Scott Eby: From petty thief to child rapist and murderer
BY BRIAN STANLEY
Nov 13, 2010
SUMNER — The FBI agents walked in and told the prisoner exactly why he’d been let out of his cell that morning.
“We’re here to talk about Riley Fox,” they said.
Scott Eby “almost immediately” said he wanted to see a lawyer and repeated that statement as they tried to further the conversation.
Disappointed, but legally bound by the exercise of his constitutional rights, the agents walked out of the interview room and into a corridor of the Lawrence Correctional Center.
A minute passed. Eby looked down at the microphone on the table in front of him.
“OK. I’ll talk,” he said.
Other investigators made a mad scramble to get the FBI agents back in the room.
Eby’s run-ins with the law
Scott Wayne Eby was born July 21, 1971. His criminal career began three days before Christmas 1988 when he walked into an Old Second Bank branch in North Aurora.
Eby, who was living in an apartment on Old Indian Trail in Aurora, attempted to cash a check made out to him that day for $125. The teller noticed the signature on the check did not match the bank’s signature card and Eby was detained until police arrived.
“This (will be) the defendant’s first trip to the Department of Corrections and his first problems with the law,” an assistant Kane County state’s attorney wrote.
In exchange for pleading guilty on March 2, 1989, an unrelated attempted residential burglary charge was dismissed.
Eby was sentenced to two years in prison.
Upon release, Eby continued his burglary career. He was caught breaking into a residence in September 1993 in Cook County while awaiting trial from another burglary arrest the previous year.
Sentenced to respective four- and three-year terms, he was still released early.
On March 28, 1997, a woman drove her 1986 Saab 9000 to a Citgo on Main Street in Lisle and went inside to pay for gas.
Eby opened the driver’s door and stole a backpack that was on the front seat. He ran behind some buildings, but was recognized by a witness.
Court records show Eby had been staying on Tallman Avenue in Romeoville and in Ronks, Pa., a small farming community with a prominent Amish population, around this time.
Wherever he was living, Eby skipped a court date that August and ducked an arrest warrant for nearly three years.
He was caught in Florida, where sources said he spent time in a mental institution and underwent the brain surgery that has left a large scar on his forehead. Eby was extradited back in August 2000 and pleaded guilty in exchange for seven years in prison.
While Eby was finishing his stretch in the Danville Correctional Center he bought a new pair of shoes. He wrote his last name on the tongues in permanent marker because he was worried his property would be stolen by thieves.
“Eby has an extensive criminal history. This defendant does not deserve any consideration for early release,” an assistant DuPage County state’s attorney told the court.
But Eby was paroled in 2003 and living with relatives on East Street in Wilmington on June 6, 2004.
Drug-fueled crime spree
Eby had been drinking a lot of alcohol and using cocaine when he drove to Outer Drive in the early morning hours. He cut the screen door of an elderly woman’s house and took $40 from her purse on the kitchen table.
A few houses away, he saw the back door was open and walked into the laundry room.
During his interview with FBI, Eby said he looked in to see Kevin Fox passed out in a bedroom and was about to walk out the front door when he saw 3-year-old Riley and her 7-year-old brother, Tyler, sleeping on couches in the living room.
Eby told agents he had never had sexual contact with children before, but he felt “compelled to take her.”
The petty burglar walked back to his car, backed into the driveway, opened the trunk and put a bandana over his face so the girl wouldn’t be able to describe him.
Covering her mouth with his hand, Eby put the 3-year-old in his trunk and drove 2 miles to Forsythe Woods. “He carried her down the hill and into the wooded area over the wooden bridge where he duct taped her wrists and mouth,” court reports said. His DNA would later be found on that duct tape.
Eby took Riley to the men’s room where he laid her on the floor. The weather was “stifling hot” and he began to sweat from stress and exertion.
Eby reportedly told the FBI he was attempting to arouse himself in order to rape the girl when his bandana fell off his face and he “freaked out.”
“He looked down and stated that Riley Fox was staring at his face. Eby said he panicked because he believed he would probably be going to prison for the rest of his life,” his plea agreement said.
Eby picked up his victim and climbed down a muddy hill to Forked Creek where he held her under the water by her shoulders until she stopped struggling.
“She floated to the surface, face down, and the current carried her down the creek,” the plea agreement said.
The killer worried his muddy shoes would leave footprints, so he threw them in the creek. He took off his clothes as well, but put them back in his car. Eby took a bottle of motor oil and poured it in the men’s room to ruin any physical evidence.
