http://www.stltoday.com/stltoday/ne...ired+through+wall+in+house+kills+woman+inside
Shot fired through wall in house kills woman inside
03/03/2004
EAST ST. LOUIS
Shot fired through wall in house kills woman inside
In what authorities described as a "freak accident," a man fired a shot at his estranged girlfriend's East St. Louis house early Wednesday, piercing a wall and striking her in the head, killing her.
Police did not disclose the identity of the 29-year-old victim Wednesday.
Rudy McIntosh, the East St. Louis deputy police chief, said that the suspect went to the woman's house, in the 500 block of North 23rd Street, about 3 a.m. Wednesday.
The two, who had separated about three weeks ago, quarreled at the front door for several minutes, McIntosh said, before the suspect marched to the end of the driveway and fired a shot at the single-story olive clapboard house. The house sits about 30 feet from the sidewalk.
The woman was standing in the living room when she was struck in the head. She was pronounced dead at Kenneth Hall Regional Hospital, McIntosh said.
McIntosh said it was not likely that the suspect intended to shoot the woman.
"If he wanted to shoot her, he could have shot her while he was standing at the door," McIntosh said. "Plus there was a window. So it's a freak accident when you really look at it, because he's at the end of the driveway. We know that from the crime scene."
Police said they would seek to charge the man, who they said is an East St. Louis resident. But McIntosh said authorities were not sure whether a murder charge was appropriate. The man was still at large Wednesday afternoon.
"It looks like it might have been an unfortunate accident," McIntosh said, "but we still have to realize that he fired a dangerous weapon."
Reporter William Lamb E-mail: [email protected] Phone: 618-235-6142
And this is supposedly an accidental shooting according to East St Louis PD? I wonder how the St Clair County States Attorney feels about that?
Sounds like 2d Degree Murder would be appropriate:
(720 ILCS 5/9‑2) (from Ch. 38, par. 9‑2)
Sec. 9‑2. Second Degree Murder. (a) A person commits the offense of second degree murder when he commits the offense of first degree murder as defined in paragraphs (1) or (2) of subsection (a) of Section 9‑1 of this Code and either of the following mitigating factors are present:
(1) At the time of the killing he is acting under a sudden and intense passion resulting from serious provocation by the individual killed or another whom the offender endeavors to kill, but he negligently or accidentally causes the death of the individual killed; or
(2) At the time of the killing he believes the circumstances to be such that, if they existed, would justify or exonerate the killing under the principles stated in Article 7 of this Code, but his belief is unreasonable.
(b) Serious provocation is conduct sufficient to excite an intense passion in a reasonable person.
(c) When a defendant is on trial for first degree murder and evidence of either of the mitigating factors defined in subsection (a) of this Section has been presented, the burden of proof is on the defendant to prove either mitigating factor by a preponderance of the evidence before the defendant can be found guilty of second degree murder. However, the burden of proof remains on the State to prove beyond a reasonable doubt each of the elements of first degree murder and, when appropriately raised, the absence of circumstances at the time of the killing that would justify or exonerate the killing under the principles stated in Article 7 of this Code. In a jury trial for first degree murder in which evidence of either of the mitigating factors defined in subsection (a) of this Section has been presented and the defendant has requested that the jury be given the option of finding the defendant guilty of second degree murder, the jury must be instructed that it may not consider whether the defendant has met his burden of proof with regard to second degree murder until and unless it has first determined that the State has proven beyond a reasonable doubt each of the elements of first degree murder.
(d) Sentence.
Second Degree Murder is a Class 1 felony.
(Source: P.A. 84‑1450.)
I'm sure that deputy chief McIntosh is looking at Involuntary Manslaughter or Reckless Homicide:
(720 ILCS 5/9‑3) (from Ch. 38, par. 9‑3)
(Text of Section from P.A. 93‑178)
Sec. 9‑3. Involuntary Manslaughter and Reckless Homicide.
