2023 IL App (4th) 230854-U NOTICE FILED This Order was filed under November 29, 2023 Supreme Court Rule 23 and is NO. 4-23-0854 Carla Bender not precedent except in the limited circumstances allowed 4th District Appellate IN THE APPELLATE COURT Court, IL under Rule 23(e)(1).
OF ILLINOIS
FOURTH DISTRICT
THE PEOPLE OF THE STATE OF ILLINOIS, ) Appeal from the Plaintiff-Appellant, ) Circuit Court of v. ) Rock Island County JILVONTI BROOKSHAW, ) No. 23CF731 Defendant-Appellee. ) ) Honorable ) Frank R. Fuhr, ) Judge Presiding.
JUSTICE TURNER delivered the judgment of the court. Justices Doherty and Knecht concurred in the judgment.
ORDER
¶1 Held: The circuit court’s denial of the State’s request for defendant’s pretrial detention was proper.
¶2 The State appeals the Rock Island County circuit court’s September 22, 2023,
order denying its request for the pretrial detention of defendant, Jilvonti Brookshaw, under
section 110-6.1(a)(1.5) of the Code of Criminal Procedure of 1963 (Procedure Code) as amended
by Public Acts 101-652, § 10-255 and 102-1104, § 70 (eff. Jan. 1, 2023) (725 ILCS
5/110-6.1(a)(1.5) (West 2022)). On appeal, the State argues (1) aggravated battery of a peace
officer is a forcible felony, (2) it showed defendant posed a real and present threat to the safety
of the community, and (3) no condition or combination of conditions could mitigate that threat.
We affirm.
¶3 I. BACKGROUND ¶4 On September 21, 2023, the State charged defendant by information with three
counts of aggravated battery of a peace officer (720 ILCS 5/12-3.05(d)(4) (West 2022)) for his
actions on September 20, 2023. Count I alleged defendant knowingly caused bodily harm to
Jeffrey Ronk, a Rock Island police officer, while Ronk was performing his official duties, in that
defendant pulled Ronk’s handcuffs from his hand causing injury to Ronk’s hand. Ronk was also
the victim in count II which asserted defendant knowingly made contact of an insulting or
provoking nature with Ronk in that defendant struck Ronk on the head. Lastly, count III
contended defendant knowingly made contact of an insulting or provoking nature with Tyler
Anast-Schneider, a Rock Island police officer, while Anast-Schneider was performing his
official duties, in that defendant pushed against the bill of Anast-Schneider’s hat with enough
force that it forced Anast-Schneider’s head back.
¶5 The September 21, 2023, pretrial release report noted defendant refused to
participate in the interview. It stated defendant had prior convictions for burglary, residential
burglary, manufacturing or delivering 115 grams of cocaine, and extortion. Given defendant did
not participate in the interview, the report did not make a recommendation regarding whether
defendant should receive pretrial release.
¶6 Also, on September 21, 2023, the State filed a petition to deny defendant pretrial
release and asserted defendant should be detained under section 110-6.1(a)(1.5) of the Procedure
Code (725 ILCS 5/110-6.1(a)(1.5) (West 2022)). The petition also noted defendant’s criminal
history and asserted the incident underlying the charges began when defendant threatened to
physically harm another customer in a store. He then refused to leave the premises and waited
for the other customer to exit the store. Even when the police officers arrived, defendant
continued to refuse to leave and then physically battered the officers. The factual basis in
-2- support of pretrial detention stated officers were dispatched to a 7-Eleven convenience store to
remove an unwanted subject. When the officers arrived, they observed defendant standing in
front of the store’s doors. Officer Anast-Schneider spoke with the store’s clerk, who stated
defendant had paid for gas but would not pump the gas or take a refund. Officer Anast-
Schneider then advised defendant he needed to leave, and defendant responded, “ ‘Whatchu
going to do?’ ” The officer escorted defendant to his vehicle, but defendant kept turning around
to confront the officer. At one point, defendant turned around and pushed his forehead into the
bill of Officer Anast-Schneider’s hat hard enough to force the officer’s head back. Officer
Anast-Schneider pushed defendant back, and defendant grabbed the officer’s arm. Defendant
threatened the officer, saying he would “ ‘break [his] face.’ ” Officer Ronk arrived and
attempted to handcuff defendant, but defendant grabbed the handcuffs out of Officer Ronk’s
hand causing an abrasion to Officer Ronk’s hand. Both officers then tried to control defendant,
but defendant was able to break free and use his hand to strike Officer Ronk on the head.
