2024 IL App (1st) 232149-U
Ill. App. Ct.2024Background
- Luzbel Victor Quiroz was arrested and charged with six counts of first-degree murder in Chicago in November 2020.
- Quiroz stayed in custody pretrial, repeatedly seeking release, all of which were denied, including after the implementation of Illinois' SAFE-T Act in September 2023.
- After the law changed, Quiroz sought pretrial release arguing under the amended Code of Criminal Procedure, which presumes release unless the state shows clear risk justifying continued detention.
- At the hearing, the state relied primarily on statements from Quiroz's mother, who claimed to have witnessed Quiroz just after the shooting and described circumstances linking him to the crime.
- Quiroz challenged the credibility of these statements, pointing out inconsistencies and lack of corroborating evidence, and asserted an alibi.
- The circuit court denied pretrial release, finding the state had shown by clear and convincing evidence that Quiroz committed a detainable offense and posed a threat, but did not address whether any conditions could mitigate that threat.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether State showed, by clear and convincing evidence, that Quiroz committed a detainable offense and posed a threat | State argued evidence (mainly mother's statement and recoveries from scene) was sufficient | Quiroz pointed to inconsistencies, intoxication, lack of corroborating evidence, and an alibi | Affirmed. Circuit court’s finding not against manifest weight of evidence |
| Whether the circuit court considered if conditions could mitigate threat | No argument on this point; the State conceded it was not addressed | Quiroz contended the circuit court failed to consider or make findings on alternatives to detention | Reversed and remanded for required written finding on less restrictive alternatives |
Key Cases Cited
(no cases with official reporter citations included in the decision text)