Posted on April 18, 2012 in Criminal Defense

According to an article in the April 10, 2012 edition of the Chicago Sun Times, a Lake County jail inmate passed away on March 3 from spinal injuries received during an altercation occurring within the jail. Although the death of 51-year-old Eugene Gruber has been officially ruled a homicide by the medical examiner, the Lake County's state attorney has requested a review of the initial investigation conducted jail authorities.

In addition to spinal injuries, Mr. Gruber also suffered from bronchial pneumonia, dilated cardiomyopathy and paraplegia, all of which contributed to his death. Supplementary information reports state that Gruber sustained his injuries on or around October 31 and died on March 3 while being treated at Mount Sinai Hospital. An autopsy performed on March 4 resulted in inconclusive findings, according to the medical examiner's office.

Meanwhile, the Special Investigations Division of Lake County's state's attorney office examined videotape, documents and conducted interviews regarding Gruber's death and decided there was not enough evidence to warrant pressing criminal charges against inmates or jailhouse authorities.

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 Posted on April 14, 2012 in Criminal Defense

A recent report given by the Chicago Police department shows that Chicago homicides are on the rise. A majority of those crimes were shootings, a statistic causing some concern for gun control in Chicago. In 2010, the Chicago City Council attempted to impose strict gun laws throughout the city after the United States Supreme Court overthrew the city’s handgun ban, which had been in place for decades.

Officials are still battling for stricter gun control. Last year, Chicago Mayor Daley outlined a list of new measures to tighten the reign on gun commerce and gun ownership and use. Some included harsher punishments for juveniles found using or in possession of guns. Other restrictions prevent guns being carried outside the doors of private homes and businesses. Some of the laws can put a person behind bars for 1 to 3 years for even pointing a weapon. Restrictions on buying and selling guns will also increase.

In 2011, the city was forced to amend some of its gun ordinances when the U.S. Supreme Court overturned a ban on gun ranges. Press releases from the mayor’s office cite the numerous legal challenges against the city’s gun policies, some of which continue today.

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 Posted on April 11, 2012 in DUI

Illinois drunk driving laws require anyone convicted of a DUI to install a BAIID, or breath alcohol ignition interlock device before being able to start their car and drive. This also applies to people who refused to take a breathylzer or blood test at the time they were suspected of being under the influence. Individuals convicted according to this law may be able to use an MDDP, or “monitored device driving permit,” which permits them to drive as long as an IID is installed in their automobile.

Breath alcohol ignition devices are with a vehicle's ignition system. These Illinois DUI offenders can drive their car as long as they register less than a .025 blood alcohol content when blowing into the breath test unit. Users should be aware that BAIIDs will ask for random breath tests even while the car is moving, which is intended to prevent someone who has no alcohol in their system from starting the vehicle for someone who may have had a drink. An ignition interlock device also records and retains all testing results in order to transmit them to the proper authorities. It is highly recommended that DUI offenders do not attempt to interfere with the legitimate operation of a BAIID. The possibility that they will be caught is high and the consequences involved will result in more severe penalties.

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 Posted on April 08, 2012 in White Collar Crime

A little over a year ago, Naperville Illinois resident Travis Edwards was convicted of computer fraud, computer tampering and cyberstalking related to his ex-girlfriend, who was attending Northern Illinois University. Angry over his girlfriend breaking up with him, Edwards began making, deleting and altering purchases using his ex-girlfriend's email, social and financial accounts. Calling himself "Hacker X", Edwards also "made comments about purchasing Chicago Bears tickets, stealing identities and altering passwords". When he began threatening her with physical harm, the ex-girlfriend finally contacted NIU's police department

Edwards later admitted to NIU police that he had threatened to hurt his ex-girlfriend by sending numerous email messages to her, but said he would have never acted on them. Edwards also states that he had deleted items on her Facebook account and attempted to buy images from an internet service using his ex's bank account information. If convicted of cyberstalking, Edwards could be looking at spending three years in jail in addition to court fines and costs.

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 Posted on April 06, 2012 in Assault & Battery

The Chicago Tribune reports that a woman used a broken wineglass to slash her boyfriend’s neck during an early Monday morning domestic altercation in Chicago’s Rogers Park neighborhood. While law enforcement officials took the 51-year-old woman into custody, the injured man was transported to St. Francis Hospital in Evanston for treatment.

In the state of Illinois, the law treats domestic disputes very seriously. Pursuant to Illinois’s domestic battery statute, police must take a suspect into custody whenever they have probable cause to believe that a domestic battery occurred. Police must make a domestic battery arrest even if the victim refuses to make a statement or sign a complaint form. No matter how uncooperative the victim may be, the police still must follow the domestic battery statute.

Under Illinois law, domestic battery occurs whenever a person knowingly or intentionally caused, without legal justification, bodily harm or insulting or provoking physical contact, to a family or household member. An incident legally qualifies as a domestic battery even if it involves only a slap or push, or a very minor injury.

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 Posted on April 03, 2012 in DUI

On May 21, 2011, a Chicago Streets and Sanitation city vehicle driven by 62-year-old Dwight Washington ran up a curb and slammed into a group of people on a Near North Side sidewalk, injuring seven. A bottle of brandy was found in the truck and Washington had a blood alcohol content (BAC) of twice the legal limit in Illinois.

Washington has already served over 300 days in jail since the incident, and these will be deducted from the nine-year prison sentence he received late last month. Washington, a Vietnam veteran, husband, and father, pled guilty, and read an apology to the victims of the accident, some of whom were severely injured.

Many were surprised that Washington didn’t receive a lengthier sentence, but the judge hearing the case pointed to the fact that Washington “didn’t wake up on May 21^st with the intention of hurting his fellow citizens” and said “he will be punished.”

[caption id="attachment_6" align="alignright" width="300" caption="screenshot via abc7 news, Chicago"][/caption]

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