People v. Washington

2024 IL App (1st) 240894-U
Appellate Court of Illinois·Decided July 17, 2024·No. 1-24-0894·Unpublished·Cited by 3 cases

Opinion

2024 IL App (1st) 240894-U No. 1-24-0894B Second Division July 17, 2024

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 ____________________________________________________________________________

) Appeal from the THE PEOPLE OF THE STATE OF ) Circuit Court of ILLINOIS, ) Cook County. ) Plaintiff-Appellee, ) ) No. 24 CR 02415-01 v. ) ) AARON WASHINGTON, ) Honorable ) William G. Gamboney, Defendant-Appellant. ) Judge, Presiding. ____________________________________________________________________________

JUSTICE COBBS delivered the judgment of the court. Presiding Justice Howse and Justice McBride concurred in the judgment.

ORDER

¶1 Held: We affirm the circuit court’s denial of defendant-appellant’s motion for pretrial release following a continued detention hearing where defendant posed a real and present threat to the community.

¶2 On February 11, 2024, defendant-appellant, Aaron Washington, was arrested and

subsequently charged by indictment for violation of various sections of the Criminal Code of 2012,

including (1) armed habitual criminal, a Class X felony (720 ILCS 5/24-1.7(a) (West 2022)); No. 1-24-0894B

(2) armed violence, a Class X felony (id. § 33A-2(a)); (3) unlawful use or possession of a weapon

by a felon, a Class 2 felony (id. § 24-1.1(a)); and (4) two counts of aggravated unlawful use of a

weapon, a Class 2 felony (id. § 24-1.6(a)(1), (a)(3)(A-5); (a)(1), (a)(3)(C)). Defendant was also

charged with possession of between 15 and 100 grams of heroin, a Class 1 felony, pursuant to

section 402(a)(1)(A) of the Illinois Controlled Substances Act (720 ILCS 570/402(a)(1)(A) (West

2022)).

¶3 On February 12, 2024, the State filed a verified petition for a pretrial detention hearing,

pursuant to sections 110-2 and 110-6.1 of the Code of Criminal Procedure of 1963 (Procedure

Code) (725 ILCS 5/110-2, 110-6.1 (West 2022)), as amended by Public Act 101-652, commonly

referred to as “the Safety, Accountability, Fairness and Equity-Today (SAFE-T) Act” or the

“Pretrial Fairness Act” (Act). See Pub. Act 101-652, § 10-255 (eff. Jan. 1, 2023); Pub. Act 102-

1104, § 70 (eff. Jan. 1, 2023); Ill. S. Ct. R. 604(h)(1) (eff. Oct. 19, 2023); Rowe v. Raoul, 2023 IL

129248, ¶ 52 (lifting stay and setting effective date as September 18, 2023). That same day, the

circuit court granted the State’s request and entered an order for detainment. At some point

thereafter, defendant filed a motion for release, and a “detention” hearing was held on March 28,

2024.

¶4 Now, in this interlocutory appeal, defendant argues that the circuit court erred in ordering

continuing pretrial detention, in that the court improperly conducted the hearing, and that

defendant did not constitute a real and present threat. For the reasons that follow, we affirm the

decision of the circuit court.

¶5 I. BACKGROUND

¶6 A. Pretrial Detention Petition

-2- No. 1-24-0894B

¶7 On February 12, 2024, the State filed its verified petition for pretrial detention. Therein,

the State argued that (1) the charged offense of armed habitual criminal was a non-probationable

felony eligible for pretrial detainment pursuant to section 110-6.1(a)(1) of the Procedure Code

(725 ILCS 5/110-6.1(a)(1) (West 2022)), (2) defendant posed a “real and present threat to the

safety of any person or persons or the community,” and (3) there was “[n]o condition or

combination of conditions set forth in 725 ILCS 5/110-10(b) [725 ILCS 5/110-10(b) (West 2022)]

*** to mitigate that risk.” With regard to the second element, the State asserted that:

“Arresting [o]fficers were alerted that defendant was waving a gun on public

transportation, was subsequently found to have a gun in his possession, and carried a total

of 28 bags of suspect heroin on his person. Furthermore, defendant has been convicted of

six felonies, including a reduced armed robbery charge in 2001, aggravated battery in 2002,

and attempt murder in 2007.”1

¶8 The petition included a supplemental “Public Safety Assessment” (PSA), conducted by

“pretrial services.” The assessment rated defendant’s “new criminal activity score” as a “4” out of

“6,” and a “failure to appear” score as a “3” out of “6.” It rated his “new violent criminal activity

flag” as a “no,” but noted that he had both prior misdemeanor and felony convictions, including

one violent felony, as well as a prior sentence. It also noted that defendant had failed to appear in

court on a matter older than two years old. Its overall assessment was that defendant’s “pretrial

supervision level” was a “2.”

¶9 B. Initial Pretrial Detention Hearing

1 During the subsequent “detention” hearing, the State asserted that defendant had seven prior felonies.

-3- No. 1-24-0894B

¶ 10 On February 12, 2024, defendant appeared before the circuit court for his first appearance. 2

Although the record does not contain any report of those proceedings, the court’s ruling was

memorialized in a written order that same day. First, the court found that “[t]he proof [was] evident

or the presumption great that the defendant ha[d] committed an eligible offense listed” within

section 110-6.1(a) of the Procedure Code. The court’s ruling expressly stated that there was a “call

of someone waving a gun at [a] CTA station. Police arrived and matching [description] of call was

running away. CPD stop[ped] and frisk[ed,] recovering a .380 cal handgun—prior felony

offenses.”

¶ 11 Second, the court found that “defendant pose[d] a real and present threat to the safety of

any person or persons or the community, based on the specific articulable facts of the case.”

Specifically, the court found that defendant “possessed a gun” and had a “history of violence

including an armed robbery reduced,” “attempt murder in 2002,” “aggravated [battery] in 2002,”

and a “history of violence and using weapons.” The court further noted that defendant had

possessed a gun on the CTA and also reported having mental health issues.

¶ 12 Third, the court found that “[n]o condition or combination of conditions set forth” in

section 110-10(b) of the Procedure Code could “mitigate the real and present threat to the safety

of any person or persons or community based on the specific articulable facts of the case,” and that

“[l]ess restrictive conditions would not avoid a real and present threat to the safety of any person

or persons or the community, based on the specific and articulable facts of the case.” As to this

point, the court found that defendant had “a history of events over [the] last 20 years,” had fled

from CTA and law enforcement, had possessed a weapon on the CTA, and suffered from “mental

2 The State’s brief indicates that on February 12, the Honorable Charles Beach presided over the initial pretrial detention hearing.

-4- No. 1-24-0894B

health issues.” The court determined that electronic monitoring was not appropriate as it was “not

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People v. Washington, 2024 IL App (1st) 240894-U (Ill. Ct. App. 2024).

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