People v. Cowart
2017 IL App (1st) 113085
Ill. App. Ct.2017Background
- On June 21–22, 2009, a large outdoor Father's Day gathering in Chicago erupted into a fight and a chaotic multi-gun shooting; victim Lee Floyd was killed.
- Multiple eyewitnesses placed defendant Charles Cowart at the scene, observed many people armed, and some witnesses identified Cowart as firing at fleeing women; forensic testing linked a 9mm found days later to some scene casings but the fatal bullet's caliber remained unknown.
- Cowart gave a videotaped statement saying other friends (e.g., "Keevo") shot and that he did not fire at the victim; he admitted having a gun but denied shooting Lee.
- A jury convicted Cowart of first-degree murder under an accountability theory and a bench found him guilty of being an armed habitual criminal (AHC); he was sentenced to 51 years (murder) and a concurrent 20 years (AHC).
- This court previously reversed both convictions; the Illinois Supreme Court ordered reconsideration in light of People v. McFadden. On reconsideration, the appellate court affirmed the AHC conviction (per McFadden), reversed the murder conviction for insufficient evidence of a common criminal design, and remanded for resentencing on the AHC only.
Issues
| Issue | State's Argument | Cowart's Argument | Held |
|---|---|---|---|
| Sufficiency of evidence for first-degree murder under accountability | Cowart participated in a common criminal design with armed associates; presence, flight, and shooting at victims support accountability | Evidence only shows Cowart shot at fleeing women; shooter who killed Lee was unknown and no proof linked that shooter to Cowart's group | Reversed — evidence insufficient to prove a common criminal design linking Cowart to the unidentified shooter who killed Lee |
| Validity of using prior AUUW conviction as predicate for AHC after Aguilar and McFadden | Under McFadden, an unvacated prior AUUW conviction may still serve as a predicate for firearm-related offenses; Cowart had two qualifying prior convictions that were not vacated | An AUUW conviction based on a statute later declared unconstitutional cannot be used as a predicate (would be void) | Affirmed AHC — McFadden controls: an unvacated prior AUUW conviction may serve as an AHC predicate |
| 20-year firearm sentencing enhancement on murder conviction | State imposed enhancement based on jury finding that Cowart personally discharged a firearm | Cowart challenged enhancement | Not reached (murder conviction reversed); remand for resentencing on AHC only |
Key Cases Cited
- Terry v. People, 99 Ill.2d 508 (evidence of shared criminal design supported accountability conviction)
- Kessler v. People, 57 Ill.2d 493 (accomplice liability where defendants shared criminal purpose)
- Perez v. People, 189 Ill.2d 254 (insufficient evidence of shared criminal intent or common design defeats accountability murder)
- Lewis v. United States, 445 U.S. 55 (prior, constitutionally infirm felony conviction may still be used as a predicate for felon-in-possession unless vacated)
- Fagan v. Washington, 942 F.2d 1155 (reversal of accountability conviction where court assumed without evidence that fatal shot came from defendant’s group)