Defendant was convicted, after bench trial, of aggravated unlawful use of a weapon (AUUW). Conviction was based on Defendant's brief possession of a handgun legally possessed by his father during an altercation started by other persons. Defendant's actions were reasonably necessary, as men continued to threaten him and his father, and he had a legitimate fear of injury to himself and further injury to his father, who was already immobilized with injuries. It was not unreasonable for Defendant to leave the scene with the weapon rather than leave it there,and he attempted to minimize or eliminate any harm resulting from his continued possession of the weapon. State failed to carry its burden as to negating defense of self-defense or defense of necessity.(PIERCE and GRIFFIN, concurring.)
Illinois Appellate Court
Criminal Court
Weapons