Defendant later admitted he was waiting outside of 7-Eleven because “he wanted to slap
Cammeron Ford for being a ‘dick.’ ” The officers then spoke to Ford, who explained a vehicle
pulled out abruptly from the pumps and almost struck his car. Ford told the driver to watch
where he was going. Defendant approached Ford, and said, “ ‘Say I won’t do something.’ ”
Defendant then told Ford multiple times he would “ ‘slap the s*** out of [him].’ ” The store
clerk had seen the argument and had allowed Ford to wait inside the store until defendant left,
but defendant refused to leave.
¶7 On September 22, 2023, the circuit court held the detention hearing. The State
argued defendant’s pretrial release posed a real and present threat to the safety of any person or
the community and the charges were detainable ones. The only new information the State
-3- presented was defendant also had a conviction for resisting arrest. Defense counsel argued
defendant was not charged with a detainable offense and the charges did not allege the threat or
infliction of great bodily harm. The court found the charges did not allege great bodily harm and
denied the State’s request for detention. It entered a written conditions of pretrial release order
which found defendant was not charged with a detention eligible offense. The court also entered
a supplemental order for electronic monitoring.
¶8 That same day, the State filed a timely notice of appeal in sufficient compliance
with Illinois Supreme Court Rule 604(h)(2) (eff. Sept. 18, 2023). Thus, this court has
jurisdiction of defendant’s appeal under Rule 604(h).
¶9 II. ANALYSIS
¶ 10 The State challenges the circuit court’s denial of its request to detain defendant.
Defendant contends the court’s finding was proper. We review the court’s finding on a request
for pretrial detention under the abuse of discretion standard. People v. Inman, 2023 IL App (4th)
230864, ¶ 11. A circuit court abuses its discretion when its decision is “arbitrary, fanciful or
unreasonable, or where no reasonable person would agree with the position adopted by the
[circuit] court.” (Internal quotation marks omitted.) Inman, 2023 IL App (4th) 230864, ¶ 10. To
the extent our analysis involves statutory construction, we review that matter de novo. People v.
Lane, 2023 IL 128269, ¶ 10.
¶ 11 The State first contends the circuit court erred by finding the charges in this case
were not detainable ones under section 110-6.1(a)(1.5) of the Procedure Code (725 ILCS 5/110-
6.1(a)(1.5) (West 2022)). That section provides the following:
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2023 IL App (4th) 230854-U NOTICE FILED This Order was filed under November 29, 2023 Supreme Court Rule 23 and is NO. 4-23-0854 Carla Bender not precedent except in the limited circumstances allowed 4th District Appellate IN THE APPELLATE COURT Court, IL under Rule 23(e)(1).
OF ILLINOIS
FOURTH DISTRICT
THE PEOPLE OF THE STATE OF ILLINOIS, ) Appeal from the Plaintiff-Appellant, ) Circuit Court of v. ) Rock Island County JILVONTI BROOKSHAW, ) No. 23CF731 Defendant-Appellee. ) ) Honorable ) Frank R. Fuhr, ) Judge Presiding.
JUSTICE TURNER delivered the judgment of the court. Justices Doherty and Knecht concurred in the judgment.
ORDER
¶1 Held: The circuit court’s denial of the State’s request for defendant’s pretrial detention was proper.
¶2 The State appeals the Rock Island County circuit court’s September 22, 2023,
order denying its request for the pretrial detention of defendant, Jilvonti Brookshaw, under
section 110-6.1(a)(1.5) of the Code of Criminal Procedure of 1963 (Procedure Code) as amended
by Public Acts 101-652, § 10-255 and 102-1104, § 70 (eff. Jan. 1, 2023) (725 ILCS
5/110-6.1(a)(1.5) (West 2022)). On appeal, the State argues (1) aggravated battery of a peace
officer is a forcible felony, (2) it showed defendant posed a real and present threat to the safety
of the community, and (3) no condition or combination of conditions could mitigate that threat.
We affirm.
