Defendant was convicted of first-degree murder (felony murder) for shooting death of his cousin, who entered pizza restaurant while Defendant and 2 others, all with their faces covered, attempted to commit armed robbery of restaurant. Off-duty police officer, who was not in uniform, did not identify himself as officer, and was in restaurant waiting for pizza, fired several shots. Court within its discretion in instructing jury that an officer could, as a matter of law, react with deadly force to prevent death or great bodily harm to himself or others. Defendant put at issue reasonableness of officer's actions, as he was trying to show that actions were so outrageous they were not reasonably foreseeable. (HUTCHINSON and HUDSON, concurring.)
Illinois Appellate Court
Criminal Court
Jury Instructions