People v. Hoy
2017 Ill. App. LEXIS 573
| Ill. App. Ct. | 2017Background
- On June 19, 2009, 16-year-old Delamonte Hoy shot and killed 17-year-old James Thomas during a heated verbal dispute on a porch; multiple eyewitnesses testified Hoy fired several shots, including as Thomas tried to crawl away.
- Several eyewitnesses (Catherine Slater, Kenneth Slater, Renee Johnson, Cordarrell Wilson) described no physical contact or visible weapon on Thomas before Hoy produced a gun and fired; autopsy showed multiple gunshot wounds consistent with being shot while fleeing/crawling.
- Hoy admitted possessing a gun taken from a nearby gangway after a recent neighborhood shooting and testified he shot because he feared Thomas (imperfect self-defense claim); one defense witness (Alante) gave inconsistent accounts.
- After a bench trial the court found Hoy guilty of first degree murder; the court rejected imperfect self-defense, finding Hoy suffered no injuries and that his response was grossly disproportionate.
- At sentencing the court imposed 52 years (including a mandatory 25-year firearm enhancement) to be served at 100%. Hoy appealed, arguing (1) he proved imperfect self-defense (second degree murder), (2) he should get resentencing under juvenile-sentencing developments/statute, and (3) his sentence violates Eighth Amendment and Illinois proportionate-penalties protections.
Issues
| Issue | People’s Argument | Hoy’s Argument | Held |
|---|---|---|---|
| Whether imperfect self-defense (second-degree murder) was proved | State: evidence shows intentional shooting, no actual unreasonable belief in imminent deadly harm | Hoy: testified he actually (though unreasonably) feared imminent harm after threats and neighborhood shootings | Court: Affirmed first-degree murder; rational trier could find Hoy failed to prove actual but unreasonable belief by preponderance due to witness testimony and lack of injuries |
| Whether 730 ILCS 5/5-4.5-105 (additional juvenile mitigation) applies retroactively to Hoy | State: statute applies only to offenses/sentencing on/after effective date | Hoy: statute enacted while appeal pending should apply | Court: Statute inapplicable—Hoy’s offense and sentencing occurred before statute’s effective date |
| Whether 52-year sentence (with 25-year firearm enhancement) violates Eighth Amendment/Miller/Montgomery | State: sentencing court held a Miller-compliant hearing; sentence not equivalent to life without parole | Hoy: as a 16-year-old, mandatory enhancements make his sentence unconstitutional or effectively life without parole | Court: Sentence survivable (release at ~68) and court considered youth; sentence does not violate Eighth Amendment or Miller/Montgomery principles |
| Whether the sentence violates Illinois proportionate-penalties clause or whether the firearm enhancement is unconstitutional | State: mandatory firearm enhancement is constitutional and court considered youth factors | Hoy: 52-year term (including enhancement) is grossly disproportionate and shocks the moral sense of the community | Court: Rejected Hoy’s proportionality challenge; enhancement and aggregate sentence permissible under precedent |
Key Cases Cited
- Miller v. Alabama, 567 U.S. 460 (2012) (mandatory life without parole for juveniles unconstitutional; sentencing must account for youth's characteristics)
- Montgomery v. Louisiana, 136 S. Ct. 718 (2016) (Miller error must be applied retroactively; life without parole excessive except for rare irreparably corrupt juveniles)
- People v. Reyes, 2016 IL 119271 (Illinois 2016) (a term-of-years that is unsurvivable for a juvenile is functionally equivalent to life without parole and triggers Miller protections)
- People v. Sharpe, 216 Ill. 2d 481 (2005) (upheld constitutionality of mandatory firearm enhancements and legislature’s authority to set mandatory minimums)
- People v. Blackwell, 171 Ill. 2d 338 (1996) (standard of review for whether a rational trier of fact could find a defendant failed to prove a mitigating factor by a preponderance)
- People v. Urdiales, 225 Ill. 2d 354 (2007) (definition of preponderance of the evidence)
- People v. Shumpert, 126 Ill. 2d 344 (1989) (State need not disprove mitigating factor beyond a reasonable doubt)
- People v. Brown, 222 Ill. App. 3d 703 (1991) (voluntary manslaughter instruction properly refused where victim had no weapon and was shot in back)