People v. Graham
2025 IL App (4th) 250016-U
Ill. App. Ct.2025Background
- Dion Graham was charged with aggravated battery for discharging a firearm and injuring Kendall Young after a confrontation outside a restaurant.
- Graham argued he shot in self-defense, citing prior aggression from Young and his own physical disabilities.
- Despite lacking any adult criminal history, Graham was denied pretrial release by the trial court, which found him a real and present threat to the community due to the circumstances of the shooting.
- The trial court reviewed video footage showing Graham chasing and shooting Young multiple times, including after Young had fallen.
- Graham appealed the denial of pretrial release, asserting the State failed to show no conditions could mitigate any danger he posed and that the trial court’s written findings were insufficient under Illinois law.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Did the State prove Graham is a real and present threat that cannot be mitigated by any pretrial release condition? | State argued strong evidence of violent, disproportionate response and risk to community | Graham argued he had no criminal history, was disabled, and conditions could mitigate risk (e.g. monitoring) | Court held the nature and circumstances of offense showed Graham posed unmitigable threat |
| Were the trial court’s written findings sufficient? | State noted oral findings and detailed basis for detention order | Graham contended written findings did not sufficiently explain denial of release | Court held oral pronouncements and written order together satisfied statutory requirements |
| Did the State prove, by clear and convincing evidence, that Graham committed a detainable offense despite self-defense claims? | State argued evidence (including video) clearly showed offense | Graham claimed self-defense and prior victim aggression | Court held the proof was evident and presumption great for commission of offense |
| Did failure to include video in appellate record affect review? | State accepted by default trial court’s findings about the video | Graham did not include video in appeal record | Court deferred to trial court’s description as record was incomplete |
Key Cases Cited
- People v. Morgan, 2025 IL 130626 (clarifies presumption for pretrial release and standards for denying it)
- People v. Atterberry, 2023 IL App (4th) 231028 (requires individualized detention decisions, not based solely on offense)
- People v. Romine, 2024 IL App (4th) 240321 (one-time extreme conduct can justify pretrial detention despite clean record)
- People v. Stock, 2023 IL App (1st) 231753 (bare allegations of violent crime insufficient to deny pretrial release)