Defendant Charged with Aggravated Battery of a Police Officer Denied Appeal

An Illinois defendant was charged with aggravated battery of a police officer and resisting a police officer. The defendant alleged that the officer had no reason to arrest him and that his subsequent charge of resisting a police officer was the “fruit of the poisonous tree”. Fruit of the poisonous tree refers to any subsequent claim arising from an illegal arrest or police officer misconduct. The defendant tried to suppress evidence related to his arrest on those grounds.

The defendant’s defense counsel refused to argue the motion. The court ruled that any evidence stemming from the arrest was inadmissible on the basis that it was not relevant to the facts of the case. A trial court granted the state’s motion.

The prosecution moved to admit facts concerning the defendant’s prior three felonies as impeachment evidence if the defendant testified in the case. The defense moved to suppress his priors but the circuit court allowed the prosecution’s evidence to go through. The defendant never testified during the trial, so the prior three convictions were never introduced.

What happened? 

Two officers responded to a domestic disturbance. An officer testified that he and another officer were investigating an incident at a house in Lebanon. After speaking to two men at the scene, the officers believed that the defendant was involved. The officers went to a nearby house looking for the defendant. The defendant’s father answered the door and told police officers that his son was not home. When they heard the defendant’s father yelling at someone inside the house, they returned to the house. They heard the defendant’s voice through an open window in the home. The defendant’s father told police they needed a warrant to search his home. The officer yelled for the defendant to come to the door. The defendant responded and did come to the door. The officer explained that the defendant was a person of interest in the case. When the officer asked the defendant to come to the station for questioning, the defendant fled further into the home. The officer went in pursuit of the defendant. A fight broke out in the kitchen of the house and the defendant punched the police officer in the nose. The defendant was subdued when another officer tased him.

A jury convicted the defendant of aggravated battery of a police officer and resisting arrest. He was sentenced to five and a half years in prison. He appealed his conviction on the basis that the arresting officer had no authority to pursue him that day. However, the facts of the case didn’t add up in his favor. His petition was denied by the appellate court.

Talk to an Illinois Criminal Defense Attorney Today 

Patel Law, PC represents the interests of those who are charged with serious crimes in Illinois. Call our Decatur criminal defense lawyers today to schedule an appointment and we can begin preparing your defense right away.

Source:

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