2024 IL App (1st) 220897-U
FIFTH DIVISION February 9, 2024
No. 1-22-0897
NOTICE: This order was filed under Supreme Court Rule 23 and is not precedent except in the limited circumstances allowed under Rule 23(e)(1).
IN THE APPELLATE COURT OF ILLINOIS FIRST JUDICIAL DISTRICT
) Appeal from the THE PEOPLE OF THE STATE OF ILLINOIS, ) Circuit Court of ) Cook County. Plaintiff-Appellee, ) ) No. 12550182 v. ) ) Honorable ALEXANDER MURRAY, ) Lindsay Huge, ) Judge Presiding. Defendant-Appellant. )
JUSTICE MIKVA delivered the judgment of the court. Presiding Justice Mitchell and Justice Lyle concurred in the judgment.
ORDER
¶1 Held: Where the parties agree that the trial court applied the wrong burden of proof at defendant’s trial, but where the evidence presented was sufficient to support a finding of guilt beyond a reasonable doubt, defendant’s conviction is reversed, and this matter is remanded for a new trial.
¶2 Following a bench trial, defendant Alexander Murray was convicted of failure to reduce
speed to avoid an accident, a petty traffic offense. The lawyers for both sides, as well as the trial
court judge, incorrectly believed that the State was required to prove the elements of that offense
by a preponderance of the evidence. No. 1-22-0897
¶3 On appeal, the parties agree that the correct burden of proof was beyond a reasonable doubt
and that Mr. Murray’s conviction cannot stand. The State urges us to remand this matter for a new
trial because the evidence was sufficient to support a finding of guilt under the more stringent
reasonable doubt standard. Mr. Murray asks us to reverse his conviction outright. He insists that
the trial court made an express finding that the State failed to meet this higher standard and that,
in any event, the evidence was not sufficient to find him guilty beyond a reasonable doubt. For the
reasons that follow, we agree with the State and reverse and remand this matter for a new trial.
¶4 I. BACKGROUND
¶5 In connection with a fatal accident on July 21, 2018, Mr. Murray received a citation, under
section 11-601(a) of the Illinois Vehicle Code (625 ILCS 5/11-601(a) (West 2016)), for “driving
too fast for conditions; or failure to reduce speed to avoid an accident.” The citation noted that the
accident took place at 9:15 p.m. on the off-ramp to California Avenue from southbound Interstate
90, and that road conditions were wet, with visibility described as “night, rain.”
¶6 Mr. Murray waived his right to a trial by jury and a bench trial was held on March 2, 2022.
¶7 David Templeton testified that he, his wife, and his mother were traveling back into the
city from the suburbs at approximately 9:15 p.m. on July 21, 2018. When asked about the
conditions that night, Mr. Templeton said, “the sun was starting to set, if not probably dusk,” and
there were “sort of scattered showers.” Mr. Templeton was driving, and when he took the exit for
California Avenue, he saw a man who had apparently had an accident and was lying on the ground
in the middle of the ramp, about five feet away from a motorcycle, which was lying on the right
shoulder line. Mr. Templeton pulled his car, a four-door sedan, to the left side of the ramp—
approximately 100 yards from the highway but still behind the man—and put his hazard lights on.
Mr. Templeton explained that there was a steep incline to the shoulder, so he could not pull off the
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road completely; his car was sticking over the line about 1/8 of the way into the single lane of
traffic. He believed, however, that there was still “plenty of room on the right side,” such that a
driver approaching his vehicle would not have had to swerve to avoid hitting him.
¶8 While still in his car, Mr. Templeton made eye contact with the man in the road, whom he
described as “discombobulated.” Mr. Templeton exited his vehicle and went around to the front of
it to check on the man. When he was “maybe 5 feet” away, “a Tahoe or a Suburban came and hit
[the man] and ran over his motorcycle.” Mr. Templeton testified that this took place at the top of
the inclined exit ramp, “before it start[ed] to descend down to the [traffic] light” at California
Avenue.
