from Circuit Court of Champaign County No. 15CF407 Honorable
Thomas J. Difanis, Judge Presiding.
JUSTICE KNECHT delivered the judgment of the court, with
opinion. Justices Holder White and DeArmond concurred in the
judgment and opinion.
1 Following a bench trial in May 2015, the trial court found
defendant, Chad Z. Williams, guilty of disorderly conduct and
criminal trespass to real property. In June 2015, the court
sentenced him to 68 months in prison for disorderly conduct
and imposed costs of $222 for criminal trespass to real
2 On appeal, defendant argues he was denied his right to a
fair sentencing hearing because the trial court improperly
considered the written report of defendant's fitness
examination in sentencing him. We affirm in part, vacate in
part, and remand with directions.
3 I. BACKGROUND
4 On March 24, 2015, the State charged defendant by
information with disorderly conduct (count I) (720 ILCS
5/26-1(a)(2) (West 2014)) and criminal trespass to real
property (count II) (720 ILCS 5/21-3(a)(2) (West 2014)).
Count I alleged defendant knowingly caused to be transmitted
to the Urbana Fire Department a false alarm of fire, knowing
at the time of such transmission there were no reasonable
grounds to believe a fire existed. Count II alleged defendant
knowingly entered upon the land of Carle Therapy Services,
located in Urbana, Illinois, after receiving, prior to such
entry, notice such entry was forbidden.
5 On March 25, 2015, defendant filed a motion for appointment
of a psychiatrist pursuant to section 104-11(b) of Code of
Criminal Procedure of 1963 (Code) (725 ILCS 5/104-11(b) (West
2014)). Defendant sought the appointment of "a qualified
expert to examine defendant as to his fitness to stand trial
and sanity at the time of the offense alleged." The
trial court granted defendant's motion, appointing Dr.
Lawrence Jeckel to examine defendant. The court ordered the
report as to fitness to stand trial to be provided to the
court and the report as to sanity at the time of the alleged
offense to be provided to defendant.
6 In April 2015, Dr. Jeckel filed his 15-page report with the
clerk of the circuit court. In a paragraph titled,
"Statement of Nonconfidentiality, " Dr. Jeckel
stated he "explained at the outset to [defendant] that
the examination did not constitute a doctor/patient
relationship in the usual sense, and that [Dr. Jeckel's]
findings and opinions would be included in a report that
would be made available to his attorney." Dr. Jeckel
further stated defendant understood Dr. Jeckel might be
requested to testify in court. Dr. Jeckel stated defendant
agreed "to these conditions." Dr. Jeckel reiterated
in a paragraph titled "Clinical Evaluation, "
defendant "understood the exception to confidential[ity]
and the requirement that [Dr. Jeckel] report to the Court the
results of the fitness examination." Ultimately, Dr.
Jeckel found defendant fit to stand trial.
7 In May 2015, defendant's bench trial commenced. Derrick
Odle testified he is a division chief for the Urbana Fire
Department. On March 23, 2015, six units responded to a false
alarm of fire from Carle Therapy Services in Urbana. Nathan
Pickens testified he is a security officer for Carle
Hospital, including Carle Therapy Services. Pickens provided
written notice to defendant on July 12, 2014, banning
defendant from all Carle properties. Kelly Vaughn testified
she is a patient services representative employed by Carle
Therapy Services. Defendant entered Carle Therapy Services on
March 23, 2015, and approached the front counter. Defendant
requested "blind assistance" and an ambulance.
Vaughn attempted to determine defendant's needs, but
defendant became "very agitated." Vaughn sought
assistance from a registered nurse who was also unable to
discern defendant's requests and directed a coworker to
call 9-1-1. While waiting for emergency responders, Vaughn
observed defendant pull the fire alarm, stating "that is
for refusing to help a blind man." Vaughn testified
defendant did not appear to be blind.
8 Urbana police officer Shannon Wolfe testified she responded
to a 9-1-1 call from Carle Therapy Services on March 23,
2015. She was familiar with defendant. Defendant has never
appeared to be blind. Defendant testified he went into Carle
Therapy Services on March 23, 2015, "with vision and
some other physiological symptom[s]." After waiting for
an ambulance for 20 minutes, he pulled the fire alarm.
Defendant understood there was no fire. Following
defendant's testimony, the trial court found defendant
guilty on both counts. Defendant filed a motion for acquittal
or, in the alternative, motion for a new trial. The trial
court denied the motion.
9 In June 2015, the trial court conducted the sentencing
hearing. In aggravation, the State presented the testimony of
Louis Hall. Hall testified he was employed as a security
supervisor for Carle Hospital on February 19, 2015. He had
encountered defendant on multiple occasions. On February 19,
2015, Hall responded to a fire alarm defendant pulled as he
exited the emergency room. Hall confirmed there was no fire
"or any emergency of any nature that would have
warranted [defendant] pulling the fire alarm." The State
recommended a five-year sentence. Defendant did not present
any evidence in mitigation. Defense counsel directed the
court's attention to Dr. Jeckel's report, arguing
"it clearly states, he-it's very likely he was
seriously abused as a child and had to be removed from the
home. And basically the child developed PTSD [(posttraumatic
stress disorder)], and that manifested itself into conversion
disorder." Defense counsel further argued the
26-year-old defendant was not a violent person. Defendant did
not speak on his own behalf. Defense counsel asked for
"conditional discharge and a period of 180-days in the
Champaign County jail."
10 The trial court noted two statutory factors in aggravation
were defendant's "prior criminal history" and
deterrence. The court referenced the two occasions in which
defendant falsely pulled a fire alarm, February and March
2015. It characterized the false pulling of a fire alarm at a
medical facility as "an outrageous crime." The
court considered defendant's "history, character,
and condition, " stating "that's where I get to
Dr. Jeckel's report." The court quoted from Dr.
Jeckel's report, as follows:
"[Defendant] continues to engage in malicious mischief
toward the police and in the community. He frequently acts
out infantile, omnipotent demands, such as asking staff at
Carle Therapy Services to call an ambulance for him. His
insistence that he is blind, deaf, has PTSD or narcolepsy, is
clumsy and may on occasion work with unsuspecting clerks. But
he really can become a tyrant if a clerk asks him to pay, and
he has a history of resisting arrest. *** Therefore, I
believe he should be considered a chronic suicide risk, which
is something that we have to take into consideration. In my
opinion, he is not suitable for treatment in a psychiatric
facility because he basically engages in ego-syntonic acting
out and has shown no indication of stopping his 'reign of