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People v. Bardsley

Court of Appeals of Illinois, Second District

June 8, 2017

THE PEOPLE OF THE STATE OF ILLINOIS, Plaintiff-Appellee,
v.
CHAD R. BARDSLEY, Defendant-Appellant.

         Appeal from the Circuit Court of McHenry County. No. 14-CM-1332 Honorable Robert A. Wilbrandt, Jr., Judge, Presiding.

          SPENCE JUSTICE delivered the judgment of the court, with opinion. Justices Jorgensen and Schostok concurred in the judgment and opinion.

          OPINION

          SPENCE JUSTICE

         ¶ 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 his conviction.

         ¶ 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 statements:

"[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 actions.
***
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 ...

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