People v. Vesey

2024 IL App (4th) 230401, 243 N.E.3d 1045
CourtAppellate Court of Illinois
DecidedJune 26, 2024
Docket4-23-0401
StatusPublished

This text of 2024 IL App (4th) 230401 (People v. Vesey) 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. Vesey, 2024 IL App (4th) 230401, 243 N.E.3d 1045 (Ill. Ct. App. 2024).

Opinion

2024 IL App (4th) 230401 FILED June 26, 2024 NO. 4-23-0401 Carla Bender 4 th District Appellate 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. ) Rock Island County COURTNEY B. VESEY, ) No. 22CF481 Defendant-Appellant. ) ) Honorable ) Norma Kauzlarich, ) Judge Presiding.

JUSTICE DOHERTY delivered the judgment of the court, with opinion. Justice Harris concurred in the judgment and opinion. Justice Turner dissented, with opinion.

OPINION

¶1 Defendant Courtney B. Vesey appeals from his conviction for aggravated battery

of a peace officer (720 ILCS 5/12-3.05(d)(4) (West 2022)) for wrapping his arm around a police

officer’s neck after the officer tackled him onto a grassy hill behind a concrete retaining wall. At

trial, defendant requested a jury instruction on self-defense, but the trial court found that there was

insufficient evidence to support a self-defense instruction. On appeal, defendant argues that the

court’s decision was an abuse of discretion. We disagree and affirm.

¶2 I. BACKGROUND

¶3 This case revolves around an altercation between defendant and three police

officers on June 28, 2022. Defendant and his ex-wife Judinetta Robinson have a daughter, A.V., who was nine years old at the time. Pursuant to the terms of their divorce, Robinson had full

physical custody of A.V., with defendant retaining court-ordered visitation rights on certain days,

including the day of the altercation.

¶4 That morning, A.V. texted Robinson, saying, “We’re going to heaven.” Robinson

immediately called A.V., who said some concerning things and told Robinson that she was at

Longview Park in Rock Island. Robinson also heard defendant in the background saying, “Stop

playing with me, Judy. You know who I am. I’m God. M[y] chariot is coming. It’s descending

down and we are going to heaven.” Robinson immediately called 911 and left her home to go to

the park, a 15- to 20-minute drive away.

¶5 Three Rock Island police officers went to the park in response to the call:

Kristopher Kuhlman; Brett Taylor, who had worked for the police department for about six months

and was undergoing field training; and Taylor’s field training officer, Eugenio Barrera. All three

officers were wearing body cameras that recorded the following events.

¶6 The officers parked in a parking lot adjacent to a sidewalk that wound into the park.

A concrete brick retaining wall, approximately three feet high, ran along the opposite side of the

sidewalk. Behind the retaining wall was a grassy hill. When the officers arrived, defendant was

sitting with A.V. on the retaining wall. Defendant consented to a pat-down search, and the officers

did not find weapons on his person. He emphasized that A.V. was safe but would not let the officers

speak to her one-on-one.

¶7 Defendant said several disturbing things in front of the officers and A.V. He

confirmed that he had said, “it’s our day to go to heaven,” but he would not explain to the officers

what that meant. He referred to a time when he was a in a closet on Fifth Street, “fighting off all

that s*** that was coming through them things.” He continued, “Yesterday, they did the same

-2- s***, saying motherf*** lizards, reptiles, all that s*** through my apartment.” The officers asked

defendant to explain the Fifth Street incident and whether he was “feeling down today,” but he

declined to clarify. He also wondered aloud why three officers had surrounded him and stated that

he had previously dealt with the police at some point when he had tried to check on his daughter

at Robinson’s house.

¶8 Approximately 15 minutes later, Robinson arrived at the park and saw the police,

defendant, and A.V. After the police talked with Robinson and A.V., they decided that A.V. should

go with Robinson based on the disturbing things that defendant had said, and they would report

the incident to the Department of Children and Family Services, who could determine whether

A.V. would be safe with defendant. The officers approached defendant to explain this decision. In

response, he emphasized that he had a legal right to time with his daughter.

¶9 From defendant’s standpoint, the scene was as follows. He was standing on the

sidewalk with the retaining wall to his left and Taylor on his right; behind Taylor was the parking

lot. Barrera was in front of defendant on the left, and Kuhlman was in front of him on the right.

Robinson and A.V. were sitting on the retaining wall behind Barrera and Kuhlman. The officers

informed defendant that he was free to go, but he could not talk to A.V. and could not walk between

Barrera and Kuhlman to get to his car in the parking lot. When asked, defendant said that he did

not feel like hurting himself and did not want a mental health evaluation. As the officers stood in

his way, he began to raise his voice, demanding that the officers show him the text messages where

he said that he was God and that they give him his daughter.

¶ 10 Defendant shouted “legal right” and approached Barrera and Kuhlman. Kuhlman

held out his arm and touched defendant’s chest; defendant pushed Kuhlman’s arm away. Taylor,

having witnessed this, rushed defendant and tackled him onto the hill behind the retaining wall.

-3- Taylor did not inform defendant that he was being arrested for aggravated battery against Kuhlman

and did not make any effort to arrest defendant in a peaceful way. Taylor later testified at trial that

he “thought that going hands-on was the most appropriate action at that time” based on a split-

second decision. As defendant and Taylor were falling onto the hill, defendant wrapped his arm

around Taylor’s neck and continued holding his neck for approximately five seconds after they

landed. The three officers pulled defendant and Taylor apart and arrested defendant.

¶ 11 Defendant was charged with two counts of aggravated battery of a peace officer:

one count for pushing Kuhlman’s arm and one count for wrapping his arm around Taylor’s neck.

Before trial, defendant filed a notice of intent to raise the affirmative defense of self-defense at

trial. See Ill. S. Ct. R. 413(d) (eff. July 1, 1982) (requiring that “defense counsel shall inform the

State of any defenses which he intends to make at *** trial”).

¶ 12 The court proceeded to a jury trial in March 2023. The State called Robinson,

Kuhlman, and Taylor to testify and introduced video from the body cameras worn by Kuhlman,

Taylor, and Barrera. Defendant declined to testify or introduce any evidence in his defense. At the

jury instruction conference, defendant sought an instruction on aggravated battery that

incorporated an instruction on self-defense. See Illinois Pattern Jury Instructions, Criminal, No.

24-25.06A (4th ed. 2000). Over defendant’s objection, the trial court declined to instruct the jury

on self-defense, concluding that the evidence of self-defense was insufficient.

¶ 13 The jury acquitted defendant on count I for aggravated battery against Kuhlman but

convicted him on count II for aggravated battery against Taylor. Defendant argued in a posttrial

motion that the trial court should have instructed the jury on self-defense; the court denied the

motion and sentenced defendant to 24 months’ probation.

¶ 14 This appeal followed.

-4- ¶ 15 II. ANALYSIS

Free access — add to your briefcase to read the full text and ask questions with AI

Related

People v. Boswell
Appellate Court of Illinois, 2026
People v. Vesey
2026 IL 130919 (Illinois Supreme Court, 2026)

Cite This Page — Counsel Stack

Bluebook (online)
2024 IL App (4th) 230401, 243 N.E.3d 1045, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-vesey-illappct-2024.