NOTICE 2026 IL App (4th) 260306-U This Order was filed under FILED Supreme Court Rule 23 and is NO. 4-26-0306 June 16, 2026 not precedent except in the Carla Bender limited circumstances allowed th 4 District Appellate under Rule 23(e)(1). IN THE APPELLATE COURT Court, IL OF ILLINOIS
FOURTH DISTRICT
THE PEOPLE OF THE STATE OF ILLINOIS, ) Appeal from the Plaintiff-Appellee, ) Circuit Court of v. ) Peoria County KALEEYAH E. SPRINKLE, ) No. 25CF373 Defendant-Appellant. ) ) Honorable ) Sean W. Donahue, ) Paul E. Bauer, ) David A. Brown, ) Judges Presiding.
JUSTICE ZENOFF delivered the judgment of the court. Justices Doherty and Grischow concurred in the judgment.
ORDER
¶1 Held: The appellate court affirmed the trial court’s order granting the State’s second petition to deny defendant pretrial release, as defendant waived both arguments on appeal.
¶2 Defendant, Kaleeyah E. Sprinkle, appeals an order denying her motion for relief
after the trial court granted the State’s second petition to deny her pretrial release pursuant to article
110 of the Code of Criminal Procedure of 1963 (Code) (725 ILCS 5/art. 110 (West 2024)). We
affirm.
¶3 I. BACKGROUND
¶4 On May 8, 2025, the State charged defendant by information with four counts of
aggravated battery (720 ILCS 5/12-3.05(b)(1)-(2) (West 2024)), alleging that she “did knowingly
cause great bodily harm or permanent disability or disfigurement to [Ami. R. (referred to by the parties as A.R.1)], a child under 13 years of age in that she struck him, causing permanent injury
to his brain,” “a laceration to his liver and spleen,” and “a fracture to his pelvis,” and additionally
struck Ama. R. (referred to by the parties as A.R.2), “causing a bruise on her face.” On the same
day, the State filed a petition to deny defendant pretrial release.
¶5 The trial court, Judge David A. Brown presiding, held a hearing on the detention
petition the same day. The State proffered that on May 6, 2025, defendant brought one-year-old
Ami. R. to the fire station because he was unresponsive. He was immediately transported to the
hospital for treatment. Officers spoke to defendant’s neighbor, who witnessed a woman and man
exit defendant’s apartment with “a baby that appeared lifeless” and another baby “wrapped in a
blanket” and enter a white vehicle. Officers observed and stopped that white vehicle, which a man
named Zaxton Johnson was driving. In the back seat of Johnson’s car, police found Ama. R.,
Ami. R.’s twin sister, “completely wrapped and covered in a blanket,” with “a swollen lip[ and] a
large amount of bruising and swelling to her left eye and the left side of her face.” Police officers
were later informed that Ami. R. “had suffered severe brain damage” and “was not responding to
any stimuli, had no signs of consciousness, no brain activity.” He had “also suffered a laceration
to his liver and to his spline [sic] and also a pelvic fracture.” He had a low temperature, which
indicated that the brain injury “wasn’t recent or it hadn’t just occurred.”
¶6 Officers spoke to defendant, who stated that she lived alone and had sole custody
of both children. She “speculated that both of the children’s injuries were an accident,” and she
“didn’t know how they occurred, but she thought that they may have or [Ama. R.] could have
possibly fallen off of a couch.” However, Ami. R.’s treating physician “reported that the injuries
were caused by non-accidental trauma and could not have been the result of a simple fall off of a
-2- couch.” The physician further “indicate[d] that the severe brain injuries to [Ami. R. were]
nonsurvivable and will certainly, eventually, *** result in his death.”
¶7 Defendant proffered that she was scheduled to start school to be a stenographer in
June 2025, “[i]f she were to remain in custody, she may lose *** her home,” and “she would follow
any conditions the Court found appropriate.”
