CBA Record

Y O U N G L A W Y E R S J O U R N A L

THE DOUBLE-EDGE SWORD OF VICTIM SURVIVAL Imperfect Self Defense By Christopher Kopacz and Elena Penick O ne would assume that the pun- ishment for a shooting would be harsher if the victim died than if

he or she survived. Due to an anomaly in Illinois law, however, that is not always the case. In People v. Guyton , 2014 IL App (1st) 110450, the defendant fired a gun in the direction of two people, killing one and nicking the other. The sentence he received for the non-fatal shooting was twice as high as the sentence he received for the homicide, yet both convictions and sen- tences were upheld on appeal. This article addresses the counterintuitive results of Guyton and offers suggestions to practitio- ners faced with a similar scenario, where an attempted killing is arguably accompanied by the mitigating factors traditionally asso- ciated with second degree murder. Guyton’s Trial In Illinois, second degree murder is a lesser mitigated form of homicide that requires the State to prove the elements of first degree murder beyond a reasonable doubt and requires the defendant to prove that he was acting either (a) under a sudden and intense passion resulting from serious provocation; or (b) under the unreason- able belief that circumstances exist that would justify or exonerate the killing under self defense principles. The latter type of mitigation, often called “imperfect self defense,” was at issue in Guyton . Kasey Guyton was charged with the first degree murder of Adam Saldivar and the attempt first degree murder of Edner Flores. There was no question that Guyton shot Saldivar and Flores; the issue was whether he was acting under a belief in the need for self defense. The evidence at trial showed that Guyton’s car collided with a van occupied by Saldivar and Flores. An argument ensued and the men drove away. Guyton testified that several minutes later, he was walking down the street when the

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