(a) A person who unintentionally kills an individual without lawful justification commits involuntary manslaughter if his acts whether lawful or unlawful which cause the death are such as are likely to cause death or great bodily harm to some individual, and he performs them recklessly, except in cases in which the cause of the death consists of the driving of a motor vehicle or operating a snowmobile, all‑terrain vehicle, or watercraft, in which case the person commits reckless homicide.
(b) In cases involving reckless homicide, being under the influence of alcohol or any other drug or drugs at the time of the alleged violation shall be presumed to be evidence of a reckless act unless disproved by evidence to the contrary.
(c) For the purposes of this Section, a person shall be considered to be under the influence of alcohol or other drugs while:
1. The alcohol concentration in the person's blood
or breath is 0.08 or more based on the definition of blood and breath units in Section 11‑501.2 of the Illinois Vehicle Code;
2. Under the influence of alcohol to a degree that
renders the person incapable of safely driving a motor vehicle or operating a snowmobile, all‑terrain vehicle, or watercraft;
3. Under the influence of any other drug or
combination of drugs to a degree that renders the person incapable of safely driving a motor vehicle or operating a snowmobile, all‑terrain vehicle, or watercraft; or
4. Under the combined influence of alcohol and any
other drug or drugs to a degree which renders the person incapable of safely driving a motor vehicle or operating a snowmobile, all‑terrain vehicle, or watercraft.
(d) Sentence.
(1) Involuntary manslaughter is a Class 3 felony.
(2) Reckless homicide is a Class 3 felony.
(e) Except as otherwise provided in subsections (e‑5), (e‑7), and (e‑8), in cases involving reckless homicide in which the defendant was determined to have been under the influence of alcohol or any other drug or drugs as an element of the offense, or in cases in which the defendant is proven beyond a reasonable doubt to have been under the influence of alcohol or any other drug or drugs, the penalty shall be a Class 2 felony, for which a person, if sentenced to a term of imprisonment, shall be sentenced to a term of not less than 3 years and not more than 14 years.
(e‑5) In cases involving reckless homicide in which the defendant was determined to have been under the influence of alcohol or any other drug or drugs as an element of the offense, or in cases in which the defendant is proven beyond a reasonable doubt to have been under the influence of alcohol or any other drug or drugs, if the defendant kills 2 or more individuals as part of a single course of conduct, the penalty is a Class 2 felony, for which a person, if sentenced to a term of imprisonment, shall be sentenced to a term of not less than 6 years and not more than 28 years.
(e‑7) Except as otherwise provided in subsection (e‑8), in cases involving reckless homicide in which the defendant was driving in a construction or maintenance zone, as defined in Section 11‑605 of the Illinois Vehicle Code, the penalty is a Class 2 felony, for which a person, if sentenced to a term of imprisonment, shall be sentenced to a term of not less than 3 years and not more than 14 years.
(e‑8) In cases involving reckless homicide in which the defendant was driving in a construction or maintenance zone, as defined in Section 11‑605 of the Illinois Vehicle Code, and caused the deaths of 2 or more persons as part of a single course of conduct, the penalty is a Class 2 felony, for which a person, if sentenced to a term of imprisonment, shall be sentenced to a term of not less than 6 years and not more than 28 years.
(f) In cases involving involuntary manslaughter in which the victim was a family or household member as defined in paragraph (3) of Section 112A‑3 of the Code of Criminal Procedure of 1963, the penalty shall be a Class 2 felony, for which a person if sentenced to a term of imprisonment, shall be sentenced to a term of not less than 3 years and not more than 14 years.
(Source: P.A. 91‑6, eff. 1‑1‑00; 91‑122, eff. 1‑1‑00; 92‑16, eff. 6‑28‑01; 93‑178, eff. 6‑1‑04.)
It sounds to me like the suspect is known to East St Louis PD and the deputy chief is trying to do some damage control for some reason. I think the charge should be 2d degree murder.
I think that the dispute at the door falls into this provision of 2d Degree murder:
I wonder why McIntosh is making excuses for this guy?
I think that Involuntary Manslaughter or Reckless Homicide would fit if the suspect didn't know the victim and had had a negligent discharge into the house. Having a fight with the victim at the door then walking away and firing a shot into the house is IMHO much different.
