People v. Cowart
27 N.E.3d 209
Ill. App. Ct.2015Background
- On June 21–22, 2009 a large outdoor Father’s Day party in Chicago erupted into a melee during which multiple shooters fired; victim Lee Floyd was fatally shot.
- Numerous eyewitnesses placed defendant Charles Cowart (nickname “LC”) at the scene, described him as armed, and some witnesses said he fired at fleeing women; many other men at the party were also reported to have firearms and many shots were fired from multiple weapons.
- Police recovered a 9mm handgun days later that forensics matched to three cartridge cases from the scene; the fatal bullet exited the victim so caliber could not be tied to that weapon.
- Cowart was tried by jury and convicted of first-degree murder on a theory of accountability (and personally discharging a firearm); in a simultaneous bench proceeding he was convicted of being an armed habitual criminal based on two prior felony convictions (2007 drug conviction and 2002 aggravated unlawful use of a weapon (AUUW)).
- Cowart was sentenced to 51 years (including a 20-year firearm enhancement) and a concurrent 20-year term for the armed habitual criminal conviction; he appealed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Sufficiency of evidence for first-degree murder under accountability | State: Cowart was part of a common criminal design with a group of armed men; presence, flight, failure to report, and shooting at victims support accountability | Cowart: State failed to prove a shared intent or common design linking him to the unknown shooter who killed Lee; evidence shows he shot at different victims (Iesha and her friends), not necessarily at Lee | Reversed — evidence insufficient to prove common criminal design or accountability for Lee’s murder; identity of shooter and link to Cowart’s group not established |
| Sufficiency of proof for armed habitual criminal (predicate convictions) | State: Cowart’s prior AUUW conviction could serve as a predicate because it was valid when he possessed the firearm | Cowart: The 2002 AUUW conviction rests on a statute later declared unconstitutional in People v. Aguilar, so it is void and cannot be used as a predicate | Reversed — AUUW conviction rests on statute voided by Aguilar and cannot serve as predicate; State failed to prove essential element |
| Validity of using unconstitutional prior conviction as predicate | State: Prior conviction was valid at time of possession; later invalidation should not negate predicate status | Cowart: A conviction founded on an unconstitutional statute is void ab initio and cannot be used as a predicate | Court followed precedent (Fields, McFadden) rejecting State’s argument; held predicate cannot be used |
| Firearm enhancement to murder sentence | State: (not reached on appeal after reversals) | Cowart: Trial court erred in imposing the 20-year firearm enhancement | Not addressed — issue mooted by reversal of convictions |
Key Cases Cited
- Jackson v. Virginia, 443 U.S. 307 (standard for sufficiency of the evidence review)
- People v. Aguilar, 2013 IL 112116 (Illinois Supreme Court: AUUW statute unconstitutional under Second Amendment)
- People v. Perez, 189 Ill. 2d 254 (insufficiency of accountability where no showing defendant shared shooter’s intent or common design)
- People v. Terry, 99 Ill. 2d 508 (accountability upheld where defendant and principal shared criminal design)
- People v. Kessler, 57 Ill. 2d 493 (accountability where defendant participated in plan that led to shooting)
- In re W.C., 167 Ill. 2d 307 (common design rule; voluntary attachment to group supports accountability)
- Fagan v. Washington, 942 F.2d 1155 (7th Cir.) (caution against assuming unknown fatal shot came from defendant’s group absent proof)