A Carterville man is facing charges of involuntary manslaughter and aggravated battery in connection to the death of a Du Quoin man in July outside of a Carbondale retail establishment.
According to a Wednesday news release from Jackson County State's Attorney Michael Carr, Joshua S. Kern, 44, of Carterville, was formally charged on Monday with three Class 3 felonies — one count of involuntary manslaughter, and two counts of aggravated battery — in the death of Budgy Miller, 49, of Du Quoin.
Carr said the incident happened on July 3. The prosecutor alleges that Kern acted recklessly and unintentionally caused Miller's death. The incident allegedly happened on a sidewalk at the entrance to a Carbondale retail establishment. Kern allegedly shoved Miller so hard that it caused him to be propelled backward and to hit his head on a concrete sidewalk, which caused his death. Kern is also accused of knowingly causing Miller great bodily harm while he was standing in front of the entrance to a public place of accommodation. The Carbondale business was not named in the release.
Class 3 felonies carry a potential prison sentence of two to five years, and the charges are eligible for probation. Kern made his first appearance in court Wednesday. A preliminary hearing is set for Sept. 8 in Jackson County Court.
Carbondale Police Department investigated the case.
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