Sentencing is expected this Friday in Monroe County Circuit Court after a young Monroe County man agreed last Wednesday to a plea agreement to charges of aggravated DUI  and reckless homicide involving a motor vehicle related to a fatal 2023 crash.

James M. Eschmann, 22, of Columbia, was charged in connection with an ATV crash in the 2600 block of Trout Camp Road west of Waterloo on Sept. 13, 2023, which claimed the life of 17-year-old David Browning Jr. of St. Louis.

As part of the plea, Eschmann will plead “guilty but mentally ill” to the aggravated DUI charge, with the prosecution expected to drop the reckless homicide charge during sentencing.

The Monroe County State’s Attorney’s Office has also agreed to request a sentence cap of 10 years in an Illinois Department of Corrections facility, although Eschmann’s attorney is arguing for the minimum statutory sentence.

A sentencing memorandum – also filed last Wednesday by Eschmann’s counsel, Belleville attorney Justin Kuehn – states “the defense’s intention to request a three-year term of imprisonment.”

As part of the argument for a lesser sentence, the memo also alludes to “incongruity” in state sentencing codes, with probation only a possibility in “extraordinary circumstances” when an aggravated DUI results in death.

While not explicitly requesting the possibility of probation, the filing noted the possibility of probation is presumed in “the vast majority of Class 2, 3 and 4 felonies.”

The memo also notes “that civil litigation is afoot,” referring to expected litigation on behalf of Browning’s family in connection to the crash.

Kuehn argues, “the fact that the family does stand to receive substantial recompense civilly triggers (a) statutory factor in (sentencing) mitigation, and the  court is respectfully asked to consider it.”

The filing also points out Eschmann “has been on pretrial release for approximately one year without violation.”

 The mental illness aspect of the plea is supported by Dr. Daniel Cuneo, a psychologist who frequently works with local courts to provide evaluations.

In his report, Cuneo stated Eschmann’s previously diagnosed attention deficit hyperactivity disorder contributes to Eschmann’s “extremely impulsive” behavior.

Cuneo notes Eschmann was treated throughout grade school and high school but stopped taking medication after graduation, leading to greater impulsivity and “heavier” drinking “as a means to self-medicate.”

Eschmann was also diagnosed as having post-traumatic stress as a result of Browning, which the filing repeatedly refers to as Eschmann’s “best friend.”

Kuehn also appeals to Eschmann’s age – 20 – at the time of the incident and the fact he will be separated from his 4-year-old daughter during incarceration as further argument for the minimum sentence.   

Other publicly-available court documents contain letters testifying to Eschmann’s good character, and one lists an episode of extreme physical abuse during early childhood as another factor in considering a lighter sentence.

Browning’s family contacted the Republic-Times on Tuesday and submitted a statement ahead of Friday’s sentencing.

“David’s life was taken from him far too soon. Our family is still trying to process the weight of that loss. This is the heavy pain behind someone’s reckless choice to drive intoxicated. It kills people. It kills children,” the statement began.

“Going home isn’t the same. It’s quiet, lonely – hearing his boots on the wood floor, hearing him in the kitchen cooking, or his F-350 coming down our street; We will never get to hear him or see him again. It’s all just memories now. Our lives were shattered on Sept. 13,” the statement continued. 

“David was funny, smart, kind and full of life. He had plans. He had dreams. And he deserved the chance to live them. His absence has changed everything for our family; holidays, birthdays, even just regular days. Nothing feels the same without him. You feel guilty for living and doing things he never got to do. The grief and sadness will never go away. It doesn’t get better.

“David’s story isn’t going to end with his loss. He is more than what happened to him. He is remembered for the way he lit up a room, the way he made people laugh, and the love we’ll never stop feeling for him. We want justice for his life,” the statement concluded. 

During sentencing scheduled for 10 a.m. Friday, Eschmann’s attorney is also requesting “designation to the Sheridon Correction Center where he can receive treatment for both mental health and substance abuse.” 

The Sheridon facility is an “adult male medium security prison, totally dedicated to substance abuse treatment and is one of the largest substance abuse treatment programs in the nation,” according to information obtained through the IDOC website’s “facility information” page. 

Aggravated DUI involving death is a non-probational Class 2 felony which usually carries a sentence of 3-14 years in the Illinois Department of Corrections. 

The reckless homicide charge, expected to be dismissed Friday, is a Class 3 felony and can result in a 5-10 year term of incarceration in a correctional facility.

Eschmann’s driving privileges have already been revoked, and he will not be eligible to request reinstatement until two years after his incarceration ends.