¶9 Mr. Templeton was shown a photograph and agreed that it was a true and accurate depiction
of the exit ramp. He was able to place markers on the photo showing where his car, the man, and
the motorcycle were that night. Although the headlights of Mr. Templeton’s car illuminated the
road ahead, he was not sure if the light illuminated the man in the road because his car was over
to the left with its lights shining parallel to the ramp while the man was to the right. He did,
however, describe the area as well-lit by nearby streetlights.
¶ 10 Mr. Templeton testified that he was driving at what he felt was a safe speed that day. He
knew the road could be slippery following a light rain.
¶ 11 When he exited his car to check on the man in the road, Mr. Templeton did not look to see
if a car was coming because he assumed that, with his car pulled over with its hazard lights on and
the motorcycle lying on the ground, any driver traveling along the ramp would stop. Mr. Templeton
therefore did not see the SUV until it made contact with the man. He estimated that it was going
35 to 40 miles-per-hour at that point. Mr. Templeton heard no screeching tires and saw no skid
marks in the road. He did not see the SUV swerve or attempt to swerve but he could not say
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whether it had done so before it came into his line of sight. He watched as the SUV first ran over
the man and then ran over his motorcycle.
¶ 12 Mr. Templeton explained that he was in a state of disbelief. When he realized the SUV was
not stopping, he began to chase it down the ramp, screaming, “[S]top your car! Stop your car!” He
chased it 30 to 40 yards down the hill, all the way to the stoplight. The windows of the SUV were
down, and there were two men inside. The driver, whom Mr. Templeton identified in court as Mr.
Murray, looked at him and said, “[D]ude, I am stopped,” at which point Mr. Templeton told him,
“[T]here is a guy under your F-ing car.” Mr. Templeton then looked under the car and saw that the
man “was sort of bent at the hip underneath [there], and his eyes were open and he sort of gasped.”
¶ 13 Mr. Templeton acknowledged on cross-examination that he did not tell the officer at the
scene how fast he thought Mr. Murray’s vehicle was going; he did not remember being asked that
question. He also did not tell the officer that he had not heard screeching tires. He acknowledged
that he could not say whether Mr. Murry had tried to brake prior to colliding with the motorcyclist.
¶ 14 Carolina Soto testified that, at 9:15 p.m. on July 21, 2018, she was working as a server at
the IHOP at California and Diversey Avenues. She went outside for a cigarette break and heard a
loud noise and people screaming. She ran over to the off-ramp to see what had happened and saw
people running toward a beige Tahoe and telling the driver to stop. Ms. Soto got to the vehicle first
and told the driver, whom she identified in court as Mr. Murray, that there was somebody under
his car. The windows of the Tahoe were down, and loud music was coming from inside. Ms. Soto
said Mr. Murray “looked like he was kind of shocked” and “kind of looked spaced out.” He “said
that he was the designated driver, and his friend [had been] drinking.” Ms. Soto testified that when
she looked under the car, “the back of [the man’s] head was touching the back of his feet,” so “he
was like squished inside.”
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¶ 15 Ms. Soto said she had an opportunity to see the entire road after the accident and did not
recall seeing skid marks, though she added that she “[didn’t] remember that part honestly.” Ms.
Soto was shown the same photograph of the area (with Mr. Templeton’s indicators removed) and
pointed out where the Tahoe had come to a stop.
¶ 16 On cross-examination, Ms. Soto agreed that she did not see the motorcycle accident. Nor
did she see the Tahoe strike the motorcyclist or motorcycle. By the time she got there, there were
“people not aware of the situation still coming down the ramp slowly.” When asked if she knew
how fast the Tahoe was going, Ms. Soto said it was going “pretty fast” and that it only began to
slow down when onlookers started screaming at the driver. She acknowledged that she did not
know if Mr. Murray had tried to brake earlier as he came down the ramp.
¶ 17 On redirect, defense counsel asked Ms. Soto if she could quantify the Tahoe’s speed. The
court interjected at this point, saying, “If I may, she has been asked this question by both Parties,
but you understand what she is answering is what she knows and is not the speed o[f] the impact,
right?” Counsel agreed, and Ms. Soto said, “Maybe like 15 miles-an-hour or something like that.”
