People v. Horne
2023 IL App (2d) 230382
Ill. App. Ct.2023Background
- Matthew Horne was charged with two counts of aggravated battery (against a police officer) and two counts of domestic battery (against his mother, Sandy Horne), stemming from an incident on August 30, 2023.
- Police responded to a domestic battery call, finding Sandy outside the home, claiming Horne punched her multiple times; police noted visible injuries.
- While attempting to apprehend Horne inside the residence, he struck an officer and bit another during a struggle, while making threats.
- The State petitioned to deny Horne pretrial release under the Pretrial Fairness Act, citing danger to individuals and the community.
- The court ordered pretrial detention, finding clear and convincing evidence of Horne's danger based on the detailed police report, criminal history, and conduct during the incident.
- Horne appealed, arguing the evidence was insufficient to deny pretrial release and that less restrictive conditions were not properly considered.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Proof of Qualifying Offense | Evidence (police synopsis, bond report) showed crime occurred | No testimonial, video, or photo evidence; insufficient to establish proof | State met its burden |
| Real and Present Threat | Horne’s violent conduct, threats, and history show threat | No evidence of inability to follow court orders or possess weapons | Evidence shows ongoing threat |
| Less Restrictive Conditions Considered | Given facts, only detention ensured safety | State failed to explain why alternatives like EHM or supervision were insufficient | Written findings justified detention |
| Standard of Review for Denial of Release | Should be reviewed for abuse of discretion or manifest weight | (Not directly contested—court analyzes competing standards) | Affirmed under either standard |
Key Cases Cited
- Rowe v. Raoul, 2023 IL 129248 (sets effective date for Pretrial Fairness Act)
- Gerstein v. Pugh, 420 U.S. 103 (establishes right to prompt judicial determination of probable cause)
- People v. Simmons, 2019 IL App (1st) 191253 (defines abuse of discretion standard)
- People v. Deleon, 227 Ill. 2d 322 (discusses standard for manifest weight of the evidence)