Illinois Appellate Court
Criminal Court
Evidence
Defendant was convicted of unlawful restraint and domestic battery, after bench trial. Court properly found that State proved, beyond a reasonable doubt, that Defendant knowingly detained the victim. Defendant grabbed victim by her throat, causing her to become pale and gasp for air. Victim and her friend were unable to free victim from Defendant's grasp. Defendant testified that he knew that if he continued choking victim that she would die, and that he did not know why he let her go when the couple's five-year old son, who was observing the incident, said something. Restraint need only be performed knowingly; that Defendant may have had another purpose in entering victim's home (to retrieve couple's children because he was angry that victim had begun dating someone) is irrelevant to whether Defendant was proved guilty beyond a reasonable doubt. (O'MALLEY and HUDSON, concurring.)