¶8 The State argued that defendant posed a real and present threat that conditions could
not mitigate. In turn, defendant emphasized that she “has only failed to appear one time in a traffic
case” and scored a 2 on the Virginia Pretrial Risk Assessment Instrument-Revised, which was “the
lowest level that can be scored.” Other than the traffic case, she had no criminal history. Defendant
also asserted that “this is a situation that’s unlikely to reoccur,” as “[t]here’s been nothing presented
that there’s other minor children in [her] custody.” However, she conceded that she was charged
with detainable offenses. When asked by the trial court, the State indicated that Ama. R. was in
the hospital, but she would be released into the custody of defendant’s mother.
¶9 The trial court found that the State had met its burden of showing that the proof was
evident that defendant committed the offenses and posed a real and present threat to the safety of
Ami. R. and Ama. R. However, the court found that “[t]here’s nothing in her criminal history, the
Pretrial Report, or anything else, that would suggest that she’s a real and present threat to the
community as a whole.” Though the court noted that it could not find “by clear and convincing
evidence[ ] that she directly inflicted [the injuries] on her children,” it found that “she knew of the
injuries.” However, the court ultimately found that even though defendant “does present some
element of risk to [Ama. R.],” there were conditions of release that would “mitigate the risk to
[Ama. R.].” The court thus denied the State’s detention petition and ordered defendant not to have
contact with the minor children, anyone under the age of 18, and Johnson, as well as to “submit to
-3- home confinement and electronic monitoring and the other standard conditions of pretrial release.”
Defendant indicated she was willing to comply with the conditions.
¶ 10 On May 13, 2025, the State filed an indictment charging defendant with first degree
murder (720 ILCS 5/9-1(a)(1) (West 2024)), for causing the death of Ami. R., and aggravated
battery (charged under section 12-3.05(d)(1) (720 ILCS5/12-3.05(d)(1) (West 2024))), for striking
Ama. R.’s face and body.
¶ 11 On May 14, 2025, the State filed a second petition to deny defendant pretrial
release. The trial court, Judge Paul E. Bauer presiding, held a hearing on the petition on May 15,
2025. The State proffered the same information as at the first hearing, with the following additions.
Ami. R. was 21 months old on May 6, 2025, when defendant brought him, unresponsive, to the
fire station. A bloody towel was found in the trunk of the white SUV where Ama. R. was found.
At the State’s request and without objection, the court admitted into evidence nine photographs
and two videos. Those exhibits do not appear in the record on appeal. One of the videos was
apparently body camera footage of the officer who found Ama. R. and removed her from the white
SUV. The State represented that in the video, Ama. R. “appears to be terrified, immediately grabs
for the police officer, who is a stranger to her, is not properly secured in a restraint and has obvious
injuries to her person.” Ama. R. had “bruising on her face, arm, back, and left ear” and “abrasions
on her right leg, left buttocks, left arm, back, and neck.” In addition to the injuries discussed at the
previous hearing, Ami. R. “also had scratches and blood around his anus and bruising and
abrasions on his neck.” Ami. R. “passed away on May 9th,” and “[t]he official cause of death was
blunt force trauma.” The State added that all the children’s injuries were determined to be acute—
that is, inflicted within 72 hours—other than Ami. R.’s pelvic fracture.
-4- ¶ 12 The State further proffered that defendant “lived alone and she had sole custody of
the two children,” and “in the two weeks leading up to the incident, the twins had not been left
alone with anyone else, that she had been supervising them during the entire two-week period
before [Ami. R.] was dropped off at the fire station.” The previous day, defendant was at Johnson’s
apartment, but “the twins were not left unsupervised or were not left alone with Johnson.”
Defendant initially told officers that Ami. R. “was sitting on the couch and she left him alone to
take a shower and came back and he was limp on the floor in his playpen,” but “the autopsy showed
that the injuries could not be explained by a simple fall.”
¶ 13 According to the State, Johnson was interviewed and told officers that “he was at
the Defendant’s house almost daily over the past few weeks because he sold the Defendant
cannabis and he smoked cannabis in her residence.” He stated that on May 6, 2025, defendant was
holding Ama. R., “then happened to notice that [Ami. R.] didn’t look right,” at which point,
defendant “panicked and sought help.” Both defendant and Johnson claimed that Ama. R. had
fallen off a couch at Johnson’s residence on May 5, 2025, while defendant was there cleaning, and
“she was just fine and only had a small bruise on her cheek,” which defendant claimed “must have
spread.”
