In a decision that could make it more difficult for the state to win felony convictions against hit-and-run drivers, the Illinois Supreme Court ruled Thursday that prosecutors must prove that accused motorists knew they hit a person, rather than an animal or object, before they fled the scene.
Under the 5-2 ruling–which centered around a Collinsville motorist who said he thought he hit a deer when he allegedly struck and killed a woman–prosecutors will have an increased burden of proving to jurors the driver’s state of mind.
The immediate impact of the ruling will be felt by Will County prosecutors, who are set to begin a high-profile trial next week against Richard Devon, 43, of Crete. Devon is accused of killing three young girls on a rural Crete Township road in May 1996.
Devon said he thought he hit a deer, authorities said.
Noting the similarities between the case the Supreme Court ruled on Thursday and the Crete case, some legal experts say Will County prosecutors will have a tough time winning.
“This ruling dramatically increases the state’s burden by requiring this additional mental state with regards to having struck a person,” said Jamie Carey, a professor of criminal law at Loyola University Chicago Law School.
“In this case, they could get hammered,” said Richard Kling, a professor at Chicago-Kent College of Law. Leaving the scene of an accident “is a charge of last resort as it is. They didn’t charge him with driving under the influence or reckless homicide.”
Other legal experts, however, said the practical impact of the ruling will be minimal. As it is, most felony crimes require proof of state of mind. For example, prosecutors must show that a murder suspect intended to kill and knew that it was wrong.
Prosecutors usually prove intent with circumstantial evidence, which is exactly the kind of evidence prosecutors use in hit-and-run cases.
Devon is alleged to have fled the scene of the accident May 26 and checked into a mental hospital three days later.
Prosecutors allege they have statements and physical evidence showing that Devon had changed a headlight on his car after the accident.
If that evidence can be used at trial, said law professor Kling, it may be enough to prove Devon’s state of mind.
“He may try to say, `I checked myself into a mental hospital and changed my headlight and did not make myself available because I thought I hit a deer,’ ” Kling said. “But a jury is going to say, `That’s nuts. That’s preposterous.’ “
Devon’s case drew much publicity and prompted Gov. Jim Edgar to sign a stiffer hit-and-run law in July. Under that law, a person has 1 hour, instead of 3, to report an accident involving death or personal injury. Failure to do so could result in a maximum 7-year sentence, rather than 3 years.
Devon is being tried under the old law.
Justice Michael Bilandic, who wrote the majority decision, narrowly interpreted the state law about failing to stop and report an accident involving injury or death of a person.
Noting that there are less serious laws on the books to deal with accidents involving property, Bilandic wrote: “Obviously, the only reason for this substantial increase in the penalty for violation of (the law) is because a person, as opposed to a piece of property, has been injured. It follows, then, that the mental state required for a conviction under (the law) would require knowledge that the defendant was involved in an accident involving another person.”
Justices Benjamin K. Miller and Mary Ann McMorrow dissented, saying the majority had interpreted the law too narrowly.
Will County Assistant State’s Atty. John McCabe, who is set to try Devon, said the ruling will make his job harder. But he said he still thinks he can win.
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“We were always prepared to proceed, no matter what the (Supreme Court) judges decided,” he said.
Devon is accused of fleeing the scene after striking and killing three Crete girls as they walked along darkened Burrville Road in Crete Township shortly before midnight.
Cari Sanaghan, 11, Sheena Acres, 12, and Courtney Lauer, 12, had reportedly been at a slumber party at the Sanaghan home when they sneaked out to meet a friend. They were accompanied by Cari’s twin sister, Sarah, who suffered minor injuries in the accident.
After a much-publicized manhunt, police arrested Devon on June 5, 1996, at Silver Cross Hospital in Joliet, where he had admitted himself on May 30.
He is scheduled to stand trial next week on four counts of failure to report an accident involving personal injury or death. He also is charged with two counts of obstruction of justice for allegedly replacing a headlight damaged in the accident, and allegedly lying to police about the location of his Chevy Blazer.
The trial has been delayed three times while attorneys waited for the Supreme Court ruling. At the most recent hearing, Circuit Judge Stephen White said he would not continue the case again to await the higher court decision.
Joliet defense attorney Tim Rathbun filed a motion with the Supreme Court last week, asking it to direct White to grant further continuances. Instead, the higher court issued the ruling on the Collinsville case.
On Monday, Judge White is expected to hear a motion filed by Rathbun seeking to quash a search warrant and suppress evidence police found at Devon’s home, including pieces of plastic and glass suspected to be from the damaged headlight and front of Devon’s car. They were discovered in the grass about 17 feet from his back porch.
Rathbun has also filed a motion to suppress the identification of Devon by a dispatcher at the Will County sheriff’s police substation in Crete. She is expected to testify that Devon came to the station on May 28 to report false information about the location of the vehicle involved in the accident.