2024 IL App (5th) 240697
Ill. App. Ct.2024Background
- Daniel Drew was charged in Jefferson County, IL, with aggravated discharge of a firearm (Class 1 felony) for allegedly shooting at his wife, Bria Drew, and unlawful possession of a weapon by a felon (Class 3 felony).
- The incident was captured on video, and a witness (Bria’s brother) corroborated the victim’s account; police recovered the gun at the scene.
- Drew’s pretrial services report indicated a significant criminal history, including prior offenses and current supervision status, and classified him as moderate risk for recidivism.
- The State petitioned to deny Drew pretrial release under the SAFE-T Act, arguing he posed a danger to Bria and the community; defense argued alternative residence and compliance with restrictions.
- The trial court denied pretrial release, finding clear and convincing evidence Drew was a threat, and no condition could mitigate this danger. Drew’s motion for immediate release was also denied, leading to this appeal.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Was the detention hearing untimely under §110-6.1(c)(2)? | Not raised timely below—should be waived on appeal | Delay violated his rights; should result in release | No error; delay requested by defense, constituting waiver |
| Ineffective assistance for not holding timely hearing | Invited error doctrine forecloses this claim | Counsel’s requested continuance prejudiced defendant’s liberty | No prejudice shown; mere delay pretrial does not show prejudice |
| Did the State show clear evidence no conditions could mitigate | Strong facts, victim fear, danger to community shown | State relied on proffers, no actual evidence (e.g., videos); State failed clear evidence | State met burden; ample record evidence supported court’s ruling |
| Sufficiency of posthearing motion for relief | Issues not argued below are waived on appeal | Issues newly raised in appellate memorandum should be considered | Issues abandoned if not adequately argued in motion below |
Key Cases Cited
- People v. Deleon, 227 Ill. 2d 322 (manifest weight of the evidence standard on factual findings in bail review)
- People v. Harvey, 211 Ill. 2d 368 (invited error doctrine prevents party from challenging procedures they requested)
- People v. Cathey, 2012 IL 111746 (ineffective assistance of counsel requires both deficient performance and prejudice)
- People v. Jocko, 239 Ill. 2d 87 (pretrial ineffective assistance claims face high bar until outcome is determined)