People v. Fonder
2013 IL App (3d) 120178
Ill. App. Ct.2013Background
- Darnell M. Fonder was convicted after a jury trial of resisting a peace officer and criminal trespass to real property; sentence was three years in prison.
- The State charged Fonder with aggravated battery, resisting a peace officer, and criminal trespass; trial occurred December 6, 2011.
- Officer Shreffler arrested Fonder after a May 7, 2010 incident at Crystal Davis’s residence; Shreffler and Officer Martinez restrained him during the struggle.
- Martinez used a taser (dry-stun) on Fonder twice; Shreffler also restrained and transported Fonder from the scene.
- Davis testified she observed officers restraining Fonder; no visible injuries to Martinez were noted at the time, and she had a known prior relationship with Fonder.
- During jury instructions, the court used IPI Criminal Nos. 22.13 and 22.14 in their unmodified form for resisting arrest, without detailing proximate cause.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the proximate-cause element was required in the resisting arrest instruction | Fonder argues proximate cause must be proven for a felony resisting arrest. | State contends the instruction sufficiently covered the offense; proximate cause was not required to be explicit. | Yes; proximate-cause element required, and error reversible |
Key Cases Cited
- People v. Sargent, 239 Ill. 2d 166 (2010) (plain-error/equitable correction framework applied)
- People v. Ogunsola, 87 Ill. 2d 216 (1981) (grave and fundamental error waiver rule not apply for missing essential instruction)
- People v. Hari, 218 Ill. 2d 275 (2006) (waiver and plain-error standards in instructional errors)
- People v. Hale, 2012 IL App (4th) 100949 (2012) (fundamental instructional errors may be corrected under Rule 451(c))
- People v. Cervantes, 408 Ill. App. 3d 906 (2011) (elements required for enhanced sentencing and jury determination)
- People v. Wilson, 404 Ill. App. 3d 244 (2010) (framework for plain-error review and instructional error analysis)
- People v. McNeal, 405 Ill. App. 3d 647 (2010) (plain-error/applicability in trial-relevant rulings)