People v. O'Neal
2016 IL App (1st) 132284
| Ill. App. Ct. | 2016Background
- On May 29, 2010, at a street party on a one-way street, defendant Jauan O’Neal (acting as party “security”) fired multiple shots at a van traveling the wrong way; a bullet struck and killed his friend Darius Murphy, who was across the street.
- Defendant was charged with three forms of first-degree murder (intentional, strong-probability, and felony murder predicated on aggravated discharge of a firearm) and aggravated discharge of a firearm; the jury was instructed on self-defense and second-degree murder (imperfect self-defense) for intentional and strong-probability counts.
- The jury convicted O’Neal of felony murder, but reduced the intentional and strong-probability counts to second-degree murder (finding imperfect self-defense); jury also convicted him of aggravated discharge and found he personally discharged the fatal firearm.
- The trial court denied defense motions to dismiss the felony-murder count and refused proposed instructions on the “independent felonious purpose” / same-act issues; sentenced defendant on the felony-murder count to 70 years (plus firearm enhancement).
- On appeal the court considered whether aggravated discharge (the predicate felony) was inherent in the killing or whether the defendant had an independent felonious purpose separate from the killing, and whether permitting felony murder would nullify the second-degree murder statute.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether aggravated discharge could serve as predicate felony for felony murder | State: predicate felony (aggravated discharge) supports felony murder because defendant fired at occupied vehicle and death occurred during commission | O’Neal: the discharge was the same act that caused the death; using it as a predicate would nullify second-degree murder | Reversed felony-murder conviction: predicate felony was inherent in the killing and could not support felony murder here |
| Whether defendant had an independent felonious purpose separate from the killing | State: defendant shot at van (rival gang) — felonious purpose directed at van occupants, distinct from killing of bystander | O’Neal: intent in shooting at the van is not separable from the act that killed the bystander; felonious purpose was not independent | Court: no independent felonious purpose shown; felonious purpose could not be treated as distinct here |
| Whether jury instruction that a person committing aggravated discharge cannot claim justification/ self-defense was erroneous | State: instruction follows IPI and 720 ILCS 5/7-4(a); self-defense unavailable if committing forcible felony | O’Neal: instruction effectively prevented jury from considering self-defense for the shooting | Issue forfeited for appeal; instruction not erroneous because issues instruction required State to disprove justification, so no plain error |
| Whether inconsistent verdicts (felony murder and second-degree murder) required reversal/new trial | State: verdicts reflect different legal theories; felony murder proper | O’Neal: inconsistent because jury found imperfect self-defense for murder but convicted felony murder | Court: no need to reach inconsistency because felony-murder conviction reversed; second-degree murder stands |
Key Cases Cited
- People v. Morgan, 197 Ill. 2d 404 (Ill. 2001) (predicate felonies inherent in the murder cannot support felony murder)
- People v. Pelt, 207 Ill. 2d 434 (Ill. 2003) (predicate felony that is the same act as the killing cannot undergird felony murder)
- People v. Davis, 213 Ill. 2d 459 (Ill. 2004) (mob action could be predicate where distinct evidence supported predicate felony apart from murder)
- People v. Belk, 203 Ill. 2d 187 (Ill. 2003) (purpose of felony-murder statute is to deter violent forcible felonies and hold participants liable for deaths during them)
- People v. Davison, 236 Ill. 2d 232 (Ill. 2010) (reaffirmed need to consider whether predicate felony is inherent in the killing and whether defendant had independent felonious purpose)
- People v. Alejos, 97 Ill. 2d 502 (Ill. 1983) (armed-violence cannot be predicated on voluntary manslaughter because it would undermine the manslaughter scheme)
- People v. Drakeford, 139 Ill. 2d 206 (Ill. 1990) (state may not use certain predicate felonies to circumvent mitigated-homicide verdicts)
- People v. Dekens, 182 Ill. 2d 247 (Ill. 1998) (felony murder appropriate where intended victim mistakenly shoots and kills a bystander)
- People v. Toney, 337 Ill. App. 3d 122 (Ill. App. Ct.) (predicate discharge set in motion events that led to bystander’s death; felony murder proper)
- People v. McGee, 345 Ill. App. 3d 693 (Ill. App. Ct.) (affirmed felony murder where facts resembled Toney)
- People v. Figueroa, 381 Ill. App. 3d 828 (Ill. App. Ct.) (affirmed felony murder in gang-shooting context where predicate conduct distinct from bystander death)