Defendant was convicted, after jury trial, of 1st degree murder but acquitted of aggravated discharge of a firearm, and sentenced to 30 years. State proved by a preponderance of evidence that conspiracy did not end with victim'[s death but was still ongoing when 3 other gang members made statements implicating Defendant as the shooter immediately after the shooting and in the following days. Evidence showed that Defendant, upon learning that he had shot a chief of the Latin Kings Gang, smiled, laughed, and flashed his gang sign. Court was not unreasonable in finding statement were made in furtherance of the ongoing conspiracy. Court did not abuse its discretion in allowing State to introduce statements as nonhearsay coconspirator statements. (McBRIDE, concurring; GORDON, dissenting.)
Illinois Appellate Court
Criminal Court
Murder