EMS workers accused of causing Earl Moore's death will stand trial for first-degree murder

A Sangamon County judge has allowed the Sangamon County State's Attorney's office to proceed with a trial of two Springfield EMS workers accused of first-degree murder.

Judge Raylene Grischow said during a hearing Friday that State's Attorney Dan Wright had provided enough probable cause in the case against Peter J. Cadigan, 50, and Peggy J. Finley, 44, both of Springfield to justify a murder trial against the pair of LifeStar Ambulance Services employees. Both are accused of killing Earl Moore, Jr., 35, of Springfield, on Dec. 18 by strapping him tightly onto a gurney in a prone position. They both pleaded not guilty.

If convicted, they each could face between 20 to 60 years in prison.

Both Cadigan and Finley were in the courtroom Friday seated at the defendants' table.

Wright argued at the hearing that even if Cadigan and Finley didn't have intent to kill Moore, they still voluntarily committed acts that led to his death. He cited a 1984 case in the Fourth Appellate Court District of Illinois which stated that for a murder conviction to be sustained, a person would need to have voluntarily or willfully committed an act that caused a death.

In this case, Wright said that the evidence was more than enough to meet the state of Illinois' standard for probable cause. Illinois State Police investigator Sgt. Zach Weishaar testified that Cadigan and Finley each possessed the knowledge needed to ensure Moore's safety, but chose not to use it by keeping him in a prone position – face down – as opposed to a supine position – face up.

He also said the two weren't entirely truthful when they told paramedics at HSHS St. John's Hospital that Moore was combative. He added that the body camera footage provided by the Springfield Police Department showed that Moore needed assistance to get out of his home and onto the stretcher.

More:This is the Springfield Police officers' body cam footage of Earl L. Moore Jr. from Dec. 18

Cadigan and Finley's defense attorneys, W. Scott Hanken of Springfield and Edward Unsell of East Alton, argued that the body camera footage did not show that the pair committed the act of first-degree murder. Hanken said Wright and his witness had not proven first-degree murder and that a civil case – such as the one filed against the pair and LifeStar by the family on Thursday – might be a better way to determine liability than a trial.

Ultimately, the argument was unsuccessful, and pre-trial proceedings were scheduled for 10:30 a.m., on Feb. 6. Cadigan and Finley will be treated as co-defendants as the case continues.

Following the hearing, Unsell said that the evidence presented by Wright, both through the testimony given by Weishaar and the police body camera footage, still didn't show enough to prove either of them committed first-degree murder.

"They cannot prove murder (in this case)," Unsell said. "It's just that simple. It's their burden of proof, they have to prove beyond a reasonable doubt that him (Cadigan) and Finley committed first-degree murder. They cannot prove that under these facts."

Unsell also agreed with Hanken on proving the facts of the case at the civil level in contrast to a criminal trial.

"There very well may be negligence," Unsell said. "There are booklets that say that you should never transport someone in a prone position, but I asked the investigator, 'Isn't it true that nowhere could you find where it said that by doing that, that created a strong probability of death or great bodily harm?' And he agreed! He said, 'No, nobody said that.' They got to have that to prove murder."

Hanken was disappointed that the court ruled against stopping the case before it reached the trial stage, but he understood that such a maneuver was unlikely.

"It's an uphill battle at the preliminary hearing stage because of the low standard the state had to meet in order for it to go to trial," Hanken said. "Now that it's going to trial, we're dealing with this from the standpoint of proof beyond a reasonable doubt and if I didn't think it should have survived the low threshold of a preliminary hearing, I sure as heck don't think it's going to survive beyond a reasonable doubt."

On Thursday, Moore's family filed a wrongful death lawsuit against Cadigan, Finley and LifeStar. Civil rights attorney Ben Crump is representing the estate.

This article originally appeared on State Journal-Register: Illinois EMS workers charged in Earl Moore's death to stand trial