Defendant was convicted, after jury trial, of armed violence predicated on mob action, but was acquitted of felony murder. Defendant and an unidentified man shot at each other on the street, resulting in the death of an innocent bystander. It was undisputed that the unidentified man fired the shot that killed the bystander. State failed to prove predicate charge of mob action beyond a reasonable doubt. The "acting together" element in subsection 25-1(a)(1) of the mob-action statute is intended to apply only to certain types of joint or concerted action: action pursuant to an agreement or a common criminal purpose. Persons shooting at each other act at cross purposes, not with common purpose or intent required for concerted action. No evidence that Defendant ever agreed to be shot at. (BURKE and McBRIDE, concurring.)
Illinois Appellate Court
Criminal Court
Felony Murder