People v. Tompkins

This case presents question as to whether trial court abused its discretion in failing to give defendant’s tendered non-IPI instruction that told jury that if it found that officer intentionally did not capture recording of defendant’s encounter with police, then it could consider said fact when resolving charge of unlawful use or possession of weapon by felon. Appellate Court, in affirming defendant’s conviction, found that trial court did not abuse its discretion in failing to give said instruction, where said instruction contained inaccurate statement of law by omitting statutory language “unless the State provides a reasonable justification.” Appellate Court further found that any error in refusing to give said instruction was harmless, where evidence of defendant’s guilt was overwhelming, and where issue of officer’s failure to turn on body camera was addressed by defendant’s counsel during closing arguments.