2013 IL App (5th) 120039
Ill. App. Ct.2013Background
- Defendant Olutosin Oduwole was charged with attempt (making a terrorist threat) and unlawful possession of a weapon on campus.
- Trial followed an ATF investigation arising after Virginia Tech shootings; a stipulation summarized those events for the jury.
- Defendant purchased multiple handguns online; transfer agent prepared background checks, but concerns about straw purchasing arose.
- A vehicle registered to the defendant was unattended on SIU‑Edwardsville campus; officers inventoried the car and found ammunition and a threat note.
- A note with threatening language was found on a paper in the vehicle and later linked to the defendant via handwriting evidence.
- Police later searched the defendant’s on‑campus apartment; numerous writings, computers, and a Jennings .25 pistol were seized.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether there was a substantial step toward a terrorist threat | Oduwole contends sufficient substantial step existed. | Oduwole contends acts were mere preparation, not a substantial step. | Not proven; conviction reversed. |
| Whether the search of the vehicle and related evidence was unlawfully obtained | State argues admissible under investigative routine. | Defendant argues search was improper without warrant. | Not reached; reversal on issue 1 renders consideration unnecessary. |
| Whether other challenged evidentiary items were admissible | State claims relevance of seized items. | Defendant challenges admissibility under multiple theories. | Not reached; court did not decide after reversing on substantial step. |
Key Cases Cited
- People v. Collins, 106 Ill.2d 237 (1985) (standard for sufficiency review in criminal cases)
- People v. Terrell, 99 Ill.2d 427 (1984) (guidance on inchoate offenses and substantial step analysis)
- People v. Smith, 148 Ill.2d 454 (1992) (case-by-case evaluation of substantial steps)
- People v. Paluch, 78 Ill.App.2d 356 (1966) (proximity to success in substantial step analysis)
- Virginia v. Black, 538 U.S. 343 (2003) (targeted communication and true threat doctrine)
- United States v. Cea, 914 F.2d 881 (7th Cir. 1990) (inchoate offenses and preemptive intervention considerations)
- People v. Thoma, 171 Ill.App.3d 313 (1988) (distinction between mere speech and substantive steps toward crime)