Jeff
Shot fired through wall in house kills woman inside
03/03/2004
EAST ST. LOUIS
Shot fired through wall in house kills woman inside
In what authorities described as a "freak accident," a man fired a shot at his estranged girlfriend's East St. Louis house early Wednesday, piercing a wall and striking her in the head, killing her.
Police did not disclose the identity of the 29-year-old victim Wednesday.
Rudy McIntosh, the East St. Louis deputy police chief, said that the suspect went to the woman's house, in the 500 block of North 23rd Street, about 3 a.m. Wednesday.
The two, who had separated about three weeks ago, quarreled at the front door for several minutes, McIntosh said, before the suspect marched to the end of the driveway and fired a shot at the single-story olive clapboard house. The house sits about 30 feet from the sidewalk.
The woman was standing in the living room when she was struck in the head. She was pronounced dead at Kenneth Hall Regional Hospital, McIntosh said.
McIntosh said it was not likely that the suspect intended to shoot the woman.
"If he wanted to shoot her, he could have shot her while he was standing at the door," McIntosh said. "Plus there was a window. So it's a freak accident when you really look at it, because he's at the end of the driveway. We know that from the crime scene."
Police said they would seek to charge the man, who they said is an East St. Louis resident. But McIntosh said authorities were not sure whether a murder charge was appropriate. The man was still at large Wednesday afternoon.
"It looks like it might have been an unfortunate accident," McIntosh said, "but we still have to realize that he fired a dangerous weapon."
Reporter William Lamb E-mail: [email protected] Phone: 618-235-6142
And this is supposedly an accidental shooting according to East St Louis PD? I wonder how the St Clair County States Attorney feels about that?
Sounds like 2d Degree Murder would be appropriate:
(720 ILCS 5/9‑2) (from Ch. 38, par. 9‑2)
Sec. 9‑2. Second Degree Murder. (a) A person commits the offense of second degree murder when he commits the offense of first degree murder as defined in paragraphs (1) or (2) of subsection (a) of Section 9‑1 of this Code and either of the following mitigating factors are present:
(1) At the time of the killing he is acting under a sudden and intense passion resulting from serious provocation by the individual killed or another whom the offender endeavors to kill, but he negligently or accidentally causes the death of the individual killed; or
(2) At the time of the killing he believes the circumstances to be such that, if they existed, would justify or exonerate the killing under the principles stated in Article 7 of this Code, but his belief is unreasonable.
(b) Serious provocation is conduct sufficient to excite an intense passion in a reasonable person.
(c) When a defendant is on trial for first degree murder and evidence of either of the mitigating factors defined in subsection (a) of this Section has been presented, the burden of proof is on the defendant to prove either mitigating factor by a preponderance of the evidence before the defendant can be found guilty of second degree murder. However, the burden of proof remains on the State to prove beyond a reasonable doubt each of the elements of first degree murder and, when appropriately raised, the absence of circumstances at the time of the killing that would justify or exonerate the killing under the principles stated in Article 7 of this Code. In a jury trial for first degree murder in which evidence of either of the mitigating factors defined in subsection (a) of this Section has been presented and the defendant has requested that the jury be given the option of finding the defendant guilty of second degree murder, the jury must be instructed that it may not consider whether the defendant has met his burden of proof with regard to second degree murder until and unless it has first determined that the State has proven beyond a reasonable doubt each of the elements of first degree murder.
(d) Sentence.
Second Degree Murder is a Class 1 felony.
(Source: P.A. 84‑1450.)
I'm sure that deputy chief McIntosh is looking at Involuntary Manslaughter or Reckless Homicide:
(720 ILCS 5/9‑3) (from Ch. 38, par. 9‑3)
(Text of Section from P.A. 93‑178)
Sec. 9‑3. Involuntary Manslaughter and Reckless Homicide.
(a) A person who unintentionally kills an individual without lawful justification commits involuntary manslaughter if his acts whether lawful or unlawful which cause the death are such as are likely to cause death or great bodily harm to some individual, and he performs them recklessly, except in cases in which the cause of the death consists of the driving of a motor vehicle or operating a snowmobile, all‑terrain vehicle, or watercraft, in which case the person commits reckless homicide.