She explained that Mr. Murray “was coming fast and then he started slowing down.”
¶ 18 The State entered into evidence a digital copy of the photograph shown to the witnesses at
trial (without the witnesses’ position markers) and then rested its case.
¶ 19 The court denied defense counsel’s motion for a directed finding, and the defense rested
without presenting evidence.
¶ 20 In its closing argument, the State portrayed this as “a tale of two motorists,” with Mr.
Templeton as the “ideal” motorist and Mr. Murray as the motorist who had failed to exercise due
care. The assistant state’s attorney explained that it did not matter how fast Mr. Murray was
actually going, saying:
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“It doesn’t matter how fast the Defendant was going at this time. It really doesn’t. He could
[have been] going any speed, Judge, because when you have these conditions, light rain,
darkness, a person in the road, the reasonable speed is zero. You stop. You don’t just keep
on going. You don’t swerve by a car that has it’s hazard lights on and just cross your fingers
and hope everything is okay at the end of the road.
This Defendant ignored all of that. Unreasonably came and hit this person in the
road, dragged him down the road, and didn’t stop until people had to come out and yell and
wave at him.”
¶ 21 Defense counsel argued that Mr. Murray did not see the motorcyclist “because Mr.
Templeton put himself in the way.” This prompted an exchange with the judge, who noted that the
place on the photograph where Mr. Templeton’s car was supposed to have been was to the left of
where the motorcyclist was lying in the road. Counsel then argued that in order to avoid hitting
Mr. Templeton’s car, Mr. Murray had had to swerve to the right, causing him to make contact with
the motorcyclist. Counsel argued that a failure to reduce speed could not be inferred here simply
because there was a collision and faulted the State for failing to show how fast Mr. Murray was
going at the time of the collision.
¶ 22 In rebuttal, the State argued that the impact of running over a person and a motorcycle
would be felt inside a vehicle, and the fact that Mr. Murray did not stop but continued to go down
the road and drag the victim was “circumstantial evidence that he was going at a high rate of
speed.”
¶ 23 The court found Mr. Murray guilty as charged. The judge explained: “I can not [sic] find
any other result in a finding of guilty for this offense by upon preponderance of the evidence, even
certainly if there is a reasonable doubt.” The judge also said she was “thankful that Mr. Templeton
6 No. 1-22-0897
did not enter the middle of that roadway” because “the way Mr. Murray was driving,” it “seem[ed]
tht [sic] there [was] nothing apparent for Mr. Murray to stop.”
¶ 24 Mr. Murray’s motion for a new trial was denied on April 15, 2022. In ruling on the motion,
the court noted that section 11-601(b) of the Code “really addresses two different potential
violations,” driving too fast for conditions and failing to reduce speed when there is a hazard in
the road. For the latter, the court explained, speed was “indeterminate.” The State’s failure to
quantify Mr. Murray’s actual rate of speed did not matter because he “failed to reduce speed given
what was in the road”—namely, “a car with the hazard lights on, a person walking in front of that
car, a body laying in the middle of the road, and a motorcycle on its side, on the right side of the
lane.” The court noted that, without the benefit of another vehicle’s hazard lights, Mr. Templeton
had “stopped his car, turned on his hazard lights, [and] got out to check the scene,” indicating to
the court that there was a hazard in the road that a reasonable observer should have seen and
appreciated.
¶ 25 The trial court sentenced Mr. Murray to 12 months of conditional release, a $500 fine, and
175 hours of community service. Mr. Murray now appeals.
¶ 26 II. JURISDICTION
¶ 27 Mr. Murray was sentenced on April 29, 2022, and his motion for a new trial was denied
the same day. Later that same day, he timely filed his notice of appeal in this matter. We have
jurisdiction under article VI, section 6, of the Illinois Constitution (Ill. Const. 1970, art. VI, § 6)
and Illinois Supreme Court Rules 603 (eff. Feb 6, 2013) and 606 (eff. March 12, 2021), governing
appeals from final judgments in criminal cases.
