Is This Really Chicago?

[fedlaw]

http://www.chicagobreakingnews.com/2008/12/homeowner-wont-be-charged-in-shooting.html


Homeowner won't be charged in shooting
December 24, 2008 at 12:20 PM

No charges will be filed against a homeowner who shot and killed a man who police believe had broken into his home on the Northwest Side late last week.

Police learned of the connection to the Friday break-in when the suspect was found partially covered by snow Monday morning in a home's gangway in the 3800 block of North Troy Street, said Chicago Police spokesman Daniel O'Brien.

An examination of the body later found the man had been shot in the back, and detectives tracked the case back to a burglary report from Friday afternoon in the 3800 block of North Kedzie Avenue, just across the alley.

Police believe the suspect ran across the alley behind the home after he was shot and collapsed in the gangway.

During an interview with detectives, the homeowner admitted to shooting at the man during the burglary.

On Tuesday night, the Cook County state's attorney's office rejected charges against the homeowner, O'Brien said. Handguns are banned in the city of Chicago under a 1983 ordinance.

Tandra Simonton, a state's attorney's office spokeswoman, said charges were rejected against the homeowner because of insufficient evidence.

The man who was killed, who went by at least two different names in records, had yet to be officially identified.

 

[MT GUNNY]

I'm surprised Mayor R. (dumb@**) Daily isn't involved.

 

[MostlyHarmless]

Nowhere does it say that the homeowner utilized a handgun.

 

[Geneseo1911]

Interesting story fedlaw. We're left to assume the weapon in question was a handgun since they mentioned it. Some interesting comments, as well.

My guess would be that they didn't want a case that could potentially overturn their precious ban when appealed up the chain. I very much doubt there wasn't enough evidence.

This is also interesting because an unenforced law is no law at all.

 

[NoNeedForAName]

It's Chicago - what do you expect?
If this same thing happened on the other side of town this guy would be looking at life without parole.

 

[Dave P]

I'm surprised Mayor R. (dumb@**) Daily isn't involved.


He probably is - that's why they don't press charges. Someones brothers first cousin from a previous administration ???

 

[Jeff White]

Yes, this is Chicago. For all of the anti gun blathering of the mayor and city council, for all of the insane, stupid anti gun laws, people are seldom charged with defending themselves in their own homes, even if they didn't have a FOID card or if in Chicago, the gun wasn't registered.

 

[withdrawn34]

Funny, he only escaped charges because of insufficient evidence... no mention of self defense. Very sad.

 

[damien]

Remember, that there is an Illinois state law that "exempts citizens from prosecution under local gun ordinances, in cases where they use a firearm to defend themselves or their families."

http://archive.newsmax.com/archives/articles/2004/11/12/113113.shtml

This did pass in the end.

 

[Gunfighter123]

DAMIEN --- many thanks for the link.

 

[outerlimit]

If it was a handgun, I'll bet he had to give it up for ballistics though and won't be getting it back.

If it was a rifle or shotgun though, same thing, though he'll probably get it back, eventually.. after jumping through 14 flaming hoops.

 

[notorious]

Lack of evidence? The homeowner admitted the act of shooting the guy. What else do you need to proceed with an indictment?

There's something fishy here. Nothing is free in Chicago.

 

[franconialocal]

Notorious

FYI Notorious and anyone else that is wondering.....

Even with a full confession the police still need to "prove" the crime. It's that whole Fifth Amend. thing against "self-incrimination". The police still need to be able to bring a case as if his confession never existed.......kind of odd, I know, but that's the way this game is played.

 

[Deanimator]

If this same thing happened on the other side of town this guy would be looking at life without parole.

You've got that right. If he'd been living at 84th and Loomis, "CAGE" or whatever it's called these days would have kicked in his door and probably shot him.

Go to "gun court" some time and look at virtually the ONLY people who end up there.

It's APARTHEID Chicago and don't you EVER forget it.

 

[notorious]

--------------------------------------------------------------------------------

FYI Notorious and anyone else that is wondering.....

Even with a full confession the police still need to "prove" the crime. It's that whole Fifth Amend. thing against "self-incrimination". The police still need to be able to bring a case as if his confession never existed.......kind of odd, I know, but that's the way this game is played.

Actually, if the confession was given freely while not in a custodial interrogation situation, it does not need to be Mirandized and anyone who heard it and is otherwise competent can testify to the statement against self-interest under the hearsay exception rule to get it into court. That is pretty damning right there.

As for physical evidence, the guy who was shot and the guy who said he shot him and the circumstantial evidence pointing to the connection otherwise should be more than enough to secure an indictment and the preliminary hearing to bound defendant over for trial.

I am not advocating anything to be done against the law-abiding homeowner in this case, and I applaud him for defending his home, but I have seen trials go forward with way less evidence.