Opinion
3-24-0086
05-17-2024
THE PEOPLE OF THE STATE OF ILLINOIS, Plaintiff-Appellee, v. TIMOTHY JACKSON, Defendant-Appellant.
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 the Circuit Court of the 18th Judicial Circuit, Du Page County, Illinois. Circuit No. 20-CF-76 The Honorable Margaret M. O'Connell, Judge, Presiding.
HETTEL JUSTICE delivered the judgment of the court. Justices Holdridge and Peterson concurred in the judgment.
ORDER
HETTEL JUSTICE
¶ 1 Held: Trial court did not err in detaining defendant where, while on probation for felony escape, he was charged with 11 felonies in this case, failed to appear in court and was found in possession of a firearm, ammunition and drug paraphernalia.
¶ 2 While in pretrial custody, defendant filed a motion seeking release. The State filed a verified petition to deny pretrial release. Following a hearing, the circuit court denied defendant's motion and granted the State's petition. Defendant appeals, arguing that (1) the State's petition was untimely, (2) the State did not present any evidence, (3) the court "refused to consider GPS monitoring or similar conditions," and (4) there was a conflict of interest between counsel and defendant. We affirm.
¶ 3 BACKGROUND
¶ 4 While on probation for felony escape (18-CF-1077), Defendant Timothy Jackson, was indicted on February 13, 2020, in this case (20-CF-176) for two counts of unlawful possession of a weapon by a felon (720 ILCS 5/24-1.1(a) (West 2020)), aggravated unlawful use of a weapon (id. § 24-1.6(a)(1), (a)(3)(C), (d)(1)), three counts of armed violence (id. §§ 33A-2(a), 33A-3(a)), two counts of aggravated unlawful use of a weapon (id. § 24-1.6(a)(1), (a)(3)(A), (a)(3)(C), (d)(3), (d)(4)), theft (id. § 16-1(a)(4)(A), (b)(4)), unlawful possession of a controlled substance (720 ILCS 570/402(c) (West 2020)), and driving while license revoked (625 ILCS 5/6-303(a), (d-3) (West 2020)). Defendant posted bond, but his bond was increased when he was charged with additional offenses in Case No. 20-CF-1888, and defendant remained in custody.
¶ 5 On December 23, 2023, defendant filed a motion seeking pretrial release in four of his pending cases: 18-CF-1026, 20-CF-106, 20-CF-76, and 21-CF-1888. On January 9, 2024, the State filed a verified petition to deny pretrial release in this case and case No. 20-CF-1888, alleging defendant was charged with a forcible felony, and his release posed a real and present threat to the safety of any person, persons, or the community under section 110-6.1(a)(1.5) of the Code of Criminal Procedure of 1963 (725 ILCS 5/110-6.1(a)(1.5) (West 2022)). The State also alleged that defendant had a high likelihood of flight to avoid prosecution.
Defendant filed multiple similar motions before this but withdrew them before they could be ruled on.
¶ 6 A. Petition to Detain
¶ 7 Attached to the State's verified petition was a narrative setting forth the following factual basis. On October 19, 2019, the Wheaton Police Department received a 911 call reporting a physical domestic incident. Officers were dispatched to the address, which belonged to defendant's girlfriend, Shelby Richmond. There had been other domestic incidents at the apartment. The apartment was entered, and Richmond and her three children were found safe. Richmond was interviewed and indicated that she and defendant were arguing earlier in the evening. She also showed officers text messages that the defendant had sent her around 3 a.m., indicating that he was in the area and wanted to be let in. Richmond refused to let defendant in her apartment.
¶ 8 On January 8, 2020, Wheaton Police were looking for defendant and saw him driving a BMW sedan while his license was revoked for a DUI conviction. Officers caught up to defendant at a convenience store, arrested him, and prepared the BMW for towing. While taking an inventory of the car, a loaded pistol was found on the driver's side. In the center console, a credit card belonging to defendant was found. Under his bank card were blank white plastic cards known to officers to be used to encode other people's information and used in identity thefts. A search warrant was executed on the rest of the car, and in the trunk, officers found a stolen Chicago Police Department ballistic vest, a scale with a white powdery substance and other items of drug paraphernalia, a loaded magazine, and a box of ammunition. The items of drug paraphernalia tested positive for cocaine. Defendant's DNA was found on the firearm. Defendant's cellphone was forensically extracted, and on the phone were multiple photos of defendant with guns, one appearing to be the pistol taken from the BMW. Additionally, there were text messages from defendant trying to sell the ballistic vest and guns. Finally, there were multiple photos of what appeared to be crack cocaine and messages that appeared to be defendant engaging in the sale of cocaine. Defendant posted bond in this case.
¶ 9 While out on bond in this case, defendant was charged in case No. 21-CF-1888 with aggravated unlawful restraint (720 ILCS 5/10-3.1(a) (West 2020)), unlawful restraint (id. § 10- 3(a)), armed violence (id. §§ 33A-2(a), 33A-3(a)), six counts of unlawful use or possession of a weapon by a felon (UPWF) (id. § 24-1.1(a), (e)), and driving while license revoked (625 ILCS 5/6-303(a), (d-3) (West 2020)). Defendant failed to appear in court after the State charged him in that case. On December 17, 2021, defendant was picked up in Wheeling and taken into custody on all outstanding warrants. His bond in this case was increased, and he has been in custody ever since.
