 to the Democratic Party of Illinois, which Madigan controls.
“The people of Southern Illinois deserve to know that Judy Cates is a pretender,” said lllinois Republican Party Chairman Tim Schneider. “ ... Judy Cates’ track record is a giant red flag for every person in the 5th Judicial District who wants their communities safe and 2nd Amendment rights and religious liberty protected.”
Southern Illinois judge candidates on sex assault case
The press release from Cates’ campaign also accused Overstreet of allowing a man convicted of sexual assault to be released from prison.
Overstreet served on a three-judge appellate panel that decided a lower court wrongly proceeded with a trial involving Jerad Peoples of Centralia. Peoples, who was found guilty of sexually assaulting a 6-year-old girl, overdosed on an over-the-counter painkiller the day before his trial and was unable to attend because he was hospitalized.
Peoples was three years into his 35-year prison sentence when the appellate court heard his appeal. Justice Milton Wharton wrote the decision to allow a Peoples a new trial with Overstreet and Justice John B. Barberis, Jr. agreeing. Peoples was released from prison and was awaiting a new trial as of late October.
“It’s a basic constitutional right, no matter what the horrific charge is, that (a defendant) has a right to be at their own trial,” Overstreet said, “and that’s what this case was. It’s an act of political desperation to grandstand on this issue.”
Cates says she would have disagreed with the decision to allow Peoples a new trial. The defendant knew his trial was the next day when he overdosed on painkillers, and the court was right to proceed without him, she added.
“This is done for exactly for the kinds of antics this defendant pulled,” Cates said. “If you read this case, you can understand what this 6-year-old went through for many years. ... Having experience as a prosecutor, I know what happens. What happens is after three years the case is vacated, now he’s going to get a new trial but meanwhile he’s out on bond, he’s not registered as a sex offender and she’s in hiding.”
Both Cates and Overstreet responded to candidate questionnaires for the Belleville News-Democrat’s Voter Guide, which can be found at www.bnd.com/news/politics-government/election/voter-guide/.
This story was originally published October 22, 2020 at 7:00 AM.
