People v. Opas
2025 IL App (1st) 250208
| Ill. App. Ct. | 2025Background
- Weston Opas was charged in Cook County with nine counts, including unlawful possession of a weapon by a felon (while possessing body armor), multiple sex offenses involving a 16-year-old, and violating sex offender registration requirements.
- He was originally detained after a search at his residence produced an assault rifle, body armor, ammunition, and the missing minor victim, whom he had solicited and transported from Massachusetts.
- Multiple pretrial hearings were held where the court consistently found that Opas posed a real and present threat to the community, emphasized by his inability to follow prior release conditions and ongoing criminal behavior.
- Defense motions for pretrial release challenged the factual basis for charges, the proportionality of penalties, and claimed the relevant statutes were unconstitutional (including Second Amendment and proportionality clauses).
- The trial court repeatedly denied pretrial release, finding by clear and convincing evidence that Opas committed the charged offenses, was dangerous, and that no condition could mitigate the threat.
- On appeal, the court conducted de novo review based on proffered evidence and affirmed the denial of pretrial release.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Pretrial detention—dangerousness | Opas is a real threat, history of noncompliance | Not a violent felon, community support, probation possible | Evidence supports clear danger; detention proper |
| Constitutionality of felon gun/armor statutes | Laws are constitutionally applied | Bars felons from arms is overbroad under 2A, disproportionate penalty | Constitutional; claims not persuasive |
| Proportionality of body armor penalty | Penalty fits legislative intent, not comparable | Simple possession, penalty disproportionate to firearm possession | No cross-comparison; penalty not disproportionate |
| Availability of release conditions | No combination can reliably ensure compliance | Could use monitoring, restrict net access, no visits | Defendant's history shows conditions inadequate |
Key Cases Cited
- People v. Morgan, 2025 IL 130626 (Illinois Supreme Court held de novo review is appropriate for proffer-based pretrial detention decisions; sets out relevant three-part test)
- People v. Sharpe, 216 Ill. 2d 481 (Illinois Supreme Court rejected cross-comparison of unrelated offenses for proportionality clause analysis; applies to challenge on body armor penalty)
- People v. Baker, 2023 IL App (1st) 220328 (upheld constitutionality of felon possession statutes with respect to the Second Amendment)
- Rowe v. Raoul, 2023 IL 129248 (discussed overhaul of Illinois's pretrial release law, context for the Pretrial Fairness Act)