People v. Olivieri

Illinois Appellate Court
Criminal Court
Evidence; Proof Beyond a Reasonable Doubt
Citation
Case Number: 
152137
Decision Date: 
Tuesday, August 2, 2016
District: 
1st Dist.
Division/County: 
Cook County
Holding: 
Reversed.
Justice: 
Hyman

Defendant was found guilty of reckless discharge of a firearm after a twitch caused him to fire off a round through his apartment wall and into his neighbors kitchen while he was attempting to unload the gun. This evidence is insufficient to prove recklessness beyond a reasonable doubt. Accidents such as these may not be equated with recklessness. (PIERCE and NEVILLE, concurring.)