Appeal from the Circuit Court of the 21st Judicial Circuit, Kankakee County, Illinois, Circuit No. 10-CF-235 Honorable Kathy Bradshaw-Elliott, Judge, Presiding.
JUSTICE HOLDRIDGE delivered the judgment of the court with opinion. Presiding Justice Wright and Justice O'Brien concurred in the judgment and opinion.
¶ 1 After a jury trial, the defendant, Darnell M. Fonder, was convicted of resisting a peace officer (720 ILCS 5/31-1(a-7) (West 2010)) and criminal trespass to real property (720 ILCS 5/21-3(a)(3) (West 2010)). The trial court sentenced the defendant to three years of imprisonment. On appeal, the defendant argues that the trial court erred when it did not instruct the jury that it must find that the defendant's conduct was the proximate cause of an injury to a peace officer to sustain a felony charge of resisting arrest. We reverse and remand the cause.
¶ 2 FACTS
¶ 3 The defendant was charged by indictment with aggravated battery (720 ILCS 5/12-4(b)(18) (West 2010)), resisting a peace officer (720 ILCS 5/31-1(a-7) (West 2010)), and criminal trespass to real property (720 ILCS 5/21-3(a)(3) (West 2010)). On December 6, 2011, the case proceeded to a jury trial.
¶ 4 At trial, Officer Michael Shreffler testified that at approximately 2:30 p.m. on May 7, 2010, he responded to a call at the residence of Crystal Davis. At the scene, Shreffler threatened to arrest the defendant if he returned to Davis' residence.
¶ 5 At approximately 8:30 p.m. on the same date, Shreffler responded to another call at the Davis residence. Davis told Shreffler that the defendant had returned. Shreffler observed the defendant walk toward him from behind the building. As Shreffler approached the defendant, Officer Joseph Martinez arrived at the scene. Shreffler noticed that Martinez was uninjured. Thereafter, Shreffler approached the defendant. He announced that the defendant was under arrest, instructed the defendant to place his hands behind his back, and attempted to grab the defendant's arm. The defendant said "[I] ain't getting arrested for this bullshit" and pulled his arm away. The defendant then fought with Shreffler and Martinez as they attempted to restrain him. The officers gained control of the defendant only after Martinez dry-stunned him twice with his taser.
¶ 6 Martinez testified that when he arrived at the scene, he saw Shreffler speaking with Davis. Shreffler then went to the side of the building and spoke with the defendant. Martinez first approached Davis and then went to Shreffler's location, where he saw Shreffler advise the defendant that he was under arrest. The defendant tugged his right arm away as Shreffler attempted to place him in handcuffs. Shreffler instructed the defendant not to resist. Martinez attempted to grab the defendant's left arm, but the defendant swung his arm up, scratching Martinez's nose and forehead. The defendant continued to fight with the officers until Martinez dry-stunned the defendant twice. Shreffler transported the defendant from the scene, and Martinez completed the paperwork for the offense and took Davis' statement.
¶ 7 During the struggle, Martinez received small abrasions to his nose and forehead. Martinez identified a photograph that was taken after the incident that depicted the injuries, and the photograph was admitted into evidence. However, the photograph did not display the full extent of the injuries because Martinez had cleaned the "blood dripping on [his] face" in Davis' bathroom. Martinez was uninjured before the altercation.
¶ 8 Davis testified that she had known the defendant for approximately five years. On the evening of May 7, 2010, she spoke with Martinez for approximately two minutes and then he went around the side of the building to look for the defendant. Davis followed Martinez around the side of the building and saw Martinez and Shreffler ask the defendant for identification. When the defendant said that he did not have identification, the officers instructed the defendant to come with them and grabbed his arm. The defendant responded that it hurt, and the officers threw the defendant on the ground, jumped on him, and sprayed him with mace. The defendant told the officers to stop and proclaimed that he "didn't do nothing." Davis also asked the officers to stop.
¶ 9 After the defendant was placed in the police car, Martinez went to Davis' apartment and asked her to sign some paperwork. At that time, Davis did not notice any injuries to Martinez's face, and Martinez did not use her bathroom.
¶ 10 On cross-examination, Davis stated that the defendant was the father of her daughter. On the date of the incident, she and the defendant were separated, and she called the police after the defendant came to her residence in the afternoon. The police responded in the evening of May 7, 2010, when they saw the defendant standing in front of the apartment building where Davis lived. Davis denied calling the police a second time. At trial, Davis stated that she and the defendant had reconciled their relationship.
¶ 11 At the jury instruction conference, the State tendered two jury instructions on resisting arrest. Defense counsel did not object to the instructions or offer his own ...