¶3 I. BACKGROUND ¶4 On September 21, 2023, the State charged defendant by information with three
counts of aggravated battery of a peace officer (720 ILCS 5/12-3.05(d)(4) (West 2022)) for his
actions on September 20, 2023. Count I alleged defendant knowingly caused bodily harm to
Jeffrey Ronk, a Rock Island police officer, while Ronk was performing his official duties, in that
defendant pulled Ronk’s handcuffs from his hand causing injury to Ronk’s hand. Ronk was also
the victim in count II which asserted defendant knowingly made contact of an insulting or
provoking nature with Ronk in that defendant struck Ronk on the head. Lastly, count III
contended defendant knowingly made contact of an insulting or provoking nature with Tyler
Anast-Schneider, a Rock Island police officer, while Anast-Schneider was performing his
official duties, in that defendant pushed against the bill of Anast-Schneider’s hat with enough
force that it forced Anast-Schneider’s head back.
¶5 The September 21, 2023, pretrial release report noted defendant refused to
participate in the interview. It stated defendant had prior convictions for burglary, residential
burglary, manufacturing or delivering 115 grams of cocaine, and extortion. Given defendant did
not participate in the interview, the report did not make a recommendation regarding whether
defendant should receive pretrial release.
¶6 Also, on September 21, 2023, the State filed a petition to deny defendant pretrial
release and asserted defendant should be detained under section 110-6.1(a)(1.5) of the Procedure
Code (725 ILCS 5/110-6.1(a)(1.5) (West 2022)). The petition also noted defendant’s criminal
history and asserted the incident underlying the charges began when defendant threatened to
physically harm another customer in a store. He then refused to leave the premises and waited
for the other customer to exit the store. Even when the police officers arrived, defendant
continued to refuse to leave and then physically battered the officers. The factual basis in
-2- support of pretrial detention stated officers were dispatched to a 7-Eleven convenience store to
remove an unwanted subject. When the officers arrived, they observed defendant standing in
front of the store’s doors. Officer Anast-Schneider spoke with the store’s clerk, who stated
defendant had paid for gas but would not pump the gas or take a refund. Officer Anast-
Schneider then advised defendant he needed to leave, and defendant responded, “ ‘Whatchu
going to do?’ ” The officer escorted defendant to his vehicle, but defendant kept turning around
to confront the officer. At one point, defendant turned around and pushed his forehead into the
bill of Officer Anast-Schneider’s hat hard enough to force the officer’s head back. Officer
Anast-Schneider pushed defendant back, and defendant grabbed the officer’s arm. Defendant
threatened the officer, saying he would “ ‘break [his] face.’ ” Officer Ronk arrived and
attempted to handcuff defendant, but defendant grabbed the handcuffs out of Officer Ronk’s
hand causing an abrasion to Officer Ronk’s hand. Both officers then tried to control defendant,
but defendant was able to break free and use his hand to strike Officer Ronk on the head.
Defendant later admitted he was waiting outside of 7-Eleven because “he wanted to slap
Cammeron Ford for being a ‘dick.’ ” The officers then spoke to Ford, who explained a vehicle
pulled out abruptly from the pumps and almost struck his car. Ford told the driver to watch
where he was going. Defendant approached Ford, and said, “ ‘Say I won’t do something.’ ”
Defendant then told Ford multiple times he would “ ‘slap the s*** out of [him].’ ” The store
clerk had seen the argument and had allowed Ford to wait inside the store until defendant left,
but defendant refused to leave.
¶7 On September 22, 2023, the circuit court held the detention hearing. The State
argued defendant’s pretrial release posed a real and present threat to the safety of any person or
the community and the charges were detainable ones. The only new information the State
-3- presented was defendant also had a conviction for resisting arrest. Defense counsel argued
defendant was not charged with a detainable offense and the charges did not allege the threat or
infliction of great bodily harm. The court found the charges did not allege great bodily harm and
denied the State’s request for detention. It entered a written conditions of pretrial release order
which found defendant was not charged with a detention eligible offense. The court also entered
a supplemental order for electronic monitoring.
¶8 That same day, the State filed a timely notice of appeal in sufficient compliance
with Illinois Supreme Court Rule 604(h)(2) (eff. Sept. 18, 2023). Thus, this court has
jurisdiction of defendant’s appeal under Rule 604(h).
¶9 II. ANALYSIS
¶ 10 The State challenges the circuit court’s denial of its request to detain defendant.