¶ 10 B. Pretrial Detention Hearing
¶ 11 Defendant's pretrial detention hearing was held on January 22, 2024. The court indicated that it read the factual basis as provided in the petition. The State highlighted defendant's criminal history, which included convictions for unlawful possession of a controlled substance (14-CF-882), unlawful possession of a weapon by a felon (15-CF-70), as well as felony escape (18-CF-1077) for which defendant was still on probation. The State argued that defendant's escape conviction "sheds light that the Defendant is a willful flight risk *** and will avoid apprehension at all cost[s]." Defense counsel argued that defendant had never been convicted of a violent offense.
¶ 12 The court granted the petition under both dangerousness and flight, finding that the State met its burden by clear and convincing evidence. In doing so, the court indicated that defendant posed a threat to Richmond and possessed a weapon, when "there's no legal way for him to have been able to do that." The court noted that defendant had a felony escape charge and there were no conditions available to mitigate the threat defendant posed.
¶ 13 ANALYSIS
¶ 14 On appeal, defendant argues (1) the State's petition was untimely, (2) the State did not present any evidence, (3) the court "refused to consider GPS monitoring or similar conditions," and (4) there was a conflict of interest between counsel and defendant. We consider whether factual findings are against the manifest weight of the evidence, but the ultimate decision to grant or deny the State's petition to detain is reviewed for an abuse of discretion. People v. Trottier, 2023 IL App (2d) 230317, ¶ 13. Under either standard, we consider whether the court's determination is arbitrary or unreasonable. Id.; see also People v. Horne, 2023 IL App (2d) 230382, ¶ 19.
¶ 15 Everyone charged with an offense is eligible for pretrial release, which may only be denied in certain situations. 725 ILCS 5/110-2(a), 110-6.1 (West 2022). The State must file a verified petition requesting the denial of pretrial release. Id. § 110-6.1. The State then has the burden of proving by clear and convincing evidence (1) the proof is evident or presumption great that defendant committed a detainable offense, (2) defendant poses a real and present threat to any person, persons, or the community or is a flight risk, and (3) no conditions could mitigate this threat or risk of flight. Id. § 110-6.1(a), (e). Sections 110-5(a) and 110-6.1(g) set forth factors for the court to consider when determining dangerousness and any conditions. Id. §§ 110-5(a), 110-6.1(g).
¶ 16 First, we have already considered the issue of the State's timeliness in People v. Kurzeja, 2023 IL App (3d) 230434, ¶¶ 14-15. In Kurzeja, we stated that defendants who were arrested prior to the implementation of bail reform
"can either 'elect to stay in detention until such time as the previously set monetary security may be paid' (People v. Rios, 2023 IL App (5th) 230724, ¶ 16), or file a motion to modify. If defendant chooses the latter option, the State may file a responding petition.' [O]nce a defendant elects "to have their pretrial conditions reviewed anew" (Rios, 2023 IL App (5th) 230724, ¶ 16), the matter returns to the proverbial square one, where the defendant may argue for the most lenient pretrial
release conditions, and the State may make competing arguments.' People v. Jones, 2023 IL App (4th) 230837, ¶ 23. 'This is analogous to when a change in the sentencing law occurs after a defendant has committed the offense-the defendant is given the opportunity to choose to be sentenced under that law that existed at the time of the offense or the newly enacted law.' Rios, 2023 IL App (5th) 230724, ¶ 17." Kurzeja, 2023 IL App (3d) 230434, ¶ 14.Thus, the State is permitted to file a responsive petition if the defendant files a motion to reopen the conditions of release. See id. ¶ 15. Here, defendant filed a motion seeking pretrial release, and the State properly filed a petition to detain in response to that motion.
¶ 17 Second, while defendant argues that the State presented no live witnesses or physical evidence, the statute specifically states that the State "may present evidence at the hearing by way of proffer," (id. § 110-6.1(f)(2)) and the rules of evidence do not apply to the hearing (id. § 110-6.1(f)(5)). Through the factual basis, petition, and hearing, the State provided evidence and argument regarding the factors in section 110-5(a), including the nature and circumstances of the offense and the history and characteristics of defendant. Id. Defendant was charged with 11 felony offenses in this case while on probation for felony escape. While out on bond in this case, defendant was charged with 10 additional felonies and failed to appear in court. Defendant was in possession of a weapon, ammunition and drug paraphernalia. The court found defendant dangerous and a flight risk and indicated that no conditions would mitigate the threat defendant posed. While the court did not specifically mention GPS monitoring, it was not required to do so.
¶ 18 Based on the evidence and argument presented, it was not against the manifest weight of the evidence for the court to determine that defendant was dangerous, a flight risk, and unlikely to comply with any conditions of pretrial release. Therefore, the court did not abuse its discretion in granting the State's petition.
¶ 19 Finally, while defendant argues that there was a conflict of interest between him and defense counsel, the limited record before us shows that defendant was given new counsel earlier in the proceedings when he brought a conflict of interest to the court's attention. There is no indication in the record that there was any conflict between defendant and his new counsel.
¶ 20 CONCLUSION
¶ 21 The judgment of the circuit court of Du Page County is affirmed.
¶ 22 Affirmed.