Charges have been dropped against a mother and her son in the shooting death of a man at a restaurant. Surveillance footage shows the man punching the woman before the woman’s son pulled her gun and shot him. The woman had a concealed carry license and was a FOID card holder at the time of the shooting. The mother and son had been charged with first-degree murder, and the mother was charged with contributing to the delinquency of a minor. However, when footage emerged that the man was the aggressor, Cook County prosecutors decided to drop all the charges against them.
What Happened?
The mother was in line ordering food at a restaurant when she was approached by the victim. An argument ensues between the victim and the mother, and the victim throws a punch at the mother. The son, who had the gun on his person, pulls it from a front hoodie pocket and shoots the victim after he threw the punch at his mother.
As the argument was occurring, the mother texted her son that something rotten was afoot. The son grabbed the gun and walked into the restaurant, firing on the victim. Prosecutors said that the son followed the victim out of the restaurant and that the victim begged the son to shoot and kill him. The son fired more shots, which could have easily gotten him into serious trouble and derailed a self-defense plea.
Self-Defense
The mother and son are lucky that this case is not going to trial. Self-defense is somewhat difficult to prove in front of a jury, especially in cases of a shooting death. Self-defense is known as an affirmative defense because the defendant admits that they committed the act but states that the act was justified under the law. In these cases, the burden of proof shifts from the prosecution to the defendant, and there is ample room for the strategy to go wrong. It is always better to have the charges dropped than to face a jury, especially in a case involving first-degree murder charges.
In a case like this, prosecutors could have claimed that the son was acting in defense of his mother when he fired the first shot, but the subsequent shots were an attempt to kill. In other words, the son could easily be going to prison right now for defending his mother. However, prosecutors stated that they did not believe they could meet their burden of proof in front of a jury and dropped the charges against them.
Alternatively, they could have offered a plea deal for manslaughter or a related crime, but in this case, they simply dropped the charges. No one wants to convict a 14-year-old boy for defending his mother.
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David Freidberg helps those charged with serious crimes raise actionable defenses. Call our office today at (312) 560-7100 to schedule an appointment, and we can begin preparing your defense immediately.