People v. Phillips

(Court opinion corrected 5/31/12.) Defendant was convicted, after bench trial, of aggravated battery with a firearm and aggravated discharge of a firearm under accountability theory; co-Defendant was found directly guilty. Two vehicles were in near-collision and stopped within inches of each other, and blocked intersection. Co-Defendant, a passenger in Defendant's vehicle, fired at other vehicle. No evidence that Defendant deliberately maneuvered vehicle to trap other vehicle, or that Defendant knew that co-Defendant was armed. Thus, insufficient evidence for conviction under accountability theory. (CUNNINGHAM, concurring; QUINN, dissenting.)