People v. Brookshaw
2023 IL App (4th) 230854
Ill. App. Ct.2023Background:
- Defendant Jilvonti Brookshaw was charged with three counts of aggravated battery of a peace officer arising from a September 20, 2023 7‑Eleven incident (pushing an officer’s hat bill, pulling handcuffs from an officer causing an abrasion, and striking an officer on the head).
- Officers reported Brookshaw refused to leave, threatened another customer, grabbed an officer’s arm, and admitted he was waiting to "slap" the other patron.
- Brookshaw has prior convictions (burglary, delivery of cocaine, extortion, resisting arrest) and refused the pretrial interview.
- The State sought pretrial detention under 725 ILCS 5/110‑6.1(a)(1.5), arguing Brookshaw posed a real and present threat and was charged with a forcible felony.
- The circuit court denied detention, finding the charged aggravated battery counts did not allege great bodily harm or permanent disability/disfigurement and thus were not detainable forcible felonies; the State appealed.
Issues:
| Issue | Plaintiff's Argument (State) | Defendant's Argument (Brookshaw) | Held |
|---|---|---|---|
| Whether aggravated battery of a peace officer here is a "forcible felony" under 110‑6.1(a)(1.5) | The aggravated battery counts qualify as a forcible felony (including under the statute’s "any other felony" clause) | The charges do not allege great bodily harm or permanent disability/disfigurement and thus are not forcible felonies | Court: Not a forcible felony; charges do not allege injuries meeting statute’s listed criteria, so detention statute inapplicable |
| Whether detention was justified on grounds of a real and present threat that no conditions could mitigate | State: Brookshaw’s conduct and criminal history show a real, present danger requiring detention | Defense: Charges not detainable; conditions suffice | Court: Did not reach merits because statutory basis failed; denied detention |
Key Cases Cited
- People v. Hall, 291 Ill. App. 3d 411 (1997) (construed aggravated battery as potentially falling under an "other felony" clause in a different statutory context)
- People v. Jones, 226 Ill. App. 3d 1054 (1992) (similar holding that aggravated battery could be included under an "other felony" provision)
- In re Rodney S., 402 Ill. App. 3d 272 (2010) (concluded the "other felony" language refers only to felonies not already listed, contrary to Hall/Jones)