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People v. Gil

Court of Appeals of Illinois, First District, Sixth Division

December 13, 2019

The PEOPLE of the State of Illinois, Plaintiff-Appellee,
v.
Jason GIL, Defendant-Appellant.

          Appeal from the Circuit Court of Cook County, No. 19-CR-03429; the Hon. Aleksandra Gillespie, Judge, presiding.

          Barry Sheppard and Adam Sheppard, of Sheppard Law Firm, of Chicago, for appellant.

          Kimberly M. Foxx, State's Attorney, of Chicago ( Alan J. Spellberg, Assistant State's Attorney, of counsel), for the People.

         Panel PRESIDING JUSTICE MIKVA delivered the judgment of the court, with opinion. Justices Cunningham and Connors concurred in the judgment and opinion.

         OPINION

          MIKVA , PRESIDING JUSTICE

         ¶ 1 This case is before the court on defendant Jason Gil's motion, filed in accordance

Page 222

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 concluded:

"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 ...


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