STATEMENT OF FACTS - University of Illinois Springfield

y the city of Mt. Zion. (Vol. LVI, R. 2847-51) There was no enforcement action
regarding the weeds at that time. (Vol. LVI, R. 2852)
Dennis Hughes sold automobiles across the street, about 500 feet north,
from Miracle Motors. (Vol. LXX, R. 61-62) Hughes knew Senior from car sales.
(Vol. LXX, R. 63) Hughes did not observe or hear anything unusual at Miracle
Motors from September 27-30, 1996, nor did he see any clean-up activities going
on. (Vol. LXX, R. 64) Hughes left work around 6:30 p.m. on September 27, 1996,
and worked on the 28th from about 10-6. Hughes testified that he did not recall
if he was there on Sunday. (Vol. LXX, R. 75-76)
Hughes purchased vehicles at Decatur Auto Auction, the same place where
Senior purchased vehicles, and he would often find personal property including
clothing in the vehicles that had not been detailed. (Vol. LXX, R. 65-67) It was not
unusual at the car auctions to find personal belongings in undetailed cars and
Senior tended to buy non-detailed cars. (Vol. LXX, R. 67-69) Hughes had been
to Miracle Motors on several occasions and had seen a 55-gallon drum on the
south part of the property prior to March 1998. Senior used this drum to get rid
of things such as yard waste or garbage through burning. (Vol. LXX, R. 73)
Weedeater
Fred Bishop, the father of Trina Gifford, loaned Junior and Trina a
weedeater to clear out a dog run behind Junior’s home. (Vol. LXX, R. 39-45) Mr.
Bishop testified that it had been his idea to loan the weedeater to Junior and
Trina. (Vol. LXX, R. 41-42)
After they had the weedeater for several months, Bishop finally went to their
house and picked it up. (Vol. LXX, R. 43) Bishop testified that the steel blade he
had installed was still in place. (Vol. LXX, R. 42) Bishop found the weedeater on
the porch and noticed the dog run had been cleared. (Vol. LXX, R. 46)
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