Articles Posted in Criminal Defense

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A Cook County judge reversed herself on Monday, dismissing weapons charges against a Chicago man who had been stopped for speeding and informed the officer that he was carrying a loaded pistol in his holster. The defendant possessed a valid FOID card. This decision came after the recent Illinois Supreme Court ruling striking down part of the state’s gun law as unconstitutional (People v. Aguilar).

Judge Ellen Mandeltort had previously denied the defendant’s request to dismiss the unlawful use of a weapon charge last week before the Illinois Supreme Court’s ruling on Thursday, which comes in line with the federal court decision earlier this year. In February, the 7th U.S. Circuit Court of Appeals struck down parts of the state law which made carrying a concealed firearm illegal. The defendant’s motion to reconsider was granted in light of the ruling and Judge Mandeltort agreed that the charge violated the defendant’s Second Amendment rights.

Weapons charges dropped after state high court’s ruling, www.chicagotribune.com, September 16, 2013

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David Kreutz, 23, of Chicago is charged with DUI and a felony cannabis charge after an accident with a squad car on Tuesday night. Kreutz reportedly crashed into the officers’ vehicle after turning left in front of them on North Sheridan Road in Rogers Park around 7 p.m.. The two Chicago police officers were transported to Saint Francis Hospital in Evanston in good condition. Kreutz, who works as a bartender, stayed at the scene after the crash. A police department spokesman claimed that he had about 50 grams of cannabis on him. He faces traffic violations including failure to yield the right of way while turning left, driving without insurance, DUI-alcohol, DUI-drugs, and faces a felony count of manufacture and delivery of cannabis. He was scheduled to appear in bond court today.

Man Charged With DUI After Crash Injures 2 Cops In Rogers Park, www.chicago.cbslocal.com, March 27, 2013

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Hector Barajas, 23, was charged with driving under the influence as a result of a two-car crash that left one man dead and three other people injured. One of the vehicles hit a light pole.

One victim was pronounced dead at Northwestern Memorial Hospital an hour after the crash. Two of the other victims were taken to the hospital in serious to critical condition, while the third was in good to fair condition.

Along with DUI charges, Barajas was cited for reckless driving, driving without insurance and speeding.

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Geno Green, 25, was charged with felony aggravated DUI after a crash that left a 52 year old woman severely injured. The victim, who’s name has not been released, was crossing the street when Green allegedly struck her with his vehicle throwing her onto the pavement. She was taken to Stroger Hospital in critical condition.

Green has also been charged with Possession of Marijuana, Failure to Yield to a Pedestrian, Failure to Carry a Driver’s License and Failure to Reduce Speed.

Court records show Green was previously charged with felony Possession of a Controlled Substance in 2010 but charges were later dropped. He was also charged with Possession of a Controlled Substance in connection to a Traffic case earlier this year but those charges were also dropped.

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Joleena Ramos, 23, was charged with two counts of DUI after she crashed her car into a Chili’s restaurant in the Morgan Park neighborhood. The crash caused a small fire in the restaurant which was quickly extinguished. Eight people were sent to several nearby hospitals.

Ramos was found behind the wheel of her car after the crash. In addition to driving under the influence, she was also cited for driving on a suspended license, driving without insurance, damage to public property, and failure to reduce speed.

Woman ticketed for DUI after weekend restaurant crash, www.chicagotribune.com, October 17, 2011

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Marlon Dampier, 24, was sentenced to 10 years in prison as a result of a fatal 2008 roller rink parking lot crash. Dampier plead guilty to driving under the influence at Markham Court House earlier this month.

Dampier’s blood alcohol level was nearly twice the limit at .157 percent when he crashed into another car in the parking lot of the Markham Roller Rink. The other car rolled over from the force of the collision and a passenger, Johnathan Fultz, was injured. Fultz later died from his injuries while three other passengers suffered severe injuries.

Dampier was detained by witnesses as he attempted to flee the scene.

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Juan Hernandez, 42, required treatment for minor injuries sustained after he crashed an ambulance he had allegedly stolen from Norwegian American Hospital. Hernandez reportedly stole the ambulance while paramedics were loading an empty stretcher around 1 A.M. Hernandez and the ambulance were found one and a half miles away from the hospital.

Hernandez was charged with two felonies, criminal damage to property and possession of a stolen motor vehicle. He is also charged with reckless driving and driving under the influence.

Cops: Drunken man steals ambulance, crashes, www.chicagotribune.com, October 2, 2011

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Sheila Kane, 30, was charged with aggravated DUI after she struck a bicyclist on the Near West Side. Witnesses at a bar reported seeing Kane consume six vodka drinks before getting behind the wheel of her vehicle.

Kane reportedly crashed into a barrier causing the vehicle to flip over before striking the bicyclist. The victim is in critical condition and on a ventilator after sustaining serious brain injuries as a result of the crash. Kane admitted to having three vodka drinks but refused testing. Kane’s blood alcohol content was .201 percent, more than twice the legal limit.

Woman accused of drinking six vodkas before driving into bicyclist, www.suntimes.com, September 5, 2011

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Henry Jesus Mendez, 21, was arrested in connection with car chase that resulted in a crash in the Lakeview neighborhood of Chicago.

Mendez allegedly began firing a gun at individuals he recently had an altercation with at a nearby nightclub. Police officers heard the gunshots and responded to the scene where witnesses pointed out the car as it drove away. Also in the car were two women and a fourth person who escaped and still remains unidentified.

Mendez crashed the car into a pole near Belmont and Sheffield and all occupants allegedly fled the vehicle. Mendez was charged with felony reckless discharge of a firearm and aggravated fleeing from the police. He was also charged with several traffic citations for running red lights, reckless driving, leaving the scene of an accident and damaging city property. According to police, Mendez disobeyed 10 stop signs and red lights.

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Bruce Brandwein, defense attorney for Alia Bernard, will argue that the “any amount” of marijuana law recently passed by the Illinois Supreme Court is unconstitutional and violates equal protection under the law.

Bernard was originally charged with reckless homicide, but aggravated DUI charges were filed after blood test detected some amount of marijuana in her system. She could face up to 28 years in prison if convicted. Bernard, 27, allegedly caused a fatal 9 vehicle pile-up when she rear-ended a stopped car and pushed the vehicle into an oncoming group of motorcyclist. Two people involved in the crash died and 12 others were injured.

Brandwein has motioned to have the aggravated DUI charges thrown out. Lead prosecutors on the case say they will fight Brandwein’s motion. Both sides will argue their positions in court on September 30, 2011.

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