Defendant contends the court’s finding was proper. We review the court’s finding on a request
for pretrial detention under the abuse of discretion standard. People v. Inman, 2023 IL App (4th)
230864, ¶ 11. A circuit court abuses its discretion when its decision is “arbitrary, fanciful or
unreasonable, or where no reasonable person would agree with the position adopted by the
[circuit] court.” (Internal quotation marks omitted.) Inman, 2023 IL App (4th) 230864, ¶ 10. To
the extent our analysis involves statutory construction, we review that matter de novo. People v.
Lane, 2023 IL 128269, ¶ 10.
¶ 11 The State first contends the circuit court erred by finding the charges in this case
were not detainable ones under section 110-6.1(a)(1.5) of the Procedure Code (725 ILCS 5/110-
6.1(a)(1.5) (West 2022)). That section provides the following:
“[T]he defendant’s pretrial release poses a real and present threat to the safety of
any person or persons or the community, based on the specific articulable facts of
-4- the case, and the defendant is charged with a forcible felony, which as used in this
Section, means treason, first degree murder, second degree murder, predatory
criminal sexual assault of a child, aggravated criminal sexual assault, criminal
sexual assault, armed robbery, aggravated robbery, robbery, burglary where there
is use of force against another person, residential burglary, home invasion,
vehicular invasion, aggravated arson, arson, aggravated kidnaping, kidnaping,
aggravated battery resulting in great bodily harm or permanent disability or
disfigurement or any other felony which involves the threat of or infliction of
great bodily harm or permanent disability or disfigurement.” 725 ILCS 5/110-
6.1(a)(1.5) (West 2022).
The provision requires the defendant to be charged with a forcible felony and then defines what a
forcible felony is for purposes of the provision. As such, we do not look to other statutory
provisions to define “forcible felony.”
¶ 12 Here, the State charged defendant with aggravated battery of a peace officer. The
provision provides aggravated battery is a forcible felony when it results “in great bodily harm or
permanent disability or disfigurement.” 725 ILCS 5/110-6.1(a)(1.5) (West 2022). As the circuit
court noted, the State’s charges did not allege the victims suffered great bodily harm or
permanent disability or disfigurement. The only alleged injury was to Officer Ronk’s hand. The
State did not present any evidence the injury to Officer Ronk’s hand was a significant injury.
¶ 13 The State argues the charges in this case fall under the “any other felony which
involves the threat of or infliction of great bodily harm or permanent disability or disfigurement”
language. 725 ILCS 5/110-6.1(a)(1.5) (West 2022). We disagree. The provision states “any
other felony” after specifically identifying 18 felonies. (Emphasis added.) 725 ILCS 5/110-
-5- 6.1(a)(1.5) (West 2022). Such language indicates the legislature intended the “other felony”
language to refer to felonies not previously identified. Since aggravated battery resulting in
certain categories of injuries was identified, an aggravated battery not resulting in such injuries
cannot fall under the “other felony” language.
¶ 14 In support of its argument an aggravated battery charge could fall under the “other
felony” language, the State cites the decisions of People v. Hall, 291 Ill. App. 3d 411, 417-18,
683 N.E.2d 1274, 1278 (1997), and People v. Jones, 226 Ill. App. 3d 1054, 1056, 590 N.E.2d
101, 103 (1992), which found an aggravated battery could fall under the “other felony” language
of what is now section 2-8 of the Criminal Code of 2012 (720 ILCS 5/2-8 (West 2022)) even
though aggravated battery was one of the listed felonies. However, this court reached the
opposite conclusion in In re Rodney S., 402 Ill. App. 3d 272, 286-87, 932 N.E.2d 588, 601-02
(2010), finding the “other felony” language of section 2-8 referred to felonies not previously
specified in the preceding list of felonies set forth in that section.
¶ 15 Accordingly, we find the circuit court properly found defendant was not charged
with a forcible felony and thus could not be detained under section 110-6.1(a)(1.5) of the
Procedure Code which was the only statutory basis the State asserted for defendant’s detention.
Given our conclusion, we do not address the State’s other arguments.
¶ 16 III. CONCLUSION
¶ 17 For the reasons stated, we affirm the Rock Island County circuit court’s judgment.
¶ 18 Affirmed.
-6-