People v. Dekens

695 N.E.2d 474 (1998)

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People v. Dekens

Illinois Supreme Court
695 N.E.2d 474 (1998)

Facts

An undercover police officer arranged to buy drugs from Pecchenino and Dekens (defendant). Pecchenino and Dekens planned to rob the officer during the transaction, however. During the exchange, Dekens pointed a shotgun at the undercover officer and threatened him. The officer fired his gun at Dekens and attempted to leave. Pecchenino then grabbed the officer, and the officer shot him. Pecchenino later died of his wounds. Dekens was charged with first-degree felony murder for Pecchenino’s death, as well as other charges. Dekens filed a motion to dismiss the murder charge because Pecchenino was a co-felon in the underlying felony. The trial court granted the motion, holding that a defendant could not be held liable for felony murder for the death of a co-felon if the act causing the death was not done in furtherance of the common design of the felony. The prosecution appealed. The appellate court affirmed the trial court’s ruling, holding that liability under the felon-murder rule only extended to innocent victims. The prosecution appealed.

Rule of Law

Issue

Holding and Reasoning (Miller, J.)

Dissent (Heiple, J.)

Dissent (Bilandic, J.)

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