2021 IL App (1st) 181266
Ill. App. Ct.2021Background
- Defendant Joey Jones was charged with attempted first-degree murder and aggravated battery with a firearm for shooting Brion Payne on April 1, 2014; jury convicted and sentenced Jones to 45 years (20 years + firearm enhancement).
- Surveillance video showed Jones retrieve a gun, run up behind Payne, place the gun inches from the back of Payne’s head and shoot him; Payne survived but suffered severe injuries.
- Jones testified he acted in self-defense (or out of an unreasonable belief in the need for self-defense) after Payne threatened to “get his gun”; Payne testified the shooting was unprovoked.
- The jury rejected Jones’s self-defense claim and found he had the specific intent to kill when he shot Payne.
- During voir dire the State used all three of its peremptory strikes against Black venirepersons; the trial court denied Jones’s Batson challenge for failure to make a prima facie showing of discrimination.
- The appellate court affirmed the conviction (sufficiency of evidence) but found the trial court’s Batson step-one ruling was against the manifest weight of the evidence and remanded for Batson step two (and, if needed, step three).
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Sufficiency of evidence / intent to kill and effect of an "unreasonable" self-defense belief | Video and witness evidence permitted the jury to reject self-defense and find specific intent to kill; attempted first-degree murder stands. | Even if belief was unreasonable, that would only mitigate to second-degree murder if completed; attempted second-degree murder does not exist in Illinois, so conviction should not stand. | Affirmed: Viewing evidence in State’s favor, a rational jury could reject Jones’s story; video shows aiming at head inches away; sufficient evidence of intent to kill. |
| Batson challenge — whether trial court collapsed stages or erred at step one | Trial court properly found no prima facie case; procedure did not collapse Batson steps. | The State struck three Black veniremembers (100% of its strikes); the stricken group was heterogeneous except for race; defendant made a prima facie showing. | Partially reversed/remanded: Court held trial judge did not collapse steps but erred in finding no prima facie case; remand for Batson step two (and step three if needed); appellate court retains jurisdiction. |
Key Cases Cited
- Batson v. Kentucky, 476 U.S. 79 (establishing three-step Batson framework and prohibiting race-based peremptory strikes)
- Flowers v. Mississippi, 139 S. Ct. 2228 (reinforcing strict enforcement of Batson principles)
- People v. Williams, 173 Ill. 2d 48 (factors for evaluating prima facie Batson showing)
- People v. Davis, 231 Ill. 2d 349 (describing Batson step structure under Illinois law)
- People v. Lopez, 166 Ill. 2d 441 (holding attempted second-degree murder is not a cognizable offense)
- People v. Ephraim, 323 Ill. App. 3d 1097 (firing a gun at a person supports inference of intent to kill)
- People v. Mosley, 85 Ill. App. 3d 870 (distance and shooting facts supporting intent to kill)
- People v. Gannon, 213 Ill. App. 3d 560 (standard of review for sufficiency and rejecting affirmative defenses)
- People v. Tipton, 78 Ill. 2d 477 (same)