In a recent development from Springfield, a panel of appellate court judges has ruled that a Peoria woman, accused of administering a lethal dose of over-the-counter sleep medication to a 13-month-old child, should not have been detained while awaiting trial.

The ruling, issued on December 30 by the 4th District Appellate Court, was a 2-1 decision. It concluded that Peoria County prosecutors had not demonstrated in March that Nausicca Thomas, 28, posed a sufficient risk to the community that could not be mitigated by court measures.

Judge Eugene Doherty, with Judge Peter Cavanagh in agreement, wrote, “There is no evidence that any infant or other vulnerable person is currently under the defendant’s care. Given the gravity of the allegations, it seems improbable that she would be placed in such a position again. However, if such a concern arises during her pretrial release, the circuit court has the authority to impose restrictions preventing it.”

In contrast, Judge Craig DeArmond offered a short dissent, aligning with Peoria County Judge Steve Kouri’s earlier decision to detain Thomas. He stated, “Assessing an individual’s potential danger is neither a statistical nor a precise calculation. I believe the circuit court acted correctly in supporting the State’s motion to deny pretrial release.”

“Determining the degree of a person’s dangerousness is not an actuarial process or a mathematical equation,” he said. “I would find the circuit court did not err in granting the State’s motion and denying defendant pretrial release.”

Thomas and Tasheaunna R. Williams, 27, are both accused of giving Hezekiah Williams 40ml of Zzzquil in December 2023 and then leaving him alone for two hours. An adult dose is 30ml.

Prosecutors have mentioned the fact that the makers of the medication state on their packaging that it should not be given to anyone under 12.

Initially, the parents were charged with lesser charges and not murder, the prosecutor said, because they didn’t have results from the toxicology tests or the autopsy.

Hezekiah Williams also showed signs of severe malnourishment, poorly healing wounds, bruising and bleeding diaper rash, according to the court documents. In short, according to the court record, Hezekiah was in a coma and on a ventilator when police arrived.

He was on life support for several days before dying on Dec. 27, 2024.

Both women face up to 100 years in prison, well more than the normal maximum of 60 years behind bars. That’s because of the child’s age.

The appellate panel minced no words, calling the allegations “revolting.”

“The alleged offense is all the more heinous because it was directed against a helpless infant who depended on defendant and her paramour for his health, safety, and security,” they wrote, adding that such facts would give one the idea the two were a threat to the community.

It is, however, difficult to conclude on this record that she would present “a real and present threat” to any person not meeting that description, or to the community at large. The State presented no evidence beyond the nature and circumstances of the alleged crime at issue. Defendant had no prior criminal convictions,” they noted.

Additionally, as both were charged with a lesser offense and released without any violations, this demonstrated that it was possible for Thomas, at least, to remain free pending trial.

The SAFE-T Act eliminated cash bail and established a presumption that all individuals would be released pending trial unless prosecutors specifically requested that they be held. A judge would then have to hold a hearing to determine whether the charge was detainable.

Then, the judge would have to determine whether the person posed a threat to the community or was a risk of flight. And if that was found, then the judge would have to determine if any conditions imposed by the court could be imposed to mitigate that. If not, a person was held.

A date for Thomas to appear in court for a hearing on the conditions to be imposed had not yet been set. Both she and Williams have trials set for later this year.