In re Nasie M.

Illinois Appellate Court
Civil Court
Possession of Weapons
Citation
Case Number: 
2015 IL App (1st) 151678
Decision Date: 
Tuesday, December 1, 2015
District: 
1st Dist.
Division/County: 
Cook Co., 2d Div.
Holding: 
Reversed.
Justice: 
HYMAN

State charged minor, then age 17, with reckless discharge of a firearm, 2 counts of aggravated unlawful use of a weapon, and unlawful possession of a firearm. Minor sustained gunshot wounds to his foot and was taken to a hospital. Police officer testified that minor told him he was holding a gun and shot himself while running away from 2 men he thought were going to rob him.  Minor denies that he shot himself, and says that 1 or both men shot him. State failed to prove beyond a reasonable doubt that minor possessed a firearm, and thus could not prove he committed the 3 offenses charged. State offered no eyewitnesses to shooting or any evidence that minor was in possession of gun when he injured his foot.(NEVILLE and SIMON, concurring.)