Family of 74-year-old homicide victim: Alleged assailant should have never been free
ROCKFORD — Auto theft, robbery and burglary, violating numerous orders of protection and threatening a public official.
Those charges were apart of Shane Bouma's criminal history before 2021. His rap sheet now includes home invasion, aggravated criminal sexual assault and first-degree murder, all are crimes that Bouma is accused of committing on Jan. 31, 2021, while on furlough from the Winnebago County Jail.
The family of 74-year-old Ellen Marsh said the later three crimes would have never occurred if Bouma wasn't free on furlough from the Winnebago County Jail.
As a result, the family has filed a lawsuit in federal court against Winnebago County Sheriff Gary Caruana, Jail Superintendent Bob Redmond, the Salvation Army and Winnebago County.
Related: Man charged with first-degree murder in 74-year-old Machesney Park woman's death
'Mother's murder was preventable'
The suit is alleging neglect and mismanagement on the part of the defendants because Ellen Marsh, 74, of Machesney Park, was sexually assaulted and killed inside her home while Bouma was AWOL from the Winnebago County/Salvation Army furlough program.
"My mother’s murder was preventable," Timothy Marsh said in a statement. "She lived near the police station and always felt safe in her home. Those in charge of protecting the public put my mother and other citizens at great risk and my mother paid for it with her life.”
According to the complaint, Winnebago County allows select inmates to go on furlough and participate in recovery programs. Before doing so, the State’s Attorney's Office has the opportunity to object to the furlough.
The suit said the Salvation Army’s Adult Rehabilitation Center in Rockford transports inmates from the Winnebago County Jail to its rehabilitation center; and, in doing so, takes control and custody of the inmate until the inmate is discharged from its treatment program and is returned to the Winnebago County Jail.
If an inmate violates the terms of their furlough, they are considered to be in violation of the conditions of their bond, a criminal offense.
Previous: Man had 'no connection' to 74-year-old Machesney Park woman he's accused of killing
Attorney: Release was a mistake
Reached Tuesday, the Marsh's attorney, Daniel Herbert, called Bouma's release to the furlough program a mistake.
"The mistake was compounded when the Salvation Army and the Sheriff's Office failed to ensure that Mr. Bouma was identified as missing and put into the system with a warrant for an escape order so that he could have been likely easily apprehended before he killed Ms. Marsh."
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According to Winnebago County court documents, Bouma told authorities about an altercation with his girlfriend on Jan. 31, 2021, at her Shore Drive residence in Machesney Park and how he fled on foot when she called police. He said he hid between houses and saw Marsh inside her residence. He said he knocked on the door and when Marsh answered he forced his way in.
Bouma is accused of sexually assaulting and strangling Ellen Marsh to death.
Before leaving, Bouma reportedly took the woman's money, jewelry, keys and car and used the cash to purchase beer and drugs.
At a March 4 court appearance Bouma pleaded not guilty.
Lawsuit under review
Winnebago County State's Attorney J. Hanley is representing the county and the sheriff's department and is prosecuting the case against Bouma.
"The murder of Ellen Marsh at the hands of Shane Bouma was tragic," he said. "I cannot imagine what her son Timothy is going through. Through the criminal prosecution of Shane Bouma, this office will continue to seek justice on behalf of Ellen and Timothy Marsh."
He added, "This office has recently received the civil lawsuit filed by Timothy Marsh. We will review the allegations within Mr. Marsh’s complaint and defend it accordingly.
Hanley said he expects the county to be successful in both cases.
The Salvation Army released the following statement:
"The Salvation Army has not been served nor do we comment on pending litigation. We remain dedicated to our mission of meeting human needs without discrimination, which includes offering programs that promote stability to anyone in need in accordance with our capacity to help."
The suit is seeking unspecified punitive damages.
Chris Green: cgreen@rrstar.com; @chrisfgreen
This article originally appeared on Rockford Register Star: Winnebago County, sheriff, jail superintendent named in federal suit
