from the Circuit Court of the 12th Judicial Circuit, Will
County Circuit No. 13-CF-401, Illinois.Honorable Edward A.
Burmila, Jr., Judge, Presiding.
JUSTICE SCHMIDT delivered the judgment of the court, with
opinion. Justices Carter and McDade concurred in the
1 Defendant, Kimberly J. Williams, appeals from her two
convictions for aggravated battery. Defendant argues (1) the
State failed to prove beyond a reasonable doubt that
defendant's use of force was not justified, (2) defendant
was deprived of her due process right to a fair trial, and
(3) one of defendant's convictions must be vacated under
the one-act, one-crime rule. We affirm in part and vacate in
3 The State charged defendant by indictment with two counts
of aggravated battery (720 ILCS 5/12-3.05(a)(1), (f)(1) (West
2012)) and one count of battery (720 ILCS 5/12-3(a)(1) (West
2012)). At trial, the court granted a directed finding for
defendant on the battery charge. Defendant does not raise an
issue regarding this charge on appeal. Count I alleged:
"[D]efendant, in committing a battery, *** without legal
justification and by use of a deadly weapon, to wit: a bat,
knowingly made physical contact of an insulting or provoking
nature with Theresa Washington, in that said defendant struck
Theresa Washington about the body with a bat."
Count II alleged:
"[D]efendant, in committing a battery, *** knowingly and
without legal justification caused great bodily harm to
Theresa Washington, in that said defendant struck Theresa
Washington about the body with a bat.
" Prior to trial, defendant disclosed that she intended
to raise the affirmative defense of self-defense. The case
proceeded to a bench trial.
4 The undisputed facts establish that defendant was in a
relationship with an individual in Vietnam whom she referred
to as "master." Defendant called herself
"slave" in the relationship. "Master"
asked defendant to take nude photographs while performing
housework. "Master" recommended that defendant use
the internet website collarme.com to find an
individual to take the photographs. Defendant contacted
Theresa Washington on this website and arranged a meeting at
TGI Fridays on the afternoon of January 15, 2013. At the
restaurant, defendant and Washington conversed and consumed
alcoholic beverages. Around 5:30 p.m., defendant and
Washington left the restaurant to go to defendant's
house. Along the way, defendant purchased two bottles of
5 At defendant's house, Washington waited inside while
defendant walked her dogs. When defendant returned, she and
Washington got into an altercation. As a result of the
altercation, Washington received treatment for a broken arm,
contusions, and abrasions. Defendant also received scratches
and contusions but declined treatment.
6 Defendant and Washington do not agree on the events that
led to the altercation or the course of the altercation.
Washington testified that when defendant returned from
walking the dogs, she yelled at Washington for breaking the
cork in a wine bottle. Defendant removed the broken cork,
then she and Washington drank the wine and conversed for
several hours in the living room. At one point, defendant
called a male acquaintance and asked him to come to the
house. The male did not come over, and defendant became
agitated, removed her clothing, and sat naked on the floor.
Washington asked if defendant wanted to pose for the nude
photographs, but defendant could not find her camera.
Defendant then began acting sexually provocative. Washington
told her to stop, and defendant asked Washington to "put
her through some paces as far as [Washington] being a
dominatrix and [defendant] being a slave." Washington
told defendant that she was no longer a dominatrix. However,
defendant acted increasingly aggressive until Washington
agreed to be her dominatrix. Defendant refused to comply with
Washington's command to crawl. Washington told defendant
that she had to cooperate and "smacked [defendant] on
her butt, " grabbed defendant's hair, and told
defendant to crawl. Defendant crawled to her bedroom. In the
bedroom, defendant started laughing and refused to comply
with Washington's commands. Washington told defendant she
could not continue and left the bedroom. Washington put on
her boots and sweater and told defendant that she wanted to
leave. Defendant became aggressive and got "in
[Washington's] face." Washington was
"petrified, " and she pushed defendant. Defendant
stumbled, returned to her prior position, and continued to
yell. Washington again pushed defendant, and a small table
broke during defendant's fall. Defendant used one of the
broken table legs to hit Washington in her shoulders and
back. Washington yelled for defendant to stop and told
defendant to leave her alone. In the frenzy, Washington lost
consciousness. Washington next recalled lying on the floor
while defendant stood over her with a baseball bat. Defendant
moved to swing the bat, and Washington yelled that defendant
had broken her arm. Washington told defendant to let her go,
and defendant screamed at Washington to get out of the house.
Defendant continued to hit Washington, which prevented
Washington from leaving. Eventually, Washington wrested the
baseball bat from defendant, but she did not have enough
strength to swing the bat, and defendant recovered it.
7 During the altercation, defendant tried to drag Washington
out of the house by her hair. Washington resisted because she
did not have her coat or purse. Defendant shouted for
Washington to leave but impeded Washington's exit by
blocking the door. Eventually, defendant forced Washington
out the front door without her purse. On the porch,
Washington grabbed defendant's baseball bat to stop
defendant from hitting her. Defendant broke free and hit
Washington seven or eight additional times. Washington sat on
the porch stairs to avoid falling and asked defendant to stop
hitting her because she was attempting to leave. Defendant
stopped hitting Washington, and Washington used her right arm
to move down the stairs. Washington then ran to a neighboring
house for help.
8 On cross-examination, Washington said she took the
medications Wellbutrin, Prozac, Xanax, and Celebrex.
Washington's doctors said that it was safe to drink a
small amount while taking these medications. Washington