Defendant was convicted, after jury trial, of possession of a firearm by a felon; aggravated assault, in that he knowingly shined a laser gun sight that was attached to a firearm, so that the leaser beam struck the immediate vicinity of deputy sheriff; and aggravated assault, in that he pointed a firearm at deputy, knowing deputy was a peace officer, placing him in reasonable apprehension of battery. Officer searched area where he had seen Defendant holding a rifle, and a green light bouncing off building and hitting squad car, and officer found a .22-caliber pneumatic rifle that was not loaded. Court erred in admitting detective's expert testimony as to ballistics, as his testimony was solely based on his experience and not on any generally-accepted methodology. No double jeopardy ban to retrial.(O'BRIEN and WRIGHT, concurring.)
Illinois Appellate Court
Criminal Court
Expert Witnesses