Judge detains man charged with murder in Belleville shooting on Memorial Day

A St. Clair County judge on Monday ordered a Belleville area man to remain in jail on his first-degree murder charge despite his attorney’s argument that he acted in “self-defense” in shooting another man and is not a threat to the community.

Elijah C. Nelson, 22, of Kingsway Drive in unincorporated Belleville, faces the murder charge in the May 27 shooting death of 49-year-old Anthony Wilbourn on Wilbourn’s driveway at 7300 W. A St. in Belleville.

The Memorial Day confrontation between Nelson and Wilbourn came in the wake of a domestic dispute between Nelson and a woman who is the daughter of Wilbourn’s fiance, according to police and a witness. The dispute included property damage to two vehicles.

Nelson’s attorney, Joslyn R. Sandifer of Fairview Heights, argued in a detention hearing that Nelson should be released from the St. Clair County Jail before his trial because Nelson acted in “self-defense” in the confrontation with Wilbourn.

But St. Clair County Assistant State’s Attorney Levi Carwile told Associate Judge Sara L. Rice that Nelson should remain in jail because he brought a loaded, fully automatic gun to Wilbourn’s home.

“He was looking to start a fight,” Carwile said of Nelson.

Carwile said Nelson fired multiple times at Wilbourn, who was hit in one eye.

Rice ordered that Nelson remain in the St. Clair County Jail.

Along with the murder charge, Nelson also faces a charge of unlawful use of a weapon/automatic weapon. The firearm was recovered at the scene, Carwile said.

A witness previously told the Belleville News-Democrat that Wilbourn did not have a gun.

Sandifer and Carwile each declined to comment after the detention hearing.

Since Sept. 18 when Illinois ended its cash-bail system, judges have been conducting detention hearings to determine whether someone charged with a serious crime can be released from jail before their trial. One of the components of the new criminal justice system calls for judges to decide whether someone could be a threat to anyone in the community if released from jail.

In this case, Rice ruled that Nelson does pose a threat.

Sandifer told the judge that Nelson is not a threat to the community and would agree to stipulations such as house arrest if released on a pre-trial basis.

Sandifer also told Rice that Nelson called police about the shooting and did not flee the scene. She said Wilbourn “was the aggressor” and that Nelson made a “terrible, split-second decision.”

But Carwile said this was “not a split-second decision.” He said Nelson took time to get a loaded firearm and drive to Wilbourn’s house.

“You don’t get to bring a gun to a fistfight,” Carwile said.