As Eby left the forest preserve he thought he was seen by a woman looking out from a nearby house, but he figured the only thing he could do about it was drive home and hope he’d gotten away with murder. He wasn’t optimistic. He remembered his name was written in the shoes he’d thrown in the creek — “a mistake,” he reportedly told the FBI.
Eby returned home and started drinking again. He was passed out as Tyler Fox woke up to see his sister was gone and went to tell his father.
Police question Eby only once
Wilmington police went door to door searching for the missing girl. Eby threw up when they asked if he knew anything, but the heavy odor of alcohol coming from him bolstered his claim that he wasn’t feeling well. He stayed in his room for the rest of the day while Riley’s body was found and Will County Sheriff’s police began a murder investigation that pointed to her father as the culprit.
Eby was not questioned again.
An evidence technician recovered Eby’s shoes and stored them away with other junk collected from the creek.
Eby was discharged from parole for his third burglary conviction three months after Riley’s murder.
Riley’s father wrongfully arrested
Eby told the FBI he “felt bad” when Kevin Fox was arrested, but he later learned “he got money out of it (and was) glad for that.”
Fox was interrogated by detectives throughout the night of Oct. 26, 2004, and gave a videotaped confession the next morning, saying he had accidentally struck his daughter with the bathroom doorknob and tried to make it look like a sexual assault and kidnapping when he thought she was dead.
Prosecutors announced they would seek the death penalty against Fox, who immediately filed a civil suit against sheriff’s detectives for coercing a confession from him.
Will County State’s Attorney James Glasgow allowed his attorneys to arrange for DNA testing of the duct tape that had been used to bind his daughter.
When those results excluded Kevin Fox in June 2005, he was released after spending eight months in the county jail.
Glasgow had an investigator assigned to his office review the case, but the civil lawsuit essentially froze the investigation.
“With (Fox’s) confession, the small window of opportunity and lack of similar crimes in the area, there was a lot of speculation how the DNA could’ve somehow been incorrect,” a source said.
The lawsuit was heard during a two-month trial at the end of 2007. After appeals and settlements were processed, Kevin Fox and his wife, Melissa, were awarded approximately $11 million.
Sexual assault of relative
In the months after Riley Fox’s murder, Scott Eby’s behavior had become increasingly erratic and his alcohol and drug abuse continued.
It appears he expected to be caught soon after authorities released Kevin Fox.
Eby came home drunk on the morning of July 31, 2005. He confronted his brother-in-law about “being a man” before passing out on the couch. A few hours later, he went into the room of an adult female relative and forced her to have sex with him for about 30 minutes.
“He covered my mouth and started having intercourse with me,” the victim told a nurse at Provena Saint Joseph Medical Center. He told her “this is the last piece of (expletive) I’ll get before I go to the penitentiary.”
The victim said she was getting sick and had to go to the bathroom, but fled out the front door and ran toward the police station, stopping at a nearby funeral home to call 911.
Wilmington police arrested Eby later that day.
During a bench trial in December 2005, Eby was found guilty on two counts of sexual assault. Unrelated DUI and traffic charges were dropped when he was convicted.
Eby’s victim asked for the judge to give him probation.
“I believe the six months that he has been in jail is enough time,” she wrote. “He was suppose (sic) to be seeking mental help but was not … also taking medication.”
“I believe he deserves a second chance in life. Also he will lead a more productive life on the outside,” she wrote.
Eby was sentenced to 14 years in prison. Initially sent to the Dixon Correctional Center then back to Danville, Eby ended up at Lawrence Correctional Center in Sumner, 218 miles south of Wilmington.
FBI tracks down Eby
After the Fox’s civil lawsuit was heard, Glasgow “spearheaded discussions with the FBI regarding its assistance in the investigation … in early 2008,” the state’s attorney’s office said in a statement.
In June 2009, five years after Riley Fox was murdered, FBI agents canvassed Wilmington again and were tipped to look at Eby as a suspect.
“He believed his mother and a former girlfriend had suspicions he’d been involved,” an investigator said.
The agents went to interview Eby in prison in May. Besides confessing, the convicted felon provided more DNA samples to match with the duct tape from the girl’s body.
With good behavior, Eby will finish his serving time for the rape of his relative in June 2017.
That’s when he’ll immediately start serving six life sentences for raping and murdering Riley Fox.
http://plainfieldsun.suntimes.com/news/2352450-418/eby-fox-riley-county-fbi.html