People v. Martino

Illinois Appellate Court
Criminal Court
Battery
Citation
Case Number: 
2012 IL App (1st) 101244
Decision Date: 
Thursday, June 7, 2012
District: 
2d Dist.
Division/County: 
Du Page Co.
Holding: 
Affirmed as modified in part, reversed in part, and vacated in part.
Justice: 
JORGENSEN
Defendant was convicted of aggravated domestic battery. Defendant and his wife were in argument, and was defiant and combative toward reporting officer, who then tased Defendant; he then fell on his wife, causing her arm to break. State failed to prove that Defendant's voluntary act caused his wife's broken arm. As tasing rendered Defendant incapable of controlling his muscles, his falling on his wife was an involuntary act for which he cannot be held accountable. (McLAREN and HUDSON, concurring.)