People v. Bennett, 96 N.E.3d 74

On May 25, 2013, after a car collision, Angelo Bennett and Charles Jones scuffled; Bennett later retrieved a revolver he had hidden and shot Jones twice, killing him, and shot Jones’s passenger Kathy Bias (survived).
Two eyewitnesses, Efrain Melecio (Bennett’s passenger) and Bias, testified for the State; Melecio corroborated key facts and was found most credible by the trial court.
Bennett testified he acted in defense of himself and Melecio after Jones assaulted him and was advancing; he denied shooting Bias.
The trial court rejected self-defense and mitigating-factor claims, convicted Bennett of first degree murder and attempted first degree murder, and found he personally discharged a firearm; sentences included mandatory firearm enhancements.
On appeal Bennett argued (1) erroneous rejection of self-defense, (2) failure to reduce convictions to second degree murder (mitigating factors), and (3) ineffective assistance of counsel.
The appellate court affirmed, deferring to the trial court’s credibility determinations and reasoning that the danger was no longer imminent when Bennett retrieved and used the gun.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether Bennett proved self-defense	State: Bennett failed to show imminent danger after the fight paused	Bennett: He acted seconds after breaking free to protect Melecio; Jones advanced so force was necessary	Court: Affirmed rejection — trier of fact credited witnesses that hostilities had ceased and Jones no longer posed imminent threat
Whether mitigating factors reduce murder to second degree	State: No mitigating factors shown; conduct was deliberate	Bennett: Unreasonable belief in self-defense or sudden/intense passion (serious provocation) supported reduction	Court: No — evidence supports finding of deliberate conduct, not sudden passion or reasonable/unreasonable belief justifying killing
Whether attempted murder conviction as to Bias should be reduced	State: Bennett denied shooting Bias at trial; no basis to argue mitigation for that act	Bennett: Claimed mitigation/self-defense applied to Bias shooting	Court: No reduction — defendant denied shooting Bias at trial and cannot change theory on appeal
Ineffective assistance of counsel (Sixth Amendment)	State: Counsel reasonably presented arguments; no demonstrated deficient performance or prejudice	Bennett: Counsel failed to obtain self-defense acquittal or reductions	Held: No ineffective assistance — Bennett points to lack of success, not identifiable deficient acts causing prejudice

People v. Willis, 217 Ill. App. 3d 909 (defense-of-person elements and burden shift)
People v. Kyles, 91 Ill. App. 3d 1019 (self-defense element discussion)
People v. Zolidis, 115 Ill. App. 3d 669 (State need only negate one element of self-defense)
People v. Shipp, 52 Ill. App. 3d 470 (context of continued firing and provocation analysis)
People v. Jeffries, 164 Ill. 2d 104 (second degree murder as lesser mitigated offense)
Strickland v. Washington, 466 U.S. 668 (ineffective assistance two‑prong test)
People v. Albanese, 104 Ill. 2d 504 (Illinois adoption of Strickland)