A Jacksonville man who has now faced two separate cases of alleged child abuse in adjacent counties was found guilty of reckless conduct causing great bodily harm at a bench trial in Cass County Circuit Court yesterday.
Joseph E. Wardell, 36, was found guilty of the Class 4 felony after a two-day bench trial in front of Circuit Judge Timothy J. Wessel. Wardell was found not guilty of Class X felony aggravated battery to a child under the age of 13 causing permanent disability, Class 2 felony aggravated domestic battery and Class 3 felony aggravated battery to a child under the age of 13. Over the two-day trial, the Cass County State’s Attorney’s Office called the child’s doctor, arresting officers and other witnesses to the stand about the incident that was alleged to have occurred on August 6, 2024. According to a press release by Cass County State’s Attorney Craig Miller, “The Court determined that Wardell acted in a reckless manner and caused great bodily harm to his minor daughter by kicking her in the left thigh, resulting in a transverse fracture of her left femur.”
Wardell was arrested on similar charges in Morgan County in October 2020 after an investigation by the Illinois State Police after a request by the Children’s Advocacy Center of Morgan County was placed. According to charging documents in Morgan County court, Wardell is alleged to have acted in a reckless manner when “he caused a right oblique femur fracture to (a child under the age of 13)” and then provided false information about how the child was injured. The child was said to have been two months old at the time of the incident. Wardell was sentenced in 2021 to probation after pleading guilty to obstruction of justice for providing false information to authorities about the incident. Charges of Class 3 felony of aggravated battery to a child under the age of 13 and Class 4 felony reckless conduct causing great bodily harm were dismissed per the plea agreement. Wardell was sentenced to 30 months of second chance probation and ordered to pay a fine. Wardell’s probation was terminated as satisfied by the Probation Department on July 16, 2024.
In the Cass County case, Wardell was ordered to be detained at the Schuyler County Jail until his sentencing on January 12, 2026. According to sources, the Cass County incident involved the same minor from the Morgan County incident in 2020.
State’s Attorney Craig Miller said he was disappointed in the Court’s findings in the case, “As the prosecutor entrusted with seeking justice for the citizens of Cass County—especially for children who cannot protect themselves—I was disappointed in the Court’s decision to find the defendant not guilty of the aggravated battery charges and aggravated domestic battery charge. The evidence presented at trial included unrebutted expert medical testimony establishing that the injury to the child resulted from a bending mechanism inconsistent with an accident, as well as testimony from law enforcement that the defendant’s explanation was not credible. In my view, this evidence supported a finding that the defendant acted knowingly and intentionally, not merely recklessly, beyond a reasonable doubt. In our system of justice, however, it is the Judge—not the State—who serves as the trier of fact in a bench trial. While I respectfully disagree with portions of the Court’s analysis, I also respect the role of the judiciary and the process we follow. The American judicial system remains the best in the world precisely because it rests on fairness, due process, and the rule of law, even when outcomes are difficult or disappointing.
My office will continue to stand firm in protecting children and seeking accountability in every case we bring.”
Wardell could receive up to 1-3 years in prison, probation up to 30 months in length and a fine up to $25,000.
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