People v. Salley

2025 IL App (1st) 242240-U
CourtAppellate Court of Illinois
DecidedMarch 10, 2025
Docket1-24-2240
StatusUnpublished
Cited by3 cases

This text of 2025 IL App (1st) 242240-U (People v. Salley) is published on Counsel Stack Legal Research, covering Appellate Court of Illinois primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
People v. Salley, 2025 IL App (1st) 242240-U (Ill. Ct. App. 2025).

Opinion

2025 IL App (1st) 242240-U Fourth Division Filed March 10, 2025 No. 1-24-2240B

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 DISTRICT

) THE PEOPLE OF THE STATE OF ILLINOIS, Appeal from the ) Plaintiff-Appellee, ) Circuit Court of Cook County ) v. No. 24 CR 5820 ) WILLIE SALLEY, ) The Honorable Thomas Byrne, ) Judge, presiding. Defendant-Appellant. )

JUSTICE OCASIO delivered the judgment of the court. Presiding Justice Rochford and Justice Hoffman concurred in the judgment.

ORDER

¶1 Held: The circuit court correctly found that continued pretrial detention was necessary to avoid the safety risk that defendant’s release would pose.

¶2 Defendant Willie Salley appeals the circuit court’s orders continuing his pretrial detention and

denying his motion for relief pursuant to article 110 of the Code of Criminal Procedure of 1963

(Code) (725 ILCS 5/110-1 et seq. (West 2022)) as amended by Public Act 101-652 (eff. Jan. 1,

2023). For the following reasons, we affirm.

¶3 I. BACKGROUND

¶4 Salley was charged with aggravated unlawful use of a weapon by a felon (AUUWF) (720

ILCS 5/24-1.6(a), (d)(3) (West 2022)) and two misdemeanor offenses—unlawful possession of

cannabis and driving on a revoked or suspended license. No. 1-24-2240B

¶5 On May 5, 2024, the State filed a verified petition to deny Salley pretrial release. The State

alleged AUUWF was a detainable offense, and that Salley posed a real and present safety threat to

another person or persons or the community. The circuit court immediately held a detention

hearing.

¶6 At the hearing, the State proffered evidence of the charged offenses and Salley’s criminal

history. On May 3, 2024, at approximately 5:52 p.m., civilian security guards employed by the

University of Chicago were monitoring protests occurring in the university’s quad. The security

guards flagged down police officers regarding a person suspected of carrying a firearm. The guards

told officers that Salley came to confront one of security guards about a personal issue. One of the

guards told the officers she saw Salley grab a gun from his car and approach the other security

guard.

¶7 Salley was arrested, searched, and then taken to the police station. The officers did not find a

gun on his person. One of the security guards told officers that Salley put the firearm in his vehicle

prior to being detained. Subsequently, officers found a vehicle registered to Salley parked nearby.

In the vehicle, officers found a purple drawstring bag on the front passenger seat, which contained

a gold Glock 19X nine-millimeter handgun. The gun had a round in the chamber and 16 more

rounds in the magazine. It was equipped with a laser attachment, and officers found an extended

magazine containing 25 additional nine-millimeter rounds in the trunk.

¶8 Salley was previously convicted of aggravated discharge of a firearm and sentenced to 10

years in prison. Salley also had two additional misdemeanor convictions. Salley’s public safety

assessment report rated him as a three out of six on the new-criminal-activity scale and a two out

of six on the failure-to-appear scale. The report recommended release with pretrial monitoring.

¶9 The State asserted that Salley posed a real and present safety threat to the community where

he brought a firearm to a dispute with the university security guard and that no condition or

combination of conditions would mitigate his risk to the community as “he’s already a registered

gun offender and here he is at the campus of the University of Chicago confronting someone with

a loaded handgun.”

-2- No. 1-24-2240B

¶ 10 Defense counsel argued that the information contained in the police report did not support the

evidence that Salley approached one of the security guards with a gun, “this confrontation was

unrelated to this demonstration,” there were issues with the witness’s credibility, and it was

unknown who else had access to Salley’s car.

¶ 11 In rebuttal, in response to the court asking for the underlying facts of Salley’s prior conviction,

the State tendered the police report to the court and defense counsel. The prosecutor paraphrased

the report, which disclosed as follows:

“[O]n August 25, 2019, a physical altercation occurred in the Parkway

Gardens apartment complex. After a fight was over, shots were fired

back and forth between two separate groups. The arrestee of this arrest

report, who is the defendant present before the Court, had been

identified as the individual who was with the victim’s group that fired a

handgun toward the opposing group, which included an individual by

the name of Cashell Williams ***. Williams had fired toward Marshall’s

group. Marshall had been shot in the chest and killed. The defendant,

who is present before the Court, had admitted to being on the scene, had

a handgun and fired three times.”

¶ 12 The circuit court ordered Salley detained. It found that the proof was evident and the

presumption was great that Salley committed a detainable offense; that Salley posed a threat to the

community’s safety based on the fact he is a registered gun offender not allowed to possess a

weapon and “[n]ot only [was] he alleged to have possessed a weapon, but retrieved that weapon,

because he was in a dispute with a security guard” with a large group of people in the vicinity; and

that no condition or combination of conditions could mitigate that threat as Salley had

demonstrated “the ability to obtain a weapon [was] clearly not something beyond his skill set.”

¶ 13 The State filed a superseding information on June 13, 2024, charging Salley with two counts

of unlawful use of a weapon by a felon (720 ILCS 5/24-1.1(a) (West 2022)) and two counts of

AUUWF.

-3- No. 1-24-2240B

¶ 14 On June 28, 2024, Salley filed a motion for pretrial release. A hearing was held on the motion

on July 16, 2024. Defense counsel proffered that, on the afternoon of the charged offense, Salley

drove to the University of Chicago to pick up his son, whose child was in the hospital. When he

got there, his son “had got into an altercation” with a security guard, and Salley “tried to diffuse

the situation” by requesting a supervisor. When the police arrived, one of the security guards

approached an officer and said that Salley had a gun on him. The officers patted down Salley but

did not find one. Nevertheless, Salley was detained and taken to the station. Police later searched

his car, at which point they found the gun and the ammunition. Additionally, counsel stated that,

at the time of his arrest, Salley was gainfully employed as a line supervisor at Dakkota Integrated

Systems.

¶ 15 Based on these facts, defense counsel argued that Salley never had a gun and never threatened

anybody with a gun, that the security guard lied to the officer about seeing him with one, and that

Salley did not pose a threat to anybody. Noting that the pretrial service report had recommended

releasing Salley with conditions, counsel urged the court to release him and place him on house

arrest or electronic monitoring.

¶ 16 The State recounted the facts of its previous proffer. It argued the proof was evident and the

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Bluebook (online)
2025 IL App (1st) 242240-U, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-salley-illappct-2025.