Defendant, a state trooper, was convicted, after jury trial, of 1st degree murder of his girlfriend at a child's graduation party, and was sentenced to 50 years. Neither Defendant's testimony nor his actions support conclusion that Defendant's conduct in shooting his girlfriend, who was seated and unarmed, 3 times was mere reckless conduct. No abuse of discretion in court's denial of Defendant's request to instruct jury on lesser-included offense of involuntary manslaughter. Autopsy photos were admitted into evidence during medical examiner's testimony as to nature and extent of injuries and cause of death, and testified with certainty that bullets were recovered from points lower than the entrances, supporting State's theory that Defendant acted with intent in discharging his firearm in a downward direction, in rebutting defense theory that Defendant recklessly discharged firearm in victim's general direction and did not intentional shoot to kill her. Court did not abuse discretion by barring expert's testimony as to his voluntary alcohol consumption, as voluntary intoxication is not an affirmative defense. (FITZGERALD SMITH and LAVIN, concurring.)
Illinois Appellate Court
Criminal Court
Jury Instructions