People v. Colone
259 N.E.3d 185
Ill. App. Ct.2024Background
- Defendant Kahlil Colone and codefendant Leslie Ward were tried (severed trials) for the August 17, 2018 murders of Darnell Flowers and Raysuan Turner; jury convicted Colone of two counts of first-degree murder.
- Key evidence: Facebook Messenger exchanges showing planning/coordination between defendants and victims; ShotSpotter/911 reports of gunshots; two .357/.38 bullets recovered and matched to the same firearm; no ejected casings consistent with a .357 revolver.
- Eyewitness Hutchens saw Colone and Ward with the victims, reported four entering the woods while only two exited, heard four gunshots, and later identified both defendants in photo arrays.
- Bodies were found in a wooded area days later, decomposed and maggot-infested; autopsy photos and reports showed multiple gunshot wounds to the back.
- About two months after the murders Colone streamed a ~1-minute Facebook Live rap video using nicknames ("Shoota," "Choppa") and lyrics referencing woods, shooting, and mothers left "blue;" State played the video with a typed transcription.
- Colone received consecutive 25-year terms (50 years aggregate); on appeal he argued (1) rap video admission was erroneous, (2) counsel ineffective for not objecting to the transcript, (3) admission of gruesome photos was prejudicial, and (4) sentencing errors based on JTDC records and juvenile-factor weighting.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Admissibility of Facebook Live rap video | Video lyrics bore a strong nexus to the murders (nicknames, woods, shooting) and were relevant to identity, motive, and intent | Video irrelevant and unfairly prejudicial; no date on video to show temporality or connection | Admissible: trial court did not abuse discretion; lyrics had strong nexus and temporal proximity; any error harmless given overwhelming evidence and cumulativeness |
| Ineffective assistance for failing to object to transcript captions | N/A (State relied on evidence as admitted) | Trial counsel deficient for not objecting to unauthenticated/inaccurate transcript which could mislead jury | Denied: no Strickland prejudice—errors were minor, original video was available, limiting instruction told jury audio controls transcript; no reasonable probability of different outcome |
| Admission of autopsy and crime-scene photos | Photos relevant to nature/extent of injuries, body position/location, and to explain decomposition effects to pathologist | Photos gruesome, prejudicial, and not necessary to prove responsibility | No abuse: photos were relevant and probative; some photos were stipulated; admission proper to understand injuries and autopsy findings; claim forfeited and fails on merits |
| Sentencing: JTDC records & juvenile-factor weighting | State used JTDC disciplinary records and court properly weighed aggravating/mitigating juvenile factors | Records admitted without live witness; court mischaracterized juvenile factors and treated mitigating factors as aggravating | No reversible error: JTDC-record claim forfeited; trial court thoroughly considered statutory juvenile factors, explained reasoning; sentence within statutory range and defendant eligible for parole review after 20 years |
Key Cases Cited
- People v. Bush, 2023 IL 128747 (Ill. 2023) (Illinois Supreme Court: rap-lyrics evidence must be evaluated for relevance; statements bearing a strong nexus to charged events are admissible)
- Strickland v. Washington, 466 U.S. 668 (U.S. 1984) (two-prong test for ineffective assistance of counsel—deficient performance and prejudice)
- Montague v. State, 243 A.3d 546 (Md. 2020) (post-offense defendant-authored rap lyrics bearing close factual/temporal nexus to crime are relevant and probative)
- Holmes v. State, 306 P.3d 415 (Nev. 2013) (rap lyrics that mirror crime details may be admissible despite artistic devices; probative value must outweigh unfair prejudice)
- People v. Chapman, 194 Ill. 2d 186 (Ill. 2000) (gruesome autopsy photographs are admissible if relevant to establish facts at issue, including manner and cause of death)