Scott Eby

Case record: Scott Eby

People

• Scott Eby — defendant
• Riley Fox — victim; three-year-old girl
• Kevin Fox — Riley’s father
• Tyler — Riley’s older brother; seven-year-old at the time described
• Melissa Fox — Riley’s mother
• Sharon Eby — Eby’s mother
• Chad Fox — Kevin Fox’s brother
• Kathleen Zellner — attorney for Kevin and Melissa Fox; represented Riley Fox case and later involved in Eby’s case
• Jeremy Resar — FBI agent; testified before a grand jury in June
• Will County State’s Attorney James Glasgow — announced guilty plea and sentence
• Circuit Judge Richard Schoenstedt — accepted the plea and imposed sentence
• Robert D. Grant — Special Agent-in-Charge of the Chicago office of the FBI
• Darin Plotts — Police Chief
• Todd Lyons — Wilmington investigator mentioned in Kevin Fox case narrative

Victim

Riley Fox was described as a three-year-old girl.

Timeline

• June 6, 2004 — Riley Fox was reported missing; later that same day she was found dead in Forsythe Woods County Forest Preserve.
• May 18, 2010 — FBI agents interviewed Scott Wayne Eby in prison; he denied involvement.
• June (year not specified) — FBI agent Jeremy Resar testified before a grand jury.
• May 2010 — FBI agents asked Eby for a DNA sample; Eby later made plans he described as “the coward’s way out.”
• November 10, 2010 — Eby pleaded guilty and was sentenced to life in prison without parole.

Background

Riley Fox was an American three-year-old girl who was reported missing in Wilmington, Illinois. Later that same day, the girl was found dead in Forsythe Woods County Forest Preserve, a public park a few miles from the family’s residence. The girl was found face down in a creek in the park.

Scott Eby lived only about a mile from the Foxes’ home at the time of Riley’s abduction and murder. Eby was described as being on parole at the time and living about a mile from the Foxes’ home.

The offence

Riley Fox was reported to have been bound and gagged. She was described as having been sexually assaulted and then drowned. Her body was described as being found in a creek in Forsythe Woods County Forest Preserve, and she was found with her mouth covered with duct tape.

Eby later confessed to killing Riley after first breaking into another home on the same block as the Foxes’. He described cutting through the back screen door of a home and pushing the door in. He said he found Riley lying on the couch and decided to kidnap her when he saw that her father was asleep.

Eby said he put Riley into his car and drove her to the park. He said he assaulted her on the floor of a restroom in the park and then killed her by drowning her in a nearby creek within the park.

Eby’s own confession described that he drove to Forsythe Woods and that he held Riley underwater by her shoulders until she was dead.

Investigation

Investigators later linked Riley to Eby through DNA evidence. Eby was charged on counts of first-degree murder and predatory sexual assault after DNA evidence linked him to Riley.

The case narrative also described prior investigative focus on Kevin Fox, including a wrongful arrest and dismissal later due to DNA evidence and a confession ruled out based on coercion. During the investigation described in relation to Eby, a pair of mud-covered shoes was collected from Forsythe Woods County Forest Preserve, with the name Eby written on the inside. The shoes were described as being collected by police, and it was stated that investigators did not follow up on this evidence.

The same investigation narrative described that a burglary occurred at another house on the same block as the Foxes around the same night as Riley’s abduction.

Arrest and charging

Scott Eby was later charged on five counts of first-degree murder and one count of predatory sexual assault after DNA evidence linked him to Riley.

When police caught up with Eby to charge him, he was serving two consecutive seven-year sentences.

Eby was described as being in prison at the time FBI agents followed up on the case, including interviews and DNA sampling.

Trial and plea

Eby later pleaded guilty to Riley’s murder.

At the guilty plea proceeding, it was stated that the prosecutor presented the plea and sentence after prosecutors reviewed evidence and examined the application of the death penalty in Illinois. Eby’s plea agreement was described as being supported by Riley’s parents.

In one described proceeding, the hearing included statements by Riley’s parents and other family members, and Eby answered “Yes sir” when asked if he was in full agreement with the plea deal. Eby’s hands and feet were shackled and he wore a bright yellow prison jumpsuit.

Eby read from a sheet of paper, saying he was sorry and would give his own life to undo what he had done. Kevin Fox walked out of the courtroom; after that, Eby continued his statement. An unidentified man sitting behind the family yelled, "Rot in hell!".

Sentencing

On November 10, 2010, Eby received a life sentence without the possibility of parole for murdering Riley Fox.

The Will County State’s Attorney announcement stated that Circuit Judge Richard Schoenstedt accepted the plea and sentence. It stated that Eby pleaded guilty to:

• five counts of first-degree murder
• one count of predatory criminal sexual assault of a child

The sentencing was also described as closing the book on the case involving random abduction of the little girl from her Wilmington house and her subsequent sexual assault and murder.

Appeals

No appeal outcome was stated for Eby in the provided material.

Outcome

Eby pleaded guilty and was sentenced to life in prison without parole.

Aftermath

The sentencing announcement stated that the life sentence was supported by Riley’s parents and eliminated avenues for appeal in relation to the guilty plea and sentence.

The case narrative also stated that Riley’s family confronted Eby, and that Eby had written a confession letter, including statements about being responsible and describing prior actions leading to Riley’s murder.

The material also described suicide attempts by Eby while in custody, including an attempt to hang himself in his cell at Lawrence Correctional Center in Sumner after writing a 10-page letter confessing to the murder of Riley Fox.

In addition to the criminal case history, the provided material recounted that Kevin Fox and Melissa Fox sued and won a civil rights judgment that was later reduced.

Eby’s prior criminal history in the narrative included:

• being in prison after being sentenced in 2005 for a seven-year term for the rape of a family member
• previous convictions and sentences for burglary and forgery described as taking place in Kane County, Cook County, and DuPage County

Riley Fox was described as being remembered in a garden honoring her memory and in her grave in Wilmington’s Oakwood Cemetery.