¶ 28 III. ANALYSIS
¶ 29 On appeal, Mr. Murray argues that his conviction for failing to reduce speed to avoid an
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accident cannot stand where the trial court applied the wrong burden of proof—proof of guilt by a
preponderance of the evidence rather than beyond a reasonable doubt. The State agrees. While
municipal traffic violations, which are punishable by fines, historically need only be proved by a
preponderance of the evidence (City of Chicago v. Hertz Commercial Leasing Corp., 71 Ill. 2d
333, 351-52 (1978)), statutory traffic offenses must be proved beyond a reasonable doubt, just as
in any other criminal case (People v. Mindock, 128 Ill. App. 2d 196, 199 (1970)). Our supreme
court has made clear that a conviction for failing to reduce speed to avoid an accident under section
11-601(a) of the Code must be based on proof beyond a reasonable doubt. People v. Galarza, 2023
IL 127678, ¶ 29.
¶ 30 Although Mr. Murray never objected to the trial court’s application of the preponderance
standard and did not raise this issue in his post-trial motion, the State acknowledges that it is
reviewable as second-prong plain error and that this conviction cannot stand. See People v.
Piatkowski, 225 Ill. 2d 551, 565 (2007) (noting that a second-prong plain error is a “clear or
obvious error” that “is so serious that it affected the fairness of the defendant’s trial and challenged
the integrity of the judicial process, regardless of the closeness of the evidence”).
¶ 31 Mr. Murray also argues that his sentence of 12 months of supervised release exceeded the
maximum sentence provided by statute for failing to reduce speed to avoid an accident, which is
6 months of supervised release (730 ILCS 5/5-4.5-75(b) (West 2016)). The State agrees with this
too. In the event of a retrial, it acknowledges that the longest sentence Mr. Murray could receive
for this offense would be 6 months of supervised release.
¶ 32 The only contested issue, then, is whether we should remand this matter for a new trial or
reverse Mr. Murray’s conviction outright. As a general rule, “[t]he double jeopardy clause does
not preclude retrial of a defendant whose conviction is overturned because of an error in the trial
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proceedings leading to the conviction.” People v. Casler, 2020 IL 125117, ¶ 57. But here Mr.
Murray also challenges the sufficiency of the evidence at his first trial. If he is correct, and the
evidence was insufficient to support his conviction, a second trial would impermissibly afford the
State “another opportunity to supply evidence which it failed to muster in the first proceeding.”
(Internal quotation marks omitted.) People v. Taylor, 76 Ill. 2d 289, 309 (1979).
¶ 33 Mr. Murray insists that the trial court in this case made a finding on the record that there
was reasonable doubt of his guilt. But we do not read the court’s statement—that it found Mr.
Murray guilty by a preponderance of the evidence, “even certainly if there [was] a reasonable
doubt” (emphasis added)—as a finding that the State failed to prove Mr. Murray’s guilt beyond a
reasonable doubt. There would be no reason for the trial court to make such a finding. The most
natural reading of the trial court’s statement is that, even if the State failed to prove Mr. Murray
guilty beyond a reasonable doubt (a question that the court had no need to resolve), the State had
certainly proven Mr. Murray’s guilt by a preponderance of the evidence.
¶ 34 We thus turn to the sufficiency of the evidence itself. When a criminal conviction is
challenged based on insufficient evidence, “the relevant question is whether, after viewing the
evidence in the light most favorable to the prosecution, any rational trier of fact could have found
the essential elements of the crime beyond a reasonable doubt.” (Emphasis in original.) Jackson v.
Virginia, 443 U.S. 307, 319 (1979). We will find the evidence insufficient only where it is “so
unreasonable, improbable, or unsatisfactory as to justify a reasonable doubt as to the defendant’s
guilt.” People v. Brown, 2013 IL 114196, ¶ 48.
