In re Nasie M.
45 N.E.3d 347
Ill. App. Ct.2016Background
- On Sept. 30, 2014, 17‑year‑old Nasie M. was treated for gunshot wounds to his foot; police found a spent shell casing in a nearby vacant lot and later recovered a .38 revolver from his girlfriend’s apartment.
- The State filed a juvenile petition charging reckless discharge, two counts of aggravated unlawful use of a weapon (AUUW), and unlawful possession of a firearm.
- Detective Berg testified that, after Mirandizing Nasie at the hospital, Nasie admitted the gun was his and said he accidentally shot himself while running; Nasie denied making that admission and said two men shot him.
- The recovered revolver contained one live round (no spent cartridges); police did not perform forensic testing (gunshot residue, firearm matching, or testing of clothing/shoes), and no medical or expert testimony about wound trajectory was presented.
- The trial judge credited the officer over Nasie and convicted on three counts; the court committed Nasie to the Department of Juvenile Justice.
Issues
| Issue | State's Argument | Nasie's Argument | Held |
|---|---|---|---|
| Whether the State proved beyond a reasonable doubt that Nasie possessed a firearm when shot (element of reckless discharge, AUUW, unlawful possession) | Detective Berg’s testimony that Nasie admitted he shot himself plus the location/nature of wounds supported an inference of possession | No eyewitness or forensic evidence tied Nasie to a gun; Nasie denied any confession and said others shot him | Reversed — insufficiency of evidence; State failed to prove possession beyond a reasonable doubt |
| Whether sentencing/commitment procedures (parent present; compliance with 705 ILCS 405/5‑750(1)) were improper | State argued conviction and disposition were appropriate (court need not reach on appeal) | Nasie argued statutory/due‑process errors at disposition | Not reached — convictions reversed so sentencing claims were not decided |
Key Cases Cited
- People v. Griham, 399 Ill. App. 3d 1169 (2010) (eyewitness statements and recorded prior statements can sustain conviction when more credible than recantation)
- People v. Peete, 318 Ill. App. 3d 961 (2001) (circumstantial evidence may support inference defendant possessed a firearm that was later recovered nearby)
- People v. Rasmussen, 233 Ill. App. 3d 352 (1992) (eyewitness police testimony of seeing defendant with a gun and immediate recovery can sustain conviction)
- People v. Smith, 185 Ill. 2d 532 (1999) (deference to trier of fact on credibility but reversal appropriate where evidence is unreasonable, improbable, or unsatisfactory)