People v. N.B. (In re N.B.)
| Decision Date | 23 January 2018 |
| Docket Number | NO. 4-17-0615,NO. 4-17-0617,NO. 4-17-0636 cons.,NO. 4-17-0616,4-17-0615,4-17-0616,4-17-0617,4-17-0636 cons. |
| Citation | 2018 IL App (4th) 170615 -U |
| Parties | In re N.B., a Minor (The People of the State of Illinois, Petitioner-Appellee, v. N.B., Respondent-Appellant). |
| Court | United States Appellate Court of Illinois |
NOTICE
This order was filed under Supreme Court Rule 23 and may not be cited as precedent by any party except in the limited circumstances allowed under Rule 23(e)(1).
Appeal from Circuit Court of McLean County
¶ 1 Held: The appellate court affirmed the judgment of the trial court in this juvenile delinquency case, finding (1) defense counsel was not ineffective, (2) the State's evidence proved respondent committed the offense of reckless discharge of a firearm, (3) the penalty for unlawful possession of a firearm did not violate the Illinois Constitution, and (4) the trial court did not err in committing respondent to the Department of Juvenile Justice.
¶ 2 In April and May 2017, the State filed petitions for adjudication of wardship in case No. 17-JD-77 with respect to respondent N.B., born in 2001, alleging he was a delinquent minor. In July 2017, the trial court adjudicated him delinquent for possession of a firearm, reckless discharge of a firearm, and felony escape and committed him to the Department of Juvenile Justice (DOJJ). The court also revoked respondent's probation in three other cases and committed him to the DOJJ.
¶ 3 On appeal, respondent argues (1) defense counsel was ineffective, (2) the State failed to prove beyond a reasonable doubt that he committed the offense of reckless discharge of a firearm, (3) the penalty for unlawful possession of a firearm violates the Illinois Constitution, and (4) the trial court erred in committing him to the DOJJ. We affirm.
¶ 5 In case No. 15-JD-44, the trial court adjudicated respondent delinquent in February 2015 based on his commission of the offense of unlawful possession of a stolen vehicle (625 ILCS 5/4-103.2(a)(7)(A) (West 2014)). In May 2015, the court placed respondent on probation. The State filed its seventh supplemental petition to revoke respondent's probation in April 2017.
¶ 6 In case No. 15-JD-27, the trial court adjudicated respondent delinquent in February 2015 based on his commission of the offenses of burglary (720 ILCS 5/19-1(a) (West 2014)) and criminal trespass to a vehicle (720 ILCS 5/21-2(a) (West 2014)). In May 2015, the court placed respondent on probation. The State filed its seventh supplemental petition to revoke respondent's probation in April 2017.
¶ 7 In case No. 16-JD-142, the trial court adjudicated respondent delinquent in August 2016 based on his commission of the offenses of attempt (aggravated battery of a peace officer) (720 ILCS 5/8-4, 12-3.05(d)(4)(i) (West 2016)), criminal damage to government supported property (720 ILCS 5/21-1.01(a)(1) (West 2016)), and criminal trespass to a building (720 ILCS 5/21-3(a)(1) (West 2016)). The court placed him on probation. In April 2017, the State filed its first supplemental petition to revoke respondent's probation.
¶ 8 In April 2017, the State filed a petition for adjudication of wardship in case No. 17-JD-77, alleging respondent was a delinquent minor pursuant to section 5-520 of the Juvenile Court Act of 1987 (Juvenile Court Act) (705 ILCS 405/5-520 (West 2016)). The petition alleged respondent committed the offenses of (1) use of a stolen firearm in the commission of an offense (720 ILCS 5/24-3.7(a) (West 2016)); (2) possession of a stolen firearm (720 ILCS 5/24-3.8(a) (West 2016)); (3) firearm/firearm owner's identification (FOID) invalid/not eligible (430 ILCS 65/2(a)(1) (West 2016)); (4) and (5) reckless discharge of a firearm (720 ILCS 5/24-1.5(a) (West 2016)); (6) unlawful possession of a handgun, under 18 years of age (720 ILCS 5/24-3.1(a)(1) (West 2016)); and (7) unlawful possession of a handgun, under 21 years of age and having been previously adjudicated delinquent for the offense of burglary (720 ILCS 5/24-3.1(a)(2) (West 2016)). In May 2017, the State filed a first supplemental petition for adjudication of wardship,alleging respondent was a delinquent minor because he committed the offense of felony escape (720 ILCS 5/31-6(c) (West 2016)). Respondent pleaded not guilty.
¶ 9 On June 26, 2017, the trial court conducted a bench trial, but respondent failed to appear. The State indicated respondent fled from custody on June 20, 2017. The court denied defense counsel's request for a continuance, noting respondent had been admonished regarding a trial in absentia.