¶ 35 Section 11-601(a) of the Code provides:
“No vehicle may be driven upon any highway of this State at a speed which is
greater than is reasonable and proper with regard to traffic conditions and the use of the
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highway, or endangers the safety of any person or property. The fact that the speed of a
vehicle does not exceed the applicable maximum speed limit does not relieve the driver
from the duty to decrease speed when approaching and crossing an intersection,
approaching and going around a curve, when approaching a hill crest, when traveling upon
any narrow or winding roadway, or when special hazard exists with respect to pedestrians
or other traffic or by reason of weather or highway conditions. Speed must be decreased as
may be necessary to avoid colliding with any person or vehicle on or entering the highway
in compliance with legal requirements and the duty of all persons to use due care.” 625
ILCS 5/11-601(a) (West 2016).
Our supreme court has held that to prove a defendant guilty of failing to reduce speed to avoid an
accident under this provision, the State must establish beyond a reasonable doubt that the defendant
failed to exercise due care and failed to reduce his or her speed to avoid a collision. Galarza, 2023
IL 127678, ¶ 29. Due care is “that degree of care which ordinarily prudent persons are accustomed
to exercise under the same or similar circumstances.” (Internal quotation marks omitted.) Id. ¶ 33.
¶ 36 The evidence that the State presented supported a finding that a reasonable driver would
have noticed the obstacles ahead—a parked car with its hazards on, a man lying in the road, a
second man walking to aid the first man, and a motorcycle lying in the road—and would have
slowed or stopped to avoid hitting those obstacles. It is a reasonable inference from the evidence
that Mr. Murray did not try to stop even after driving over a person and, separately, that person’s
motorcycle. There was uncontradicted evidence that he had to be flagged down by several
bystanders and told what had happened. This supported a finding beyond a reasonable doubt that
Mr. Murray was not exercising due care and failed to slow to avoid this fatal collision with the
motorcycle driver.
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¶ 37 Mr. Murray points out there was no evidence that he was speeding or evidence as to how
fast he was going. However, as this court noted in People v. Harrison, 201 Ill. App. 3d 65, 66
(1990), “one can commit this offense at any speed, even when driving below the speed limit.” The
statute itself says that: “The fact that the speed of a vehicle does not exceed the applicable
maximum speed limit does not relieve the driver from the duty to decrease speed” in certain
circumstances including “when special hazard exists with respect to pedestrians or other traffic."
625 ILCS 5/11-601(a) (West 2016).
¶ 38 Mr. Murray also argues that the evidence showed that he did slow down. He points to the
fact that Mr. Templeton estimated that Mr. Murray was driving between 35 and 40 miles per hour
when he struck the motorcyclist, and Ms. Soto, who only saw his vehicle later, when it had made
its way down the rest of the ramp, testified that Mr. Murray was going “[m]aybe like 15 miles-an-
hour or something like that.” She said he “was coming fast and then he started slowing down”
when onlookers chased him and yelled at him.
¶ 39 The question here, however, is not whether Mr. Murray slowed his vehicle in a reasonable
manner for someone traveling down an off-ramp terminating in a traffic-control device. The
question is whether he slowed his vehicle in a reasonable manner for someone presented with
multiple obstacles in the roadway. The State presented evidence that he did not. Mr. Templeton
testified that Mr. Murray was going 35-40 miles-per-hour at the time of impact. He watched as
Mr. Murray first ran over the motorcyclist, then ran over the motorcycle, and continued without
stopping for 30-40 yards, or until he reached the end of the off-ramp. On another day, with no
obstacles present, that may have been perfectly reasonable. But section 11-601(a) of the Code
requires a driver to proceed at a speed which is reasonable and proper “with regard to traffic
conditions” and to slow as necessary “when special hazard exists.” The fact that Mr. Murray
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eventually slowed and stopped his vehicle does not rebut the State’s evidence that he failed to
respond appropriately to specific hazards.