(b) In cases involving reckless homicide, being under the influence of alcohol or any other drug or drugs at the time of the alleged violation shall be presumed to be evidence of a reckless act unless disproved by evidence to the contrary.
(c) For the purposes of this Section, a person shall be considered to be under the influence of alcohol or other drugs while:
1. The alcohol concentration in the person's blood
or breath is 0.08 or more based on the definition of blood and breath units in Section 11‑501.2 of the Illinois Vehicle Code;
2. Under the influence of alcohol to a degree that
renders the person incapable of safely driving a motor vehicle or operating a snowmobile, all‑terrain vehicle, or watercraft;
3. Under the influence of any other drug or
combination of drugs to a degree that renders the person incapable of safely driving a motor vehicle or operating a snowmobile, all‑terrain vehicle, or watercraft; or
4. Under the combined influence of alcohol and any
other drug or drugs to a degree which renders the person incapable of safely driving a motor vehicle or operating a snowmobile, all‑terrain vehicle, or watercraft.
(d) Sentence.
(1) Involuntary manslaughter is a Class 3 felony.
(2) Reckless homicide is a Class 3 felony.
(e) Except as otherwise provided in subsections (e‑5), (e‑7), and (e‑8), in cases involving reckless homicide in which the defendant was determined to have been under the influence of alcohol or any other drug or drugs as an element of the offense, or in cases in which the defendant is proven beyond a reasonable doubt to have been under the influence of alcohol or any other drug or drugs, the penalty shall be a Class 2 felony, for which a person, if sentenced to a term of imprisonment, shall be sentenced to a term of not less than 3 years and not more than 14 years.
(e‑5) In cases involving reckless homicide in which the defendant was determined to have been under the influence of alcohol or any other drug or drugs as an element of the offense, or in cases in which the defendant is proven beyond a reasonable doubt to have been under the influence of alcohol or any other drug or drugs, if the defendant kills 2 or more individuals as part of a single course of conduct, the penalty is a Class 2 felony, for which a person, if sentenced to a term of imprisonment, shall be sentenced to a term of not less than 6 years and not more than 28 years.
(e‑7) Except as otherwise provided in subsection (e‑8), in cases involving reckless homicide in which the defendant was driving in a construction or maintenance zone, as defined in Section 11‑605 of the Illinois Vehicle Code, the penalty is a Class 2 felony, for which a person, if sentenced to a term of imprisonment, shall be sentenced to a term of not less than 3 years and not more than 14 years.
(e‑8) In cases involving reckless homicide in which the defendant was driving in a construction or maintenance zone, as defined in Section 11‑605 of the Illinois Vehicle Code, and caused the deaths of 2 or more persons as part of a single course of conduct, the penalty is a Class 2 felony, for which a person, if sentenced to a term of imprisonment, shall be sentenced to a term of not less than 6 years and not more than 28 years.
(f) In cases involving involuntary manslaughter in which the victim was a family or household member as defined in paragraph (3) of Section 112A‑3 of the Code of Criminal Procedure of 1963, the penalty shall be a Class 2 felony, for which a person if sentenced to a term of imprisonment, shall be sentenced to a term of not less than 3 years and not more than 14 years.
(Source: P.A. 91‑6, eff. 1‑1‑00; 91‑122, eff. 1‑1‑00; 92‑16, eff. 6‑28‑01; 93‑178, eff. 6‑1‑04.)
It sounds to me like the suspect is known to East St Louis PD and the deputy chief is trying to do some damage control for some reason. I think the charge should be 2d degree murder.
I think that the dispute at the door falls into this provision of 2d Degree murder:
I wonder why McIntosh is making excuses for this guy?
I think that Involuntary Manslaughter or Reckless Homicide would fit if the suspect didn't know the victim and had had a negligent discharge into the house. Having a fight with the victim at the door then walking away and firing a shot into the house is IMHO much different.
Jeff
