The scales of justice tipped in the opposite direction from an acquittal ruling Circuit Court Judge H. Chris Ryan Jr. made Tuesday for one defendant to a guilty verdict Thursday for an Earlville man on trial for the same charge of threatening a former village policeman.

Ryan found Eric Stevens, 22, 312 Stilson St., Earlville, guilty in a bench trial for his participation in voicing death and arson threats to Jeremiah Brown early July 6.

Ryan acquitted Robert L. Heckman of Sandwich, Stevens' co-defendant in the case, earlier in the week and released him following three months in county lockup.

The two friends, along with Brian B. Burress of Marseilles and Jacob F. Stanford of Earlville, were arrested following a confrontation with then part-time police officer Brown. According to county prosecutors, the men verbally assaulted the deputy after he stopped to speak with Stevens about a complaint of a person breaking bottles on a Earlville street that morning.

The group then reportedly threatened the officer with bodily harm, said they would burn down his house and told him they would kill his family.

Brown, in Tuesday's proceedings, testified he felt intimidated by the men yelling obscenities and left the scene while calling for backup. A La Salle County deputy and three state troopers soon arrived in the village and arrested the four friends.

For the defense, Ottawa attorney Melvin Hoffman got Brown to admit neither Stevens nor Heckman were mentioned by name as voicing any actual threats in the deputy's original reports or later in grand jury testimony.

By mid-morning Tuesday, Ryan agreed with Hoffman there was a lack of evidence presented against Heckman and ruled in the 20-year-old's favor. Heckman was immediately released from custody and, only minutes later, found himself on the witness stand again before Ryan, testifying on Stevens' behalf.

County prosecutor Greg Sticka later got Stevens to admit he didn't hear anyone speak any threats to Brown, which contradicted a written statement the defendant supposedly offered shortly after his arrest.

"I didn't write any of this" he said, noting the signature looked like his but he couldn't be sure.

Ryan was sure. Before his verdict Thursday, he asked rhetorically from the bench: Who do you believe, statements of the officer or testimony from the defendant? Ryan stated there was information in Stevens' written statement only the defendant could have known and, therefore considering all other evidence, he decided the state carried the burden of proof in its presentation.

He declared Stevens guilty, revoked the opportunity for bail and set a sentencing hearing for Thursday, Nov. 12. Stevens will remain in county jail.

Stanford and Burress will be tried on similar charges. Their next appearance in court is scheduled for Thursday, Oct 8.