Appeal from the Circuit Court of the 12th Judicial Circuit, Will County, Illinois. Circuit No. 10-CF-2658. The Honorable Sarah F. Jones, Judge, presiding.
In defendant's prosecution for attempted first degree murder, aggravated battery with a firearm and aggravated battery of a child arising from an incident in which he shot his 12-year-old son in the head, his convictions for aggravated battery with a firearm and aggravated battery of a child following a jury trial after he was found fit to stand trial were vacated under one-act, one-crime principles, but the attempted first degree murder conviction was upheld.
Daniel T. Mallon (argued), of State Appellate Defender's Office, of Chicago, for appellant.
James Glasgow, State's Attorney, of Joliet (Thomas D. Arado (argued), of State's Attorneys Appellate Prosecutor's Office, of counsel), for the People.
JUSTICE O'BRIEN delivered the judgment of the court, with opinion. Justices Holdridge and Wright concurred in the judgment and opinion.
[¶1] The defendant, Roderick Tademy, appeals his conviction for attempted first degree murder, aggravated battery with a firearm, and aggravated battery of a child for shooting his 12-year-old son in the head.
[¶3] The defendant was charged by indictment with attempted first degree murder, aggravated battery with a firearm, and aggravated battery of a child for shooting his 12-year old son, O.T., in the head. The defendant was found fit to stand trial, and the case proceeded to a jury trial.
[¶4] Antoinette Tademy, the defendant's wife, testified that on December 20, 2010, she was at home with the defendant, their twin five-year old daughters, and O.T. Antoinette testified that the defendant had started drinking alcohol at around 7 a.m. on that day. By late afternoon, he had drunk a half of a large bottle of vodka, some beer, and some wine coolers, but Antoinette did not notice signs of intoxication. Later in the day, she decided to take the kids to the mall, so she went into her room to get dressed. O.T. was sitting in the living room, and the twins were eating dinner in the kitchen. Antoinette heard a loud clap, and then the defendant came into the bedroom, pointing a gun at her. She testified that he seemed abnormal and that he was angry and disconnected. The defendant asked her how she could let O.T. molest one of the twins. She told him that was not true. The defendant tried to hit Antoinette in the head with the gun, and she ran out of the bedroom toward the kitchen door.
[¶5] Antoinette called out to O.T. to run away, but the defendant said that O.T. was dead. Antoinette went into the living room, where she saw O.T. sitting on the couch with a gunshot wound to the head. Antoinette testified that she called 911 and at that point the defendant " snapped out of it" and went to get a towel. Antoinette described it as the defendant coming back to normalcy. The defendant said that he was sorry and that he was losing his mind. Antoinette testified that the defendant had been acting abnormally, on and off, for about 3 1/2 years, but she only ...