Man in Janesville drive-by sentenced to four years
Nov. 29—WASECA — The motorist involved in July's drive-by shooting in Janesville was sentenced Monday to four years, part of it to be served in prison.
William Cornelius Terrel Peavy, 32, of Waseca, pled guilty to felony aiding and abetting a drive-by shooting in Waseca County District Court. He had two other felony charges, attempted murder and assault causing great bodily harm, dismissed.
Peavy received a four-year sentence in the Minnesota Correctional Facility in St. Cloud. He's likely to serve 32 months of the sentence in prison — minus the 76 days of credit for time he's already served — followed by the remaining 16 months on supervised release.
Police say Peavy was driving a vehicle in downtown Janesville on July 26 when his passenger, Devonte Bernard Phillips, 27, of Mankato, fired gunshots at another motorist. The target of the shooting is reportedly paralyzed below the waist as a result of the gunfire.
Phillips still faces attempted murder, first-degree assault, illegal firearm possession and drive-by shooting charges. His next court hearing is scheduled for Jan. 17.
The target of the shooting, Khalil Billups, virtually attended Peavy's sentencing hearing Monday. The man said the driver and shooter should be treated the same when it comes to sentences.
Peavy told the court he's regretted the "terrible, isolated incident" every day since it happened.
"I apologize it happened," he said. "It never should've happened."
Four friends or family members spoke in support of Peavy at the hearing, describing him as a caring father and hard worker who made a mistake that day. Earlier in his case, his coworkers from ELM Homes disability services submitted positive character references to the court.
Sentencing guidelines called for between a 41- to 57-month sentence. Peavy's defense lawyer, Mercedes Gustafson, sought a 41-month sentence for him based on his remorsefulness and cooperation in the investigation.
Waseca County Attorney Rachel Cornelius noted Peavy has been cooperative in the case, but said the shooting left a man paralyzed and Janesville residents are still "apprehensive and concerned" about what happened. She called for the court to "send a message that this is not tolerated."
Judge Carol M. Hanks said she appreciated the arguments for why Peavy should receive a longer or shorter sentence. She ruled that there was no compelling reason to deviate from the four-year sentence in the guidelines.
"I truly believe you were at the wrong place at the wrong time, but you were part of it," she told Peavy.
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