People v. Freneey

Illinois Appellate Court
Criminal Court
Battery
Citation
Case Number: 
2016 IL App (1st) 140328
Decision Date: 
Tuesday, May 24, 2016
District: 
1st Dist.
Division/County: 
Cook Co., 2d Div.
Holding: 
Affirmed.
Justice: 
HYMAN

Defendant was involved in a scuffle with a courtroom deputy at Daley Center, after a probate proceeding in which Defendant was a litigant.  After bench trial, Defendant was convicted of attempting to disarm a peace officer and aggravated battery of a peace officer, and sentenced to 3 years. Evidence at trial supported both convictions. At trial, deputy testified that he felt defendant pulling at gun holstered on his right hip, and court clerk also testified that she saw him touching gun and trying to remove it from holster. Defendant admitted that he deliberately touched holster during struggle. Officer's facial injuries, shown in photos, were serious enough to indicate that Defendant knowingly battered him. (PIERCE and SIMON, concurring.)