¶ 40 Mr. Murray notes other cases in which skid marks were present at the scene, providing
circumstantial evidence that the defendant’s vehicle was traveling at a high rate of speed (see, e.g.,
Watkins v. Schmitt, 172 Ill. 2d 193, 208 (1996)), and points out their absence here. Mr. Murray’s
reliance on the absence of skid marks is misplaced. Skid marks reflect a driver’s attempt to slow
down. Here, there was no evidence that Mr. Murray slowed down or attempted to slow down,
either before or after he hit the motorcyclist and motorcycle. This is no way undermines the
evidence of guilt in this case.
¶ 41 Mr. Murray also points out that, unlike in Galarza, there was no damage to his vehicle and
his airbags never deployed. But the defendant in Galarza collided with an upright object—a tree.
Galarza, 2023 IL 127678, ¶ 40. Mr. Murray drove over a man and a motorcycle that were lying in
the street. He was also driving a large SUV. The lack of damage to his vehicle does not give rise
to any inference that negates a finding of guilt.
¶ 42 Mr. Murray argues that the hazards the court found he should have slowed to avoid were
not visible. He claims that it was not dusk, as Mr. Templeton testified, but dark. Mr. Murray asks
this court to take judicial notice of official government records showing that, by 9:15 p.m., when
the impact occurred, the sun had fully set. He points to testimony that Mr. Templeton’s headlights
would not have illuminated the motorcyclist or his motorcycle. However, Mr. Murray’s argument
ignores the evidence that Mr. Templeton’s vehicle, with its hazard lights on, would have been
visible to an approaching driver, no matter how dark it might have been.
¶ 43 Mr. Murray insists that it is equally reasonable to infer from the testimony in this case that
he was traveling at a safe speed and only hit the motorcyclist and motorcycle because he had to
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swerve to avoid Mr. Templeton and Mr. Templeton’s car. This scenario, however, is inconsistent
with Mr. Murray’s behavior after he passed Mr. Templeton’s car. It is reasonable to infer that a
driver alert enough to see an obstacle in the road and swerve to avoid it would slow his vehicle in
the immediate aftermath of that close call or, at the very least, be cognizant of the fact that the act
of swerving had caused him to strike two other obstacles. The testimony here was that, although
Mr. Murray’s vehicle eventually slowed and came to a stop at the end of the off-ramp, he made no
immediate effort to stop his vehicle post-impact. He instead continued on his way, dragging a man
beneath his car until flagged down by bystanders. This was not the conduct of an alert driver forced
into a last-second maneuver.
¶ 44 Finally, Mr. Murray argues that by comparing his behavior to that of Mr. Templeton, the
State held him to an unduly high standard of care, rather than to the standard of care that a
reasonably prudent person would exercise in similar circumstances. The State, in argument,
described what Mr. Templeton first did in pulling over to the side of the road as “what every
motorist should do.” The trial court referenced Mr. Templeton’s behavior as evidence that there
was a hazard in the road that a reasonable observer would have seen and should have responded
to.
¶ 45 There is nothing to support Mr. Murray’s claims that he was held to too high a standard of
care. Even if, as Mr. Murray claims, the State’s position was that a reasonable driver would have
stopped and pulled off the road, the evidence in this case was that Mr. Murray did not even slow
down in response to the hazards ahead of him. Thus, the evidence supported a finding that he did
not respond reasonably, even if reasonable care did not require him to conduct himself as Mr.
Templeton did.
¶ 46 In sum, after viewing the evidence in the light most favorable to the State, we conclude
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that a rational trier of fact could have found that the State proved the essential elements of the
offense of failure to reduce speed to avoid an accident beyond a reasonable doubt. Double jeopardy
is thus no bar to retrial.
¶ 47 Mr. Murray makes a short additional argument that the trial judge improperly relied on her
experience as a motorcyclist to assume facts not in evidence. We need not address this argument.
If this occurred, it was at most a trial error that could necessitate a new trial. We have already
concluded, and indeed the State agrees, that Mr. Murray is entitled to a new trial.
¶ 48 VI. CONCLUSION
¶ 49 For the above reasons, we reverse Mr. Murray’s conviction for failing to reduce speed to
avoid an accident and remand this matter for a new trial.
¶ 50 Reversed and remanded.