People v. Ganaway

2025 IL App (5th) 250706-U
Appellate Court of Illinois·Decided December 4, 2025·No. 5-25-0706·Unpublished

Opinion

NOTICE

2025 IL App (5th) 250706-U NOTICE

Decision filed 12/04/25. The This order was filed under text of this decision may be NO. 5-25-0706 Supreme Court Rule 23 and is changed or corrected prior to the filing of a Petition for not precedent except in the

Rehearing or the disposition of IN THE limited circumstances allowed the same. under Rule 23(e)(1).

APPELLATE COURT OF ILLINOIS

FIFTH DISTRICT

THE PEOPLE OF THE STATE OF ILLINOIS, ) Appeal from the ) Circuit Court of

Plaintiff-Appellee, ) Jefferson County.

)

v. ) No. 25-CF-191 )

AMIL GANAWAY, ) Honorable ) Jerry E. Crisel,

Defendant-Appellant. ) Judge, presiding.

JUSTICE HACKETT delivered the judgment of the court.

Justices McHaney and Bollinger concurred in the judgment.

ORDER

¶1 Held: The trial court’s orders granting the State’s verified petition to deny pretrial release and denying the defendant’s motion for relief are affirmed.

¶2 Defendant Amil Ganaway appeals, pursuant to the Pretrial Fairness Act (725 ILCS 5/110- 1 et seq. (West 2024)), the order of the circuit court of Jefferson County, issued August 28, 2025, granting the State’s petition to deny pretrial release, as well as the court’s September 3, 2025, order denying his motion for relief and immediate release. Defendant argues that the State failed to present clear and convincing evidence that he posed a threat that no set of pretrial conditions could mitigate. For the following reasons, we affirm.

¶3 I. BACKGROUND ¶4 On August 25, 2025, defendant was charged with one count of aggravated discharge of a firearm and two counts of aggravated battery with a firearm, all Class X felonies. 720 ILCS 5/24- 1.2(a), 12-3(a)(1) (West 2024). The State filed a verified petition to deny pretrial release the same day, alleging that defendant committed a forcible felony, and that he posed a real and present threat to the safety of any person or persons or the community. The trial court held a hearing on the State’s petition on August 28, 2025. ¶5 A. Hearing on Petition to Deny Pretrial Release ¶6 The State presented its evidence by proffer. According to the State, Officer McDonald, of the Mt. Vernon Police Department, would testify about responding to a report of a vehicle collision and shots fired. According to the report, a silver Dodge pickup truck rear-ended a black Mazda van, pushing the van into the middle of the intersection. McDonald would testify that upon his arrival, he spoke with Alexis Neer, the driver of the Mazda van. She was with her two-year-old son, and she denied that anyone else had been in the van at the time of the incident. She also denied possessing a firearm. ¶7 Neer told McDonald that she had seen a man she knew to be Darin Carpenter driving a silver Dodge truck, carrying three or four passengers. She further stated that he struck her stationary vehicle and said, “Next time I see you, you’re going to get it.” Neer said that Carpenter had previously stolen money from her and that she had refused to engage in a physical relationship with him. Neer also mentioned to McDonald that defendant, her son’s father, was present at the time of the collision, although she did not say he was in the van with her. Upon searching Neer’s van, police found a wallet belonging to defendant.

¶8 The State further proffered that there were other witnesses who were identified at the scene who gave differing accounts of what happened, including one who told McDonald that he heard three or four gunshots and then observed a truck speeding away, and another witness who saw a man in a blue polo shirt running from the area after the shooting. McDonald found about 10 shell casings at the scene, as the location of the casings indicated that the shooter was standing outside the van rather than inside the truck. There were no bullet holes in the van. ¶9 The State next proffered that Officer Wilson, also of the Mt. Vernon Police Department, would testify that he responded to a 911 call placed by Darin Carpenter, who reported the shooting incident. In responding to the 911 call, Wilson arrived at a residential address in Mt. Vernon. There, he found the silver Dodge truck which had bullet holes indicating that the bullets went through the rear of the vehicle and exited through the front windshield. Wilson spoke with Carpenter, who said he had been driving the truck and sustained a graze wound to his head from the gunfire. Wilson took Carpenter’s statement. Carpenter maintained his innocence, stating that he had been shot at by an unknown male. Carpenter denied possessing a firearm. ¶ 10 Carpenter further told Wilson that Neer had been driving the black Mazda van past his house throughout that morning, with an unknown white male hanging out of the passenger window making statements such as, “I know where you live now, bitch.” According to Carpenter, the final time that the van drove by, he and two other individuals, Tony Conder and Jeremy Pedigo, got in the truck and pursued the van. Carpenter said that he struck the van because the male passenger exited with a firearm and began shooting at Carpenter’s vehicle. ¶ 11 Wilson also spoke with Conder, who had been riding in the front passenger seat of the truck. Conder told him that he saw a man exit the front passenger side of the black Mazda van and begin shooting at them, and that this shooting occurred before the truck made contact with the van.

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People v. Ganaway, 2025 IL App (5th) 250706-U (Ill. Ct. App. 2025).

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