People v. Kirchner

Illinois Appellate Court
Criminal Court
Evidence
Citation
Case Number: 
2012 IL App (2d) 110255
Decision Date: 
Tuesday, July 17, 2012
District: 
2d Dist.
Division/County: 
Winnebago Co.
Holding: 
Affirmed.
Justice: 
JORGENSEN
Defendant was convicted, after bench trial, of attempting to disarm a peace officer. Evidence showed that Defendant intentionally placed his hand on officer's weapon during domestic disturbance call; contact was not merely incidental, as officer could feel his handgun being tugged, and officer pinned down Defendant's hand on top of gun with his elbow. Court reasonably found that Defendant intended to disarm officer and took a substantial step toward disarming him, thus meeting definition of attempt. (HUTCHINSON and SCHOSTOK, concurring.)