from the Circuit Court of McHenry County. No. 14-CM-1332
Honorable Robert A. Wilbrandt, Jr., Judge, Presiding.
JUSTICE delivered the judgment of the court, with opinion.
Justices Jorgensen and Schostok concurred in the judgment and
1 After a bench trial, defendant, Chad R. Bardsley, was
convicted of aggravated assault of a private security officer
(720 ILCS 5/12-2(b)(4) (West 2014)). He appeals, asserting
that, because the State's evidence was sufficient to put
self-defense at issue and did not rebut that defense, the
State failed to prove his guilt beyond a reasonable doubt. We
hold that self-defense, as a defense to assault (720 ILCS
5/12-1 (West 2014)) and derivative offenses, is an
affirmative defense that a defendant forfeits by not raising.
Furthermore, we hold that the State's presentation of
evidence sufficient to allow a defendant to raise
the defense does not ipso facto raise the defense;
rather, a defendant must explicitly raise the defense to
avoid forfeiture. Defendant here did not explicitly raise
self-defense, and he thus forfeited it. We therefore affirm
2 I. BACKGROUND
3 Defendant was charged by complaint with a single count of
aggravated assault involving his near-biting of Kenneth
Klean, a hospital security officer at Centegra Hospital. At
defendant's bench trial, both parties made brief opening
"[The State]: ***
Your Honor, there is going to be evidence and testimony from
Kenneth Klean, a security officer for Centegra Hospital. He
was acting within his capacities on July 19, 2014 when the
defendant, Chad Bardsley, who was in an intoxicated state,
attempted to bite Officer Ken Klean *** as Officer
Klean was trying to restrain him because of his belligerent
THE COURT: Defense?
[Defense counsel]: *** Everything the State says is
entirely true except for one issue[:] [defendant] was never
attempting to bite Mr. Klean. [Defendant] was brought in. He
was in an intoxicated state.
Due to his state and him being aggressive, he was put in
restraints. *** He was able to bite into those
restraints in order to loosen one of his hands on several
occasions, Mr. Klean having to come in on every occasion and
then refasten it.
On one of the occasions, the last occasion, Mr. Klean walks
in, and [defendant], again, was trying to loosen the strap in
order to get his hand out. And it's at that point that
Mr. Klean basically *** puts his hand ...