APPELLATE COURT OF ILLINOIS, THIRD DISTRICT
P.S.B., a Minor, Respondent-Appellant)
528 N.E.2d 769, 174 Ill. App. 3d 114, 124 Ill. Dec. 81 1988.IL.1329
Appeal from the Circuit Court of Knox County; the Hon. Larry W. Heiser, Judge, presiding.
JUSTICE WOMBACHER delivered the opinion of the court. STOUDER, J., concurs. JUSTICE HEIPLE, Concurring in part and Dissenting in part.
DECISION OF THE COURT DELIVERED BY THE HONORABLE JUDGE WOMBACHER
The respondent, P.S.B., a minor, appeals his adjudication of delinquency for two counts of aggravated assault, the trial Judge's refusal to find him an addict, and his commitment to the Department of Corrections rather than to a long-term remedial facility for chemical dependents.
The incidents leading up to this adjudication of delinquency occurred on April 16, 1987, when P.S.B. consumed about 12 cans of beer, 18 cans of malt liquor, several marijuana cigarettes, and speed. He later ended up with five others in an automobile. There he threatened another male passenger by holding a knife to his neck. Later that night, while at a lake, he threatened one of the female passengers with a knife by holding it to her throat. Throughout the day, he continually expressed his intention to commit suicide. At one point, P.S.B. indicated he wanted to die and he wanted the three female passengers to die with him.
When the police arrived, P.S.B. told them to back off or he would kill the girls. After a brief delay they were able to seize and arrest him. P.S.B. admitted to the police at the scene he had been drinking and consuming drugs. The five other passengers stated P.S.B. was extremely intoxicated. The two responding police officers testified they felt he was not intoxicated; however, they did not look at his eyes or smell his breath.
Officer Perez, who met with P.S.B. following his arrest, testified P.S.B. was intoxicated because he smelled of alcohol, yelled and carried on, and was unable to stand up.
P.S.B.'s father, Mr. Bengtson stated he had seen his son intoxicated before, but not to this extent. P.S.B.'s mother testified he called her on April 16, about 10:30 p.m. She could tell he was intoxicated, almost to the point of asking for help. P.S.B. testified he periodically suffered blackouts on this night, he did not recall the events in the car or at the lake, which included both threats; however, he did recall his suicide intention. Finally, he categorized himself as an addict.
At the Conclusion of the hearing on June 23, 1987, the trial Judge adjudicated P.S.B. delinquent of aggravated assault as charged in counts I and II, since he possessed the requisite knowledge to complete the offenses.
A Dispositional hearing was conducted on August 11, 1987. The trial Judge denied P.S.B.'s "Motion For Finding of Addiction," stating he would consider his addiction when determining the Dispositional order. At the hearing, a social investigation report was introduced which revealed the respondent's parents were both alcohol abusers, neglectful, and child abusers. In 1973, P.S.B. and his two sisters were removed from the custody of their natural parents and adopted by Mr. and Mrs. Bengtson. P.S.B. was adjudicated delinquent and placed on probation in March of 1984, which he ...