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A year later, family wants justice | Courts-police-fire | news-gazette.com - Champaign/Urbana News-Gazette

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CHAMPAIGN — A year after their brother and nephew was violently murdered, apparently during a robbery, relatives of Todd Ledbetter are exceedingly frustrated and want action.

“If Todd was in a different social level than being homeless, I think things may be different,” said Phillip Ledbetter of Russellville, Ken., who wants his younger brother’s killers prosecuted.

Todd Ledbetter, 56, was kicked in the ribs and head July 2, 2020, as he slept on or near a park bench on State Street in downtown Champaign just east of West Side Park. He died of a brain injury.

Living on the streets for many years for what Phillip Ledbetter said was the “result of bad choices,” Mr. Ledbetter was well-known among other homeless folks and many of the people who minister to them.

People who knew him told police he was attacked by more than one person and robbed of about $200 cash — money they said he probably would have given his attackers had they asked.

Phillip Ledbetter, of Russellville, Ky.; and he and Mr. Ledbetter’s aunt Debbie Taylor and uncle Terry Kammermann, both of Mahomet; are all frustrated with the Champaign County State’s Attorney’s Office for not filing charges against the people they believe are responsible for the death of their loved one.

“Our family is perplexed by no progress being made in holding the known murderers accountable for brutally beating Todd to death as he lay sleeping near his park bench in Champaign,” they said in a prepared statement. “Our hearts go out to all the families who have lost loved ones to senseless murders, but how can we hope for violent crimes to be deterred when the offenders are known and yet not prosecuted?”

Assistant State’s Attorney Lindsey Clark, a veteran prosecutor, said there simply is not probable cause to charge anyone.

“The investigation remains open and I am still working with the detective to explore other avenues of finding evidence,” Clark said.

Just over two weeks ago, Clark had a phone conversation with Mr. Ledbetter’s relatives in which she explained to them her evaluation of the evidence.

“I told Lindsey I was grateful to have the conversation. It wasn’t what we wanted to hear,” Phillip Ledbetter said. “I wake up every morning hopeful that things are going to change in this world. I do believe there’s hope. The eternal optimist, that’s what I am.”

Because it’s an open investigation, Clark cannot discuss what evidence Champaign police obtained or did not obtain as they investigated Mr. Ledbetter’s death for months.

One doesn’t need a law degree to realize Clark does not think it’s a winnable case.

Still, that doesn’t matter to Ledbetter, Taylor and Kammermann, who would rather see a jury acquit someone than not have anyone charged.

“I don’t think Todd is viewed by the powers that be as being important enough to pursue this, and I think politics plays into it,” Taylor said. “It’s well known that people are arrested, charged, tried, convicted and sentenced to prison on circumstantial evidence all the time.”

Kammermann agreed.

“What we’re asking for is a trial, win or lose. (Clark) kept saying ‘We can’t convict on this evidence.’ Present the evidence and let the jury decide,” said Kammermann, who formerly acted as a legislative liaison to Sen. Shane Cultra and is familiar with assisting others with problems.

“What upsets me is when that Chinese scholar (Yingying Zhang) got murdered, they tried the man without a body and went to great lengths to bring in the FBI,” Kammermann said. “Because Todd is White and a street person, they are not doing anything.”

Clark’s boss, State’s Attorney Julia Rietz, said no charges being filed at this time does not equate to a lack of caring about justice for Todd Ledbetter.

“There were similarly significant resources brought to bear in this case,” Rietz said. “The police investigation has been very thorough. We have followed up on many, many leads. We have sent evidence to the lab for testing. At this time, we simply do not have sufficient evidence to file criminal charges against any individual.”

As for the family’s wish that her office should let a jury decide, Rietz said she’s not even sure a judge would find probable cause to allow the case to proceed. Even if it did go forward, an acquittal means the case is over, she observed.

“If we believe the jury is going to come back not guilty, then we have an ethical obligation not to file charges,” Rietz said. “There is no statute of limitations on murder. If evidence comes forth that helps us, it will be considered.

“To say we’re not putting substantial resources toward this case is simply wrong. I’ve put one of my top prosecutors on this case,” she said.

Kammerman, who did his own investigating, isn’t persuaded.

“I didn’t get contradictions like the state’s attorney is saying,” he said. “If this was your family member, I would do everything in my power to ask for justice.”

Kammermann was 14 when his now-deceased nephew was born, the middle child of his sister, Diane Kammermann, and her husband, Phillip G. Ledbetter.

The younger Phillip Ledbetter explained that his parents were divorced when their mom died of cancer in 1970. He, Todd, and brother Charles, whom they called Chuckie, were only about 8, 6 and 3, respectively, when they went to live with grandparents near Colfax.

“Todd was real happy. He just had a big smile on his face. I don’t know what happened when he got older. He just spiraled out of control,” said Ledbetter, unsure if his late brother even finished high school.

Mr. Ledbetter was good at detailing cars, something he did after their grandparents died and they moved to Russellville, Ky., to live near their father.

“He did know a little bit about paint and body work as well. He was around the used-car business,” said his brother.

But Ledbetter said his brother got into drugs and alcohol in his 20s, suffered from mental illness and had “legal issues that left him unprepared for life.”

“It caused a wrecked marriage and his children became estranged from him. He had three boys,” Ledbetter said of his brother.

For all his faults and his nomadic lifestyle, Ledbetter said his brother didn’t deserve such a brutal ending.

“He was of a very giving nature,” he said. “He was a Christian, and despite his downfalls and a sinful life, he knew who God is.”

Phillip Ledbetter said he rededicated his life to God about six years ago, and Todd was very supportive.

“He’d say, ‘Brother, I’m so happy you’re to this point in your life. When I’m gone, I don’t want you to cry for me,’ even though he would say it through drunken lips,” Ledbetter said. “He told me many times as we spoke he had a feeling he wasn’t going to be around much longer.”

His brother lived on the street by choice, he said, and their communication was intermittent.

“I may not hear from him for a couple of months,” he said. “He’d ramble on. He burned so many bridges. There was nothing I could do for him.

“I have asked myself, ‘Why didn’t I get him off the streets?’ Because he was doing what he wanted to do. I just pray every day for God to forgive me. We all fall short.”

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