¶ 14 In arguing that defendant posed a real and present threat, the State emphasized that
defendant was using cannabis around her children regularly and when she brought Ami. R. to the
fire station, she did not bring Ama. R., who was “brutally beaten,” or seek medical attention for
her. Instead, defendant left her in the care of Johnson, who was a “known sex offender” and “has
a previous conviction for a sex offense in which the victim was under the age of nine.” The State
argued that based on the nature and circumstances of the offense, the age and physical condition
of the victims, the statements attributed to defendant, and the fact that defendant was on pretrial
-5- release in a traffic case at the time, in which she failed to appear in August 2024, defendant posed
a real and present threat to Ama. R. The State added that after defendant was initially arrested but
before Ami. R. died,
“[t]here was a jail call that was made by the Defendant in which she said, prior to
that first detention hearing, that she assumed that the Court *** was going to make
her stay away from her kids and she indicated to the person she was talking to that
she would not follow that, that she would go be with [Ami. R.] regardless.”
The State asserted that while defendant “can do no further harm to [Ami. R.],” she has already
indicated that she would not comply with conditions that would prevent her from seeing Ama. R.,
who was in the custody of defendant’s mother.
¶ 15 The trial court ultimately granted the State’s detention petition and found that “the
proof is evident and the presumption great the Defendant has committed a qualifying offense,”
that defendant posed a real and present threat “based upon the nature and circumstances of the
offense, as well as the Defendant’s history, character, and condition,” and that no condition or
combination of conditions could mitigate that threat. The court noted that “it’s clear that the care,
custody, and control of these 21-month-old children were clearly in the possession of the
Defendant at the time these injuries occurred.”
¶ 16 On February 27, 2026, defendant filed a motion for relief pursuant to Illinois
Supreme Court Rule 604(h)(2) (eff. Apr. 15, 2024). She asserted that the trial court erred in finding
that no conditions could mitigate her dangerousness, as (1) she had a low risk level, (2) her
criminal history only included one misdemeanor offense for driving on a suspended license, (3) she
“does not have any other priors to suggest she is a danger to other minor children, other individuals
-6- or the community at large,” and (4) she “only failed to appear 1 time to Court” in her traffic
misdemeanor case.
¶ 17 The trial court, Judge Sean W. Donahue presiding, held a hearing on defendant’s
motion for relief on March 12, 2026. Based on People v. Thomas, 2025 IL App (4th) 251082-U,
defendant argued that there were conditions of release that the court could impose to mitigate her
dangerousness. She also asserted that “[t]here wasn’t a change of circumstances” between the
State’s first and second detention petitions, “other than the increased charge being filed.” The State
argued Thomas was distinguishable, as the nature and circumstances of the offenses were not
comparable and there was reason to doubt defendant’s compliance with court conditions in this
case. The State reiterated that defendant said on a jail phone call that she would not comply with
any conditions ordering her to stay away from Ami. R. and she had a failure to appear in her
misdemeanor traffic case.
¶ 18 The trial court noted that the factual basis presented to Judge Brown at the hearing
on the State’s initial detention petition was largely the same as the basis presented to Judge Bauer
in support of the second petition. To that end, at the initial detention hearing, “it was in the record
that it wasn’t a question of whether [Ami. R.] was going to die” but “simply a question of when,”
so “it was pretty clear to [Judge Brown] that there were, in fact, likely to be charges of murder
brought against the defendant.” The court was unsure as to whether the State’s filing of a second
detention petition upon the filing of the new charges was “actually the proper procedure, but ***
maybe it is,” and it ultimately concluded that “that’s neither here nor there.” The court reinforced
its belief that “[Judge Bauer] heard a substantially similar factual basis with regards to the injuries
sustained by the minor children” but acknowledged there was “possibly a more thorough recitation
as to the potential culpability of the defendant than Judge Brown had heard.” The court noted that
-7- “[t]here was certainly more information provided to [Judge Bauer] with regards to who had contact
with the minor children, the fact that they weren’t left alone with anybody.” The court believed
Thomas was distinguishable because the only minor child in danger in that case had passed away,
while in this case, one child was still alive and currently residing with a family member, and
defendant’s jail call “raises substantial concern in this Court’s eyes with regards to the possibility
of some form of harm being done to that child.” The court ultimately found that, despite her lack
of a criminal history, defendant’s jail phone call and her previously missed court appearance
indicated that she would not comply with conditions and was sufficient to deny defendant’s motion
for relief.
