Defendant, who was charged with first-degree murder, concealment of a homicidal death, aggravated unlawful use of a weapon, and aggravated fleeing and eluding a police officer, appealed from an order of the trial court denying him pretrial release. Defendant argued that the trial court erred in detaining him because the State failed to prove by clear and convincing evidence that he was a danger to the community and that no combination of release conditions could mitigate the danger. The appellate court affirmed, finding that the trial court did not abuse its discretion in finding that the State had met its burden of proof where the evidence established that defendant had repeatedly made efforts to avoiding accepting responsibility for actions that he now claims were an act of self-defense. (STEIGMANN and LANNERD, concurring)
Illinois Appellate Court
Criminal Court
Pretrial Release