There is no doubt about it, this year Chicago is experiencing a serious spike in shootings and murders. In fact, ABC7 reports that there were 65 fatal shootings in July alone. What is to blame for this spike in violence? While there are undoubtedly many contributing factors, the head of the Chicago Police Union claims that police paperwork is in large part to blame. In an interview with DNAinfo the union leader explained that the problem does not exclusively stem from paperwork issues, but that the implementation of two-page Investigative Stop Reports has led to fewer police stops and, therefore, more violent crimes being perpetrated on the streets.
A series of events led to the death of a Chicago man, Marques Gaines, that is now being called a homicide by the coroner’s office. Gaines and an unidentified man started arguing outside a 7-Eleven Store. The argument escalated, ending up with the unidentified man assaulting Gaines in front of the store and leaving him unconscious in the street.
Several bystanders rifled through Gaines’ pockets and robbed him while he lay unconscious. Other bystanders walked casually over and around the unconscious man but no one attempted to help him. Eventually, a taxi cab driver ran over Gaines. Gaines was taken to the hospital and later pronounced dead.
The question is who is responsible for Gaines’ “murder.” Was it the unidentified man who punched Gaines and left him unconscious in the street? Was it the bystanders who robbed him while he lay unconscious in the street and failed to assist him; or was it the cab driver, who may not have known that Gaines was lying unconscious in the street, but who ended up running over him? Who is ultimately responsible for Gaines’ death, and who will be charged with his murder?
High profile cases usually get a lot of attention in the media. Sometimes, media attention can advance the cause of justice, and sometimes it can inhibit it. When a case is tried in the court of public opinion, facts are sometimes ignored and emotions become the measuring rod for “guilt or innocence.”
There have been a few high profile cases that have garnered such media attention, both past and present. But in this century there is one particular case that has received the most attention.
One infamous high profile case comes to mind, The State vs. O.J. Simpson. Twenty-five years ago, Nicole Simpson and Ron Goldman were brutally murdered at Nicole Simpson’s home in Brentwood, California. Attention focused on one particular suspect, Nicole’s famous ex-husband, O.J. Simpson. Simpson was arrested and charged with the murders, and the case gained immediate media attention due to Simpson’s celebrity status.
First-degree murder carries the highest sentence of any single crime in all of Illinois and is subject to the mandatory minimum statute. This means that those convicted are almost guaranteed at least a 20-year prison term, and if a gun is used the mandatory minimum jumps to 45 years. Felony murder is a one type of first-degree murder.
If someone dies during the commission of a forcible felony, those committing the felony can be charged with first-degree murder. You can be charged with felony murder even if the person died accidentally or was killed by someone else, as long as a forcible felony was being committed at the time. Illinois prosecutors have even successfully brought felony murder charges in situations where a co-felon was killed by the police. A forcible felony is defined as sexual assault, robbery, burglary, arson, kidnapping, aggravated battery, and any other felony that involve the use of or threat of physical force or violence.
Self-Defense Claims are Unavailable
A Chicago man is being held on $2 million bond and is being charged with reckless homicide of an unborn child, among other charges. Bail was set at $2 million Saturday for a man accused of causing a Northwest Side crash that seriously injured a pregnant woman and killed her unborn child. On Wednesday, August 12, the Chicago man allegedly crashed into a parked Mazda Protégé in which the pregnant woman was sitting.
Fetal Homicide Laws in Illinois
Maybe you were not aware that you can be charged with murder if a pregnant woman’s fetus dies as a result of your action. Illinois statute defines and penalizes for intentional homicide of an unborn child, voluntary manslaughter of an unborn child, involuntary manslaughter and reckless homicide of an unborn child, respectively. These statutes define an “unborn child” as any human individual from fertilization until birth.