Defendant was convicted, after bench trial, of 1st-degree murder in shooting death of one person and of attempted 1st-degree murder in shooting of one other person. Victim Defendant shot had been driving his Maserati, with other shooting victim, his girlfriend, in front passenger seat, when they collided with Defendant's car. Court properly found that Defendant did not act in self-defense, and concluded that after fighting between Defendant and driver ceased, Defendant no longer faced imminent harm when he shot driver. A rational trier of fact could have concluded that Defendant did not act based on a serious provocation resulting from a substantial physical injury or substantial physical assault, and that Defendant's actions were deliberate, and that he was not acting under a sudden and intense passion.(SIMON and MIKVA, concurring.)
Illinois Appellate Court
Criminal Court
Self-Defense