New Charges Issued in 2004 Riley Fox Murder

Father already served 9 months for murder

By Charlie Wojciechowski
|  Thursday, May 27, 2010  |  Updated 6:44 PM CDT
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Nearly six years after her body was discovered in a creek in suburban Wilmington, the Will County State’s Attorney now believes it has the right suspect in the murder of 3-year-old Riley Fox.

38-year-old Scott Wayne Eby is charged with five counts of first degree murder in connection with the 2004 killing. Eby, who is currently serving a 14-year sentence for an unrelated sexual assault is alleged to have killed Riley Fox by drowning her.

Will County State’s Attorney James Glasgow and Robert D. Grant, Special Agent in Charge of the Chicago Office of the FBI, announced charges in the 2004 murder announced the charges at an afternoon press conference.

"The system works," said Glasgow. "When everbody does their job, innocent people will not be convicted."

Gladgow said he wouldn't apologize for the cases' delay.

"I don't feel like I need to apologize, I was the one who dismissed the case," said Glasgow. "That wasn't a very popular decision with law enforcement, I've felt the stings and arrows ever since."

The case was cracked with the help of the FBI, which formally joined the restarted investigation in 2009. A tip led federal investigators to suspect Eby, according to the Chicago Tribune.

After the murder her father, Kevin Fox, was considered the top suspect. He was arrested four months after her body was discovered. He served 8 months in prison for her murder before DNA evidence exonerated him.

Fox and his wife, Melissa, were awarded $15.5 million for false arrest and malicious prosecution in December 2007.

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