¶ 19 This appeal followed.
¶ 20 II. ANALYSIS
¶ 21 On appeal, defendant asserts that Judges Bauer and Donahue erred (1) by allowing
the State to file a second petition to deny pretrial release and (2) in finding that defendant posed a
real and present threat to any individual or the community.
¶ 22 A. Second Detention Petition
¶ 23 Under section 110-6.1(e) of the Code, “defendants shall be presumed eligible for
pretrial release.” 725 ILCS 5/110-6.1(e) (West 2024). The State must file a detention petition “at
the first appearance before a judge, or within the 21 calendar days *** after arrest and release of
the defendant,” and the trial court “shall immediately hold a hearing on the petition.” 725 ILCS
5/110-6.1(c)(1)-(2) (West 2024). The statute also separately provides, “If the State seeks to file a
second or subsequent petition under this Section, the State shall be required to present a verified
application setting forth in detail any new facts not known or obtainable at the time of the filing of
the previous petition.” 725 ILCS 5/110-6.1(d)(2) (West 2024).
-8- ¶ 24 Defendant contends on appeal that there was no statutory basis for the State’s
second detention petition, where it was based on the same conduct underlying the initial charges
and Judge Brown knew at the first hearing that Ami. R.’s injuries would result in his death.
¶ 25 Importantly, “any issue not raised in the motion for relief, other than errors
occurring for the first time at the hearing on the motion for relief, shall be deemed waived.” Ill. S.
Ct. R. 604(h)(2) (eff. Apr. 15, 2024). Defendant did not argue in her written motion for relief that
the State’s second detention petition lacked a statutory basis. Rather, she merely argued the merits
of whether she should be detained and contended that conditions of release could mitigate her
dangerousness. Although defendant mentioned at the hearing on the motion for relief that “[t]here
wasn’t a change of circumstances other than the increased charge being filed,” it was in the context
of arguing that she lacked a criminal history, and therefore, conditions of release would be
appropriate. Defendant did not cite section 110-6.1(d)(2) or its language requiring a second or
subsequent petition to set forth “any new facts not known or obtainable at the time of the filing of
the previous petition.” 725 ILCS 5/110-6.1(d)(2) (West 2024). This offhand mention of changed
circumstances did not sufficiently raise a challenge to the statutory basis for the second petition.
The trial court likewise did not believe this issue had been raised, as Judge Donahue noted that he
was “a little confused as to whether or not that’s actually the proper procedure,” but he concluded
that “that’s neither here nor there.” Defendant’s argument that the State lacked a statutory basis
for the second petition has therefore been waived on appeal. See Ill. S. Ct. R. 604(h)(2) (eff. Apr.
15, 2024).
¶ 26 Defendant contends we may review her claim for either plain error or ineffective
assistance of counsel, which provide exceptions to the general forfeiture rules. However, in People
-9- v. Nettles, 2024 IL App (4th) 240962, ¶¶ 25, 29, this court held that both doctrines were generally
inapplicable in pretrial detention decisions.
¶ 27 To establish ineffective assistance of counsel, a defendant must show
(1) objectively unreasonable performance by counsel and (2) prejudice from that deficient
performance. Nettles, 2024 IL App (4th) 240962, ¶ 24. This court explained in Nettles that “[i]n
the particular context of a pretrial detention decision, however, we fail to see how the second
Strickland [v. Washington, 466 U.S. 668 (1984),] factor—prejudice—can be shown,” as “[t]he
detention decision is not closed; indeed, it cannot be, as it must be revisited at every subsequent
court date.” Nettles, 2024 IL App (4th) 240962, ¶ 25.
