Court of Appeals of Illinois, First District, Sixth Division
from the Circuit Court of Cook County, No. 19-CR-03429; the
Hon. Aleksandra Gillespie, Judge, presiding.
Sheppard and Adam Sheppard, of Sheppard Law Firm, of Chicago,
Kimberly M. Foxx, State's Attorney, of Chicago ( Alan J.
Spellberg, Assistant State's Attorney, of counsel), for
PRESIDING JUSTICE MIKVA delivered the judgment of the court,
with opinion. Justices Cunningham and Connors concurred in
the judgment and opinion.
, PRESIDING JUSTICE
1 This case is before the court on defendant Jason Gil's
motion, filed in accordance
with Illinois Supreme Court Rule 604(c) (eff. July 1, 2017),
for review of the circuit court order denying him release on
bail. The State has filed a response to that motion. We
recently discussed the abbreviated procedures on a Rule
604(c) appeal in People v. Simmons, 2019 IL App.
(1st) 191253, 436 Ill.Dec. 1004, 143 N.E.3d 833, and those
procedures appear to have been properly followed here.
2 For the following reasons, we reverse the order of the
circuit court denying Mr. Gil release on bail and remand to
the circuit court for the purpose of setting the amount of
bail and other conditions of his release.
3 I. BACKGROUND
4 Mr. Gil was a math teacher at a Chicago Public School. In
February 2019, he was arrested and charged with having had a
sexual relationship with one of his students since 2016. The
victim was alleged to have been 13 and 14 years old during
the time that she had ongoing sexual contact and was trading
nude photographs with Mr. Gil.
5 On February 12, 2019, a judge in the circuit court found
that probable cause existed to detain Mr. Gil for multiple
felony offenses. On that date, the court was provided with
pretrial services' public safety assessment for Mr. Gil.
It showed that Mr. Gil had no criminal record. The assessment
placed him at a "1," the lowest possible number, in
terms of "new criminal activity." It also placed
him at a "1" on the possible failure to appear. It
recommended "maximum conditions" if released. The
court ordered that Mr. Gil be held without bail. The court
focused on the disturbing nature of the alleged crimes and
"The aggravation in this case tremendously outweighs the
mitigation. The Court finds that this defendant who stands
before me poses a real and present threat to this victim as
well as this community. The Court further finds that the
proof is evident, the presumption great that this defendant
indeed committed those offenses as charged."
6 On February 14, another judge in the circuit court denied
Mr. Gil's motion to set bail. The court again focused on
the "factors in aggravation and mitigation" and, on
the basis of the "findings" of the original ...