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In re Davontay A.

Court of Appeals of Illinois, Second District

December 30, 2013

In re DAVONTAY A., a Minor
v.
Davontay A., Respondent-Appellant. The People of the State of Illinois, Petitioner-Appellee, In re DONAVON A., a Minor The People of the State of Illinois, Petitioner-Appellee,
v.
Donavon A., Respondent-Appellant.

Held [*]

Respondents’ adjudication as delinquent minors based on the findings that they committed multiple offenses, including the aggravated criminal sexual abuse of a female passenger on a school bus, was upheld over their contention that there was no evidence that they intended the sexual gratification or arousal of anyone, since the trial court’s inference that respondents’ actions were for the purpose of sexual gratification or arousal, not merely the humiliation of the victim, was not against the manifest weight of the evidence; however, the imposition of the $200 sexual assault fine was vacated because the statute did not provide for the application of the fine to persons adjudicated as delinquent minors and made wards of the court.

Appeal from the Circuit Court of Winnebago County, Nos. 10-JD-419, 10-JD-418; the Hon. K. Patrick Yarbrough, Judge, presiding.

Thomas A. Lilien and Barbara R. Paschen, both of State Appellate Defender’s Office, of Elgin, for appellant.

Joseph P. Bruscato, State’s Attorney, of Rockford (Lawrence M. Bauer and Colleen P. Price, both of State’s Attorneys Appellate Prosecutor’s Office, of counsel), for the People.

Panel JUSTICE McLAREN delivered the judgment of the court, with opinion. Justices Hutchinson and Spence concurred in the judgment and opinion.

OPINION

McLAREN JUSTICE

¶ 1 In these consolidated cases, respondents, Davontay A. and Donavon A., were adjudged to be delinquent minors, made wards of the court, and placed on probation.[1] They now appeal, contending that: (1) the charges against them were not proven beyond a reasonable doubt; and (2) the trial court erred in assessing sexual assault fines. We affirm in part and vacate in part.

¶ 2 I. BACKGROUND

¶ 3 Davontay, age 13, and his brother Donavon, age 12, were each charged under the Juvenile Court Act of 1987 (Juvenile Court Act) (705 ILCS 405/1-1 et seq. (West 2008)) with 13 sex-related offenses arising from an incident occurring on a school bus on December 1, 2010, involving a 13-year-old fellow student, K.J.D.[2] After trial, the trial court found the following charges against Davontay proven: aggravated criminal sexual abuse (720 ILCS 5/12-16(c)(2)(ii) (West 2008)) (count I); attempt (aggravated criminal sexual abuse) (720 ILCS 5/8-4(a), 12-16(c)(2)(ii) (West 2008)) (count IV); criminal sexual abuse (720 ILCS 5/12-15(b) (West 2008)) (count VII); and aggravated battery (720 ILCS 5/12-4(b)(8) (West 2008)) (count XIII). The court found the following charges against Donavon proven: attempt (aggravated criminal sexual abuse) (720 ILCS 5/8-4(a), 12-16(c)(2)(ii) (West 2008)) (count V); and aggravated battery (720 ILCS 5/12-4(b)(8) (West 2008)) (count X).

¶ 4 K.J.D. testified that, on December 1, 2010, as she was riding the late activity bus home from school, she was bothered by a series of boys. She moved to various seats on the bus to get away from the boys, but eventually a boy named Dezzion sat next to her. Dezzion turned her around in her seat so that she faced the back of the seat and "started humping" her for about a minute, pressing the front of his body against the back of her body.[3] When Dezzion left, Davontay took his spot. K.J.D. was standing on the seat, facing sideways, and Davontay was lying down on the seat. His left hand was on K.J.D.'s upper thigh and his right hand was on her vagina, moving. Davontay and another boy, Quinten, tried to prevent K.J.D. from leaving, but Quinten let her go, and she punched Davontay. She then attempted to move to the back of the bus. As she walked in the aisle, Donavon "humped" her. His hands were on her waist and he moved his body back and forth on her "behind" for about a minute before he left and K.J.D. took a seat. K.J.D. testified that Donavon later told her to get up from that seat and pushed her face with an open hand when she refused.

¶ 5 The State also introduced into evidence a DVD recording, approximately 40 minutes long, from a surveillance camera mounted at the front of the bus facing the back. K.J.D. testified while she watched the recording, pointing out individuals and describing their actions. The recording shows a school bus full of students; without a witness to identify respondents or even K.J.D., it is difficult to discern individuals or relevant actions to which witnesses testified while watching the recording.

¶ 6 Davontay testified that he took the activity bus home from school on December 1, 2010. He had known K.J.D. for about two years. He denied grabbing K.J.D.'s vagina or legs, lying down on a seat that she was standing on, or holding her and preventing her from leaving. He also denied that K.J.D. hit him; he saw her hit someone named "Quinn."

ΒΆ 7 Davontay also testified while watching the recording. Again, this "testimony" is mostly Davontay pointing out and identifying various people in the recording. He described how someone named "Curtis" grabbed K.J.D.'s leg. At some point later, ...


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