People v. Romine
2024 IL App (4th) 240321
Ill. App. Ct.2024Background
- Defendant Richard D. Romine was charged with first-degree murder after shooting his mother, Donna Romine, in April 2023, allegedly following a confrontation involving a knife.
- Defendant had no significant criminal history and had a background in firearms training, including training law enforcement officers.
- After the incident, Romine left the scene, attempted to mislead officers about his mother's whereabouts, tried to destroy his phone, and fled from police, ultimately being apprehended with a loaded rifle in his vehicle.
- Originally held on a $2 million bail, Romine sought reconsideration of his continued detention after the Pretrial Fairness Act abolished monetary bail in Illinois, shifting the legal standard for pretrial release.
- The trial court denied Romine’s motion for pretrial release, finding the State had met its burden to prove dangerousness and that no conditions could sufficiently mitigate the threat he posed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Sufficiency of Evidence for Detention | State presented clear, convincing evidence of dangerousness and risk unmitigable by conditions | Romine’s actions stemmed from self-defense; no ongoing danger to community; no evidence he is a continuing threat | Trial court did not abuse discretion; evidence sufficient for continued detention |
| Impact of Self-Defense Affirmative Defense | Not dispositive at pretrial stage; conduct and subsequent actions undermine claim | Self-defense claim is supported by evidence, so proof is not evident/great | Affirmative defense did not negate proof or justify release |
| Whether Single Violent Act Justifies Detention | Serious, violent conduct—especially combined with post-act behavior—justifies detention even if isolated | Single, non-pattern violent act does not establish unmitigable danger | Single incident can justify detention if supported by record facts |
| Consideration of Conditions for Release | State showed no condition would reasonably assure public safety | State failed to demonstrate that no combination of conditions could mitigate risk | Record supports finding that no conditions could mitigate risk to community |
Key Cases Cited
- Rowe v. Raoul, 2023 IL 129248 (addressed effective date and scope of Pretrial Fairness Act)
- People v. Washington, 2012 IL 110283 (set out requirements for self-defense jury instruction and burdens)
- People v. Stock, 2023 IL App (1st) 231753 (bare allegations insufficient; more required to prove unmitigable danger)
- People v. Morgan, 2024 IL App (4th) 240103 (standard of review for pretrial release decisions)
- People v. Inman, 2023 IL App (4th) 230864 (declined to reach undeveloped argument on appeal)
- People v. Atterberry, 2023 IL App (4th) 231028 (fact of charge alone insufficient for detention)