Defendant was convicted, after jury trial, of 1st degree murder and unlawful vehicle invasion. Defendant and another person pulled victim, who was drunk, out of his car, and shot and killed victim. Court properly allowed substantive admissions of witnesses' prior inconsistent statements, as statements, with ASA's description of how statements were memorialized, establish witness' personal knowledge of events. Defense counsel cross-examined witnesses and elicited facts helpful to the defense. Court did not abuse its discretion in denying a 2nd-degree murder instruction, as Defendant testified at trial and denied engaging in any fight with the decedent or having any passion toward him on the night of the murder. Thus, Defendant failed to meet his burden to prove evidence of a serious provocation by the decedent. Conviction and sentence of vehicular invasion vacated. By charging that intent of vehicular invasion was to commit murder, the charging document reflected an affirmative intent not to apportion the accused’s conduct into separate crimes.(HALL and LAMPKIN, concurring.)
Illinois Appellate Court
Criminal Court
Murder