People v. Kraft

133 Ill. App. 3d 294, 478 N.E.2d 1154 (1985)

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Nature of the Case

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Facts

The Grossi's were on their way home when they attempted to pass a truck that for no reason did not let them pass and forced them off the road. Shortly thereafter, Mr. Grossi saw the truck parked on the side of the road and stopped his car and approached the vehicle in his car. As his car pulled alongside, Kraft (D), the driver of the truck fired a shot over Grossi's car. Grossi who was 71 sped away and heard two or three more shots. A bullet was recovered from the trunk of Grossi's car. The police were summoned, and D shot at them. A chase and shootout continued until D surrendered when the tires of his truck were shot out, and a roadblock prevented any escape. D was charged with attempted murder. At trial expert testimony showed that D had a schizotypal personality disorder, was depressed and had a history of drug abuse. D testified that he was afraid when Grossi pulled alongside and only fired to scare Grossi off. D then testified that he only fired at the police because he was in shock over what he had done to Grossi and he just wanted to commit suicide by letting the police shoot him. D testified that he did not want to hurt anyone and had only fired in such a manner not to strike anyone. D's entire defense was predicated on the fact that he never intended to kill anyone. D was convicted and appealed.