2020 IL App (2d) 170938-U
Ill. App. Ct.2020Background
- Steven Henshall was charged with three counts of aggravated battery (insulting or provoking contact) for incidents involving his 84‑year‑old, wheelchair‑bound mother at the Grand Victoria Casino.
- Casino employees and a security officer observed Henshall repeatedly grab Marcia’s arm, pull her collar, take her wallet, strike her with the wallet, throw a cellphone, and later reach under the restaurant table and throw napkins in her face.
- Surveillance video showed the repeated physical contact and Henshall appearing angry and impatient; witnesses testified Marcia appeared upset, crying or holding back tears.
- Marcia testified she did not recall being grabbed and denied feeling insulted or provoked.
- A jail call from Henshall urged a third party to get Marcia to leave town so she would not have contact with police or testify.
- The jury convicted Henshall on all three counts, the court merged the convictions, imposed 30 months’ probation, and Henshall appealed claiming insufficient evidence that the contact was insulting or provoking.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the State proved beyond a reasonable doubt that Henshall's physical contact was "insulting or provoking" | People: Video + eyewitnesses show repeated, nonaccidental contact with an elderly, wheelchair‑bound woman in public; context and victim reaction show contact was insulting/provoking; jail call shows consciousness of guilt | Henshall: Victim denied feeling insulted or provoked; contends evidence insufficient to establish insulting or provoking contact | Affirmed — viewing evidence in the light most favorable to the State, a rational jury could find the contact insulting or provoking; jail call supported consciousness of guilt |
Key Cases Cited
- People v. Collins, 214 Ill. 2d 206 (sufficiency‑of‑the‑evidence standard)
- People v. DeRosario, 397 Ill. App. 3d 332 (context and relationship can make noninjurious contact insulting or provoking)
- People v. Dunker, 217 Ill. App. 3d 410 (victim's denial of feeling insulted does not preclude finding contact was insulting or provoking)
- People v. Gacho, 122 Ill. 2d 221 (evidence of attempts to conceal or suppress evidence admissible to show consciousness of guilt)
- People v. Gambony, 402 Ill. 74 (attempted intimidation of a witness admissible to show consciousness of guilt)