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Ashford 5 face Dec. 17 plea-bargain deadline

Police investigate scene The Ashford House Restaurant 7959 W. 159th Street Tinley Park where group people entered started assaulting patrons

Police investigate the scene at The Ashford House Restaurant, 7959 W. 159th Street, in Tinley Park, where a group of people entered and started assaulting patrons on May 19, 2012. | Brett Roseman~Sun-Times Media

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Updated: January 10, 2013 6:29AM



Five Indiana men accused of attacking an alleged white supremacist group at a Tinley Park restaurant in May have until Dec. 17 to accept sentences that are less than the maximum in exchange for guilty pleas, attorneys for three of the men said Friday.

The men otherwise would face trial, and prosecutors are pushing for the maximum seven-year sentence for all five men, according to one attorney.

None of the attorneys would reveal the exact length of sentences offered by the judge.

Alex Stuck, 22, John Tucker, 26, and brothers Jason Sutherlin, 33, Cody Sutherlin, 24, and Dylan Sutherlin, 20, all face 37 counts, including armed violence, mob action and aggravated battery, in a May 19 attack at The Ashford House Restaurant, 7959 W. 159th St.

Attorneys for the men met for a half-hour Friday with Cook County Circuit Court Judge Carmen Aguilar prior to a hearing at the Bridgeview courthouse. Aguilar told the attorneys what the sentences would be for each man who pleads guilty.

Attorney James Fennerty, who represents Cody Sutherlin, said the judge’s offer “wasn’t much below seven years,” which is the maximum possible sentence.

“I’m shocked. I thought Cody was a good candidate for probation,” Fennerty said.

Asked whether his client will accept the offer, Fennerty said, “I kind of doubt it.”

Attorney Brian Barrido, who represents Dylan Sutherlin, said the proposed sentences differ for each defendant. He said the men were taking an all-for-one approach in determining whether to plea bargain.

“Right now, they’re all going forward together, all five,” Barrido said.

“I don’t think my client will accept the offer,” he said.

Tucker’s attorney, Stuart Smith, said “he’s thinking” when asked whether his client would accept a proposed sentence rather than go to trial.

All the attorneys met with their clients at the courthouse after meeting with the judge. The five men did not appear in court Friday.

Aguilar on Friday granted Smith’s request to bring a personal computer into the jail so Tucker could see the surveillance recording from the restaurant on the day of the fight.

The attorneys of any of the men who don’t plead guilty Dec. 17 are to return Jan. 4 regarding a motion to suppress evidence — baseball bats and batons — recovered during a traffic stop after the incident. If one or more accepts the plea bargain, they would not be in court on Jan. 4, Smith said.

Prosecutors have said three of the men also left DNA evidence at the scene.

Police have called the five “anti-racists,” saying they wielded bats and wore masks when they targeted the alleged white supremacist group, the Illinois European Heritage Association.

Prosecutors say that with the help of about 12 other people, the men smashed dishes and overturned tables, doing about $15,000 worth of damage to the restaurant.



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