People v. Johnson
2025 IL App (4th) 240818-U
Ill. App. Ct.2025Background
- Emily R. Johnson was charged with two counts of reckless homicide and two counts of aggravated unlawful use of an electronic communication device after striking and killing two construction workers with her vehicle.
- The incident occurred while Johnson was driving at approximately 70 mph in a 55 mph zone, accelerating, and using her cell phone (Snapchat) instead of paying attention to the road.
- The construction zone was clearly marked with orange barrels and vehicles with flashing lights; both victims were wearing high-visibility vests and helmet lights.
- Johnson admitted at the scene that she was on her phone just before the collision and did not brake before impact.
- At a bench trial, she was found guilty and sentenced to 90 days in jail, 30 months' probation (including conditions prohibiting use of alcohol and cannabis), a $5,000 fine, and required speaking engagements on distracted driving.
- Johnson appealed, challenging both the sufficiency of evidence on recklessness and the imposition of probation conditions regarding alcohol and cannabis in light of statutory amendments.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Sufficiency of Evidence for Reckless Homicide | Johnson’s conduct was reckless because she was speeding, using her phone, and not paying attention. | Johnson’s conduct was merely negligent, not reckless; thus, should only be convicted of lesser offense. | Evidence supported reckless homicide conviction; affirmed. |
| Application of New Sentencing Statute | Defendant was entitled to election under new law, which would prohibit courts from banning alcohol/cannabis use except in substance-related offenses. | Johnson was not advised of her right to be sentenced under new, more lenient statute. | Probation conditions prohibiting alcohol and cannabis use vacated; defendant entitled to benefit of new statute. |
Key Cases Cited
- People v. Brown, 2013 IL 114196 (standard for sufficiency of evidence review in criminal cases)
- People v. Smith, 191 Ill. 2d 408 (de novo review applies when only questions of law/statutory interpretation are at issue)
- People v. Jones, 2023 IL 127810 (question of recklessness is factual, not subject to de novo review)
- People v. Reding, 191 Ill. App. 3d 424 (recklessness in reckless homicide is a question of fact for trier of fact)
- People v. Dunnegan, 151 Ill. App. 3d 973 (deference to trier of fact on reckless homicide)