¶ 28 The same is true here. Although defendant was not initially detained on the State’s
first petition, and thus, not subject to review of her continued detention at every subsequent hearing
as required by section 110-6.1(i-5) (725 ILCS 5/110-6.1(i-5) (West 2024)), there were procedural
mechanisms available to revisit and modify the initial order denying pretrial detention. Even if
defendant’s counsel had objected and the trial court agreed that the State lacked a statutory basis
for filing what it styled as a second detention petition, the State could have filed a motion for relief
pursuant to Rule 604(h)(2) arguing either that the court’s initial detention decision was incorrect
or that there were changed circumstances that necessitated a review of that decision. Defendant
could thus still have been detained pretrial, even if her counsel had raised the objection to the
State’s second detention petition she now says should have been presented. Moreover, “[s]ubject
to the limitation that no more than one appeal be brought at one time (Ill. S. Ct. R. 604(h)(11) (eff.
Apr. 15, 2024)), [the] defendant could still file a proper motion for relief and take a proper appeal.”
(Emphasis in original.) Nettles, 2024 IL App (4th) 240962, ¶ 25. “It is difficult to discern how a
defendant could establish that he has been prejudiced by his attorney ‘dropping the ball’ when the
- 10 - ball is still in the air.” Nettles, 2024 IL App (4th) 240962, ¶ 25. Therefore, defendant cannot show
that she was prejudiced by her counsel’s failure to object to the State’s second petition.
¶ 29 Under plain error review,
“[a] reviewing court may address forfeited arguments under the exception when a
‘clear or obvious error occurred’ and ‘the evidence is so closely balanced that the
error alone threatened to tip the scales of justice against the defendant, regardless
of the seriousness of the error,’ or the error is ‘so serious that it affected the fairness
of the defendant’s trial and challenged the integrity of the judicial process.’ ”
Nettles, 2024 IL App (4th) 240962, ¶ 28 (quoting People v. Piatkowski, 225 Ill. 2d
551, 565 (2007)).
However, this court held in Nettles that plain error does not cure an omission from a motion for
relief. Nettles, 2024 IL App (4th) 240962, ¶ 29. Because defendant did not raise this claim in her
motion for relief, she has waived it under Rule 604(h)(2), and plain error review cannot apply.
¶ 30 B. Dangerousness
¶ 31 Defendant next asserts that Judges Bauer and Donahue erred in finding that she
poses a real and present threat to any person or the community.
¶ 32 To detain a defendant, the State must prove by clear and convincing evidence that
(1) the proof is evident or presumption great that the defendant committed a detainable offense;
(2) the defendant poses a real and present threat to the safety of any person, persons, or the
community, based on the specific, articulable facts of the case; and (3) no condition or combination
of conditions can mitigate the real and present threat to the safety of any person or the community,
based on the specific facts of the case. 725 ILCS 5/110-6.1(e)(1)-(3) (West 2024). Under this
- 11 - framework, “the fact that a person is charged with a detainable offense is not enough to order
detention.” People v. Atterberry, 2023 IL App (4th) 231028, ¶ 18.
¶ 33 As discussed above, “any issue not raised in the motion for relief, other than errors
occurring for the first time at the hearing on the motion for relief, shall be deemed waived.” Ill. S.
Ct. R. 604(h)(2) (eff. Apr. 15, 2024). In defendant’s motion for relief and at the motion for relief
hearing, she argued only that there were conditions of release that could mitigate her
dangerousness. She does not reassert that argument on appeal; instead, she argues that the trial
court erred in finding that she poses a real and present threat to any person or the community. As
she did not raise this issue in her motion for relief or at the hearing on the motion, this issue is
waived and is not reviewable on appeal. See Ill. S. Ct. R. 604(h)(2) (eff. Apr. 15, 2024).
¶ 34 III. CONCLUSION
¶ 35 For the reasons stated, we affirm the trial court’s judgment.
¶ 36 Affirmed.
- 12 -