Illinois Appellate Court
Criminal Court
Jury Instructions
Defendant was convicted, after 2014 jury trial, of attempted murder and aggravated battery with a firearm and sentenced as a Class X offender to 36 years. Defendant shot his then-girlfriend, after her car hit his ex-girlfriend's car, in which Defendant's 7-year-old daughter was a passenger. Court did not abuse its discretion when it declined to instruct jury on defense of others, as Defendant did not show that harm to his daughter was imminent. Absent evidence that Defendant was acting in defense of others, he is not entitled to instruction premised on finding that his belief in need to defend others was unreasonable. Remanded for factual determination on issue of provocation as to attempted murder charge. (HYMAN and PIERCE, concurring.)