People v. McLENNON
957 N.E.2d 1241
Ill. App. Ct.2011Background
- McLennon slept at Porter's Restaurant after long wakeful period and alcohol intake; he was taken to hospital after agitation and resistance; nurse DeCraene and security restrained him; hospital attached an EKG lead wire which McLennon allegedly broke; police arrested him for criminal damage to property after the incident; the State added a disorderly conduct count; trial court found him guilty on both counts and imposed supervision, community service, and various costs; on appeal McLennon contests self-defense applicability, sufficiency of the disorderly conduct proof, and Fund fines/bond fees.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether self-defense can be an affirmative defense to criminal damage to property | People argue self-defense applies to both counts | McLennon argues self-defense allowed against both offenses | Self-defense cannot be asserted for criminal damage to property (and not for either count) |
| Whether the evidence supports disorderly conduct beyond a reasonable doubt | People assert conduct met unreasonable, disturbing, and breach of peace elements | McLennon contends conduct did not breach peace or was reasonable | Evidence sufficient to prove disorderly conduct beyond a reasonable doubt |
| Whether Fund fines should be reduced and a bond fee vacated | People agree fines/bonds should be reduced | McLennon argues reduction/vacatur is appropriate | Fund fines reduced from $20 to $4 each; one 10% bond fee vacated; judgment affirmed as modified |
Key Cases Cited
- In re T.W., 381 Ill.App.3d 603 (Ill. App. 2d Dist. 2008) (self-defense under 7-1 applied outside offenses against a person (briefly))
- Brant, 394 Ill.App.3d 663 (Ill. App. 2d Dist. 2009) (self-defense not available to criminal trespass to residence; force must be directed at another)
- Grass, 126 Ill.App.3d 540 (Ill. App. 5th Dist. 1984) (self-defense limited by plain statute; not support when only property is targeted)
- Davis, 82 Ill.2d 534 (Ill. 1970) (breach of the peace can occur without public crowd; context matters)
- Albert, 243 Ill.App.3d 23 (Ill. App. 1st Dist. 1993) (disorderly conduct evaluated by surrounding circumstances; not limited to public)
- Suriwka, 2 Ill.App.3d 384 (Ill. App. 2d Dist. 1971) (unreasonableness of conduct assessed with context)
- Everette, 141 Ill.2d 147 (Ill. 1990) (defenses must be given where evidence supports)