¶ 10 Bloomington police officer Jared Johnson testified he was working as a member of the street crimes unit on April 7, 2017. At approximately 4:45 p.m., Johnson was driving an unmarked vehicle when his attention was drawn to a subject known from "numerous" police contacts sitting in the backseat of a silver Lincoln Navigator located in a parking lot across from the Red & Blue Food Mart. After Johnson placed his car behind the Navigator, the driver proceeded across the street and into the parking lot of the food mart. Johnson saw "numerous subjects" exit the vehicle, including an individual with the hood of a sweatshirt over his face. The individual also "appeared to be pressing something against the lower-right portion of their *** waistband area, which is a common indicator of carrying a gun or other contraband."
¶ 11 Johnson stated the individual "cut through the parking lot of Pop's Grocery Store" and walked toward the Boost Mobile store. The individual then entered an alley behind Rosie's Grill before Johnson lost sight of that person. A few seconds later, Johnson heard shots fired from the alley. Johnson eventually stopped respondent and handcuffed him. Respondent was not wearing a hooded sweatshirt at the time, but Johnson stated respondent's physical appearance matched that of the individual he saw at the food mart. Johnson stated his investigation revealed Ditrice King was the driver of the Navigator. On cross-examination, Johnson testified officers placed paper bags over respondent's hands to preserve any potential gunshot residue evidence.
¶ 12 Cassandra Stokes testified she was sitting on her porch when she heard five gunshots. From the side of her house, she heard an individual saying, " " A "young man" then ran around to the front and came up her stairs. Stokes told the man to get away, but he said, " 'Ma'am, ma'am, I don't have a gun.' " The man raised up his shirt to indicate he was not carrying a gun. Stokes told him to "get away from here." The man ran away but was apprehended by police.
¶ 13 Kaylee Contreras testified she was watching TV when she heard four or five "bangs or fireworks." She looked out her window and saw "a guy with a hoodie covering his face" who was "putting something behind a tree." The man then ran off. Contreras later saw a gun hidden near the tree.
¶ 14 Heidy Contreras, Kaylee's sister, heard "five gunshots," which she thought were fireworks, outside of her window. After Kaylee told her someone was in their backyard, Heidy saw an individual with a black hooded sweatshirt running away.
¶ 15 Marc Olsen testified he was sitting in his house when he heard four or five gunshots. Olsen walked outside and saw an individual wearing a blue- or red-hooded sweatshirt over his head come out from between two houses.
¶ 16 Bloomington police officer Pedro Diaz testified he found three spent cartridges in the alley. Bloomington police officer Brock Merritt testified a witness led him to her backyard, where he found a gun between a fence and a tree. Jason List, a forensic scientist with the Illinois State Police, testified as an expert in firearms identification. He examined three .40-caliber cartridge cases and opined they were fired from the recovered firearm.
¶ 17 Bloomington police detective Matthew Dick testified he advised respondent at the police station interview room that he was facing charges of reckless discharge of a firearmand unlawful possession of a firearm. Dick and another officer took respondent to have his fingerprints taken. Respondent then stated he needed to use the restroom, and Dick escorted him to a restroom near the parking bay. As they stepped into the parking bay, respondent "took off running for the open gate." He was apprehended approximately 30 minutes later. Dick's investigation revealed the recovered firearm had been stolen.
¶ 18 Ditrice King testified she was 17 years old. On April 7, 2017, she, along with her friend Yetana, picked up her friend Sophia, who asked that King also pick up "Exodus," "Steve," "D-Baby," and N.B. and give them a ride for gas money. King then picked up "Scotty" and stopped at Pop's Grocery, where Steve exited the vehicle and walked to the Red & Blue Food Mart. Steve returned, and King drove to the nearby MetroPCS parking lot. Five individuals, including "Stevie, Scott, [N.B.], Exodus and D-Baby," exited the vehicle. King observed Scotty drop a bullet and a gun and N.B. pick them up. Everyone reentered the vehicle, and King drove to the food mart's parking lot. Several individuals exited, leaving King, Yetana, "D-Baby, Exodus, and Sophia" in the vehicle. Steve and Scotty "got in another car," and N.B. walked toward the food mart. King left and dropped off Exodus, D-Baby, and Sophia.
¶ 19 On cross-examination, King testified she did not give a statement to officers on April 7, 2017. Instead, she gave a statement to an officer when she was pulled over on April 26, 2017. King stated she received a warning, which she agreed gave her a break because she faced thousands of dollars in fees for not having a valid license or insurance. King later met with Detective Dick in Peoria, and the interview was...
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