Simmering controversy over the state’s felony murder law blew up in mid-August of 2019 when a group of teens was charged with murder after an Old Mill Creek homeowner shot and killed a 14-year-old boy during an alleged car burglary spree by the group.
The gun-licensed Old Mill Creek homeowner told police he noticed several people in his driveway near his cars after 1 a.m. Aug. 13, and said he fired shots from his front porch to scare off the group after one or more of them approached the porch, allegedly brandishing a knife.
But one of the shots hit a 14-year-old member of the group of six Chicago teens, and the boy was mortally wounded by the bullet that struck his head.
The other teens grabbed the boy who had been shot, and fled in a stolen car authorities said they had driven to the home.
The wounded teen was dropped off to police, along with one of the defendants, at a Gurnee accident scene. The 14-year-old was pronounced dead after being transported to Advocate Condell Medical Center in Libertyville.
The remaining teens fled after dropping the two off, and led police on a chase from Gurnee to Chicago that didn’t end until the stolen car they were in, a Lexus allegedly taken in Wilmette, ran out of gas.
All of the surviving teens were captured and arrested.
Killed in the shooting was 14-year-old Ja’quan Swopes.
Soon after their arrest, all five of the teens present were charged with felony murder by the Lake County State’s Attorney’s Office. Illinois law allows those involved in the commission of a crime to be charged with murder if someone dies during the incident, even if that person was not the killer.
The move immediately drew outrage from family members and relatives of the defendants, and advocacy groups, including the Evanston-based Restore Justice Illinois, became involved and participated in community meetings.
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In charging the teens with murder, Lake County State’s Attorney Michael Nerheim said he believed the defendants, while not behind the trigger of the gun, were ultimately responsible for the loss of the 14-year-old’s life.
But on Aug. 26, after an investigation was completed, Nerheim reversed his stance, dropping the murder charges against the teens, although he maintained the charges had been legally justified.
Nerheim said he used his discretion to drop the murder charges “after full consideration of all the evidence, mitigation presented by defense counsel as well as the wishes of the victim’s family.”
Tthe state’s attorney’s office replaced those charges with far less serious counts of burglary.
Diamond Davis, 18, the only member of the group charged as an adult, pleaded guilty to conspiracy to commit burglary, a felony carrying a possible penalty of up to three years in prison, and was sentenced in early November to a year in prison by Lake County Circuit Judge Victoria Rossetti.
Davis was told by Rossetti that she is eligible for day-for-day good behavior credit in prison and was given credit toward the sentence for 85 days spent in Lake County jail. She will serve a year of supervision following her release.
The remaining defendants faced burglary charges in juvenile court, and their cases were resolved in hearings at the Depke Juvenile Justice Center in Vernon Hills.
Eric Rinehart, a Democratic candidate for Lake County State’s Attorney in next year’s general election, also weighed in after the teens had been charged with murder, accusing Nerheim of being overzealous in charging five teens with murder.
“Mr. Nerheim’s decision to charge the teenagers in this case with felony murder appears to be another instance of his office’s rush to judgment and prosecutorial overreach,” Rinehart said in a written statement released by his campaign manager.
Asked for comment on Rinehart’s accusations, Nerheim said that “while some may see this case as a political opportunity, I remain focused on keeping Lake County safe while respecting the rights of these offenders.”
After the murder charges were dropped, Swopes’ mother, Tyiesha Annan, said all of the defendants were either family or close friends, and she was glad the murder charges were dismissed.
“I’m happy for the decision for the kids,” she said, but added she did not think the shooting of her son was necessary or justified, and that she might pursue civil action.
The homeowner was not charged following the conclusion of the investigation.