The Illinois Supreme Court is expected to hear arguments Wednesday morning surrounding the appeal of Kane County prosecutors concerning the reversal of Mark Downs’ conviction for the killing of an Aurora boy.
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When that happens, Kane County State’s Attorney Joe McMahon said he’ll be in attendance.
In 2010, Downs was found guilty of shooting 6-year-old Nico Contreras to death in Aurora in 1996. He was sentenced to 70 years for the crime.
Witnesses at his trial said that on Nov. 10, 1996, Downs fired through a bedroom window into the home of the child’s grandparents, thinking the boy’s uncle, an alleged gang rival, would be there.
The uncle, no longer lived at the house. Instead, two of the shots hit the sleeping child.
During the summer of 2014, the Second District Appellate Court agreed with Downs’ argument that during his trial, Kane County Judge Timothy Sheldon made an error in his response to jurors about what constitutes reasonable doubt. Sheldon told jurors, “We cannot give you a definition, it is your duty to define.”
Downs said that in asking the question, the jury showed it was contemplating a standard less than the reasonable doubt standard required by law.
The appellate court agreed and reversed Downs’ conviction, sending the case back to trial court.
McMahon quickly appealed the appellate court decision to the Illinois Supreme Court.
On Sept. 24, 2014, the Illinois Supreme Court announced its decision to hear the appeal in the case.