People v. Gray
232 N.E.3d 614
Ill. App. Ct.2023Background
- John C. Gray was charged with failing to report an accident involving death, a Class 1 felony, after allegedly fleeing the scene of a fatal collision with a bicyclist.
- Bond was set at $500,000; Gray did not post bond and remained in custody.
- After the effective date of the Pretrial Fairness Act (abolishing cash bail in Illinois), Gray moved to remove the monetary bail condition on his release.
- The State responded by filing a petition to deny pretrial release, asserting Gray was a flight risk due to his actions after the accident.
- The trial court ruled in favor of the State, granting detention and denying Gray’s motion to remove monetary conditions.
- Gray appealed, primarily arguing that the State lacked statutory authority to seek to revoke a previously set bond for detained defendants under the new law.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Can State move to detain after defendant seeks change to pretrial conditions under new Act? | State is permitted to file a petition to detain when defendant moves to modify conditions. | State cannot file to revoke previously set bond for detained defendant under new Act. | State may respond to defendant's motion and seek to deny pretrial release. |
| Standard for proving flight risk justifying detention | Defendant's actions post-accident show clear willful flight and obstruction. | No evidence that Gray previously missed court dates or intended to flee. | State met burden; court accepted evidence of willful flight and risk. |
| Forfeiture of arguments not raised below | Gray forfeited the argument by not raising it in circuit court. | Forfeiture should not apply given the newness of the law and evolving case law. | Court excused forfeiture for this case only due to recent law changes. |
Key Cases Cited
- People v. Holmes, 2016 IL App (1st) 132357 (forfeiture is not absolute and may be overlooked to achieve justice or maintain precedent)
- People v. Jones, 2023 IL App (4th) 230837 (upon defendant’s motion to modify pretrial conditions, State may file competing petition under amended law)
- People v. Rios, 2023 IL App (5th) 230724 (defendant may opt for review under new statute or remain under previously-ordered conditions)