People v. Space

103 N.E.3d 1019 (2018)

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Nature of the Case

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Facts

D first walked to the table where Allen was sitting in a park. Shortly thereafter, Allen approached Barrow and said they should leave the park. D walked over to them and pulled out a silver handgun. While a few feet from Barrow, D pointed the gun at him and fired it. Allen ran and did not see whether Barrow had been struck. She heard five to six gunshots as she escaped. Allen saw only D with a gun that night. Thomas and Alexander hid under the table. Thomas and Alexander testified to D firing two more shots at that time. After shooting Barrow, D's gun jammed, and he began to walk away. D fired more shots into the air. As D walked away from him, Barrow walked toward Thomas. Thomas grabbed Barrow. Thomas pulled Alexander from under the table and held Barrow as they all went to a vehicle. Barrow had been shot in the chest and was bleeding 'real heavy.' Thomas testified that D pointed a gun 'directly at my way' and fired a shot. Thomas's leg 'gave out,' and he realized he had been shot. The bullet went through his hip and thigh. D was arrested in connection with the shootings of cousins Mitchell Barrow and Virgil Thomas. The shootings were witnessed by Allen, who was dating Barrow, and Alexander. D, the ex-boyfriend of Allen, twice shot Barrow and then, as Thomas assisted Barrow, shot Thomas. Barrow died from his injuries. Thomas survived. D was charged with 12 counts of first-degree murder as to Barrow, as well as two counts of attempt (first-degree murder), one count of aggravated battery with a firearm, and one count of aggravated battery as to Thomas. P tried D on a single count of first-degree murder where D 'without lawful justification shot and killed Barrow with a firearm during the commission of a forcible felony, to wit: aggravated battery with a firearm.' P argued that D committed the offense of aggravated battery with a firearm, and was subject to the felony murder rule. D committed an aggravated battery with a firearm upon Thomas and Barrow died during that course of events. The trial court instructed the jury as follows: 'A person commits the offense of first-degree murder when he kills an individual in performing the act which causes death he was committing the offense of aggravated battery with a firearm. A person commits the offense of aggravated battery with a firearm when he, by means of discharging of a firearm, knowingly causes injury to another person.' 'P must prove the following propositions: First, that D performed the act which caused the death of Barrow *** Second when D did so he was committing the offense of aggravated battery with a firearm.' D was convicted and appealed.