Murder / Death Cases / Serious Injury

The following cases are recited to illustrate a cross-section of the types of dispositions achieved. It is not intended to represent a total or complete list of all of the case successes or favorable dispositions in the past 30 years. Salvatore C. Miglore has had many, many more NOT GUILTY findings for clients and/or findings of lesser offenses; and many may more favorable dispositions then stated below.

People v. KB

- The Defendant was charged with Aggravated Battery to a child, with a sentencing range of 12 to 60 years with all charges, based upon “shaken baby syndrome. The Defendant was the caretaker of a foster child whom obtained severe brain injuries and retinal bleeding as a result of Defendant allegedly shaking the baby so violently that the top of her brain dislodged from the skin or membrane in the skull, causing a subdural hematoma, where the baby could not breathe without a respirator or carry on normal bodily functions. The Defendant alleged the baby fell out of a crib; however, the State argued that the scientific evidence showed that this type of injury could not occur from a 5-foot fall. However, Defendant retained a biomedical mechanical engineer, a brain surgeon, a medical researcher, a psychologist and psychiatrist, whom were all able to convince prosecutors and the trial court, after several hearings, that the fall from the crib was possible, and that Defendant’s “ADHD” contributed to her lack of attention for a hyper active, crack baby, falling out of the crib. The resulting charge was significantly reduced, but there was liability for neglect and abuse of the child, while in the care of the Defendant for her failure to properly supervise the child. As was noted, the crime was significantly discounted and the punishment greatly diminished. Thus, the Defendant received a 3-year sentence at 50% time, and actually served about 10 months total in the Department of Corrections for a simple aggravated battery, instead of a minimum of 12 years to 60 years at 85% time, or “Truth & Sentencing” to apply upon the original charge.

People v. MB

- The Defendant was charged with first-degree murder. The Defendant was 15 years of age and a gang member, while on juvenile parole for another shooting. The Defendant shot and killed an 18-year old rival gang member in a drive-by shooting. Before Salvatore C. Miglore was retained, the Defendant confessed and did a crime re-enactment video for the police. The Defendant was tried as an adult automatically under Illinois law, and faced a sentencing range of 45 years as a minimum, at 100% time, to life in prison as an adult, which the State sought. After many pretrial motions, upon suppressing the confession and crime re-enactment video, the matter proceeded to trial. The defense was able to convince the judge that the Defendant did not formulate the requisite intent to commit first-degree murder, due to being chased and confronted by rival gang members while the car he was in passed by. The Defendant was found Not Guilty of all 5 counts of first-degree murder, but was found guilty of a lesser offense of armed violence based upon aggravated discharge of a firearm. At trial, Salvatore C. Miglore was able to point our several problems with the State’s case with forensic experts and psychological evaluations of Defendant, whom were hired. The Defendant was sentenced to prison, but for a much shorter term than a first degree murder conviction. The issue of whether this was a properly formulated lesser charge is currently on appeal, by the defense. But, this was one of only a few acquittals of first-degree murder charges in DuPage County in the last 25 years.

People v. DM

- The Defendant was charged with first-degree murder and 5 counts of Aggravated Battery with a firearm by shooting 5 people whom did not pose a threat and killing one alleged rival gang member, whom did pose a threat. The Defendant was called to a party with a firearm because of a fight involving his younger brother. After a physical altercation erupted, the Defendant shot and killed one person and wounded 5 others. Also, before Salvatore C. Miglore was retained the Defendant confessed. The Defendant argued self-defense, or a belief that his brother was about to be shot, upon the theory of “self defense of another person facing death or imminent serious bodily injury.” The victim having a broken gun, of which Defendant only saw after it was pointed at him, but did not know it was not an operable weapon. However, Salvatore C. Miglore, at the client’s request, was able to convince the prosecutors for a reduction to second degree murder with a sentencing range of 10 to 20 years at 50% time and 4 out of the 5 Aggravated Battery charges dropped. This was done after several pre-trial motions and hearings; plus a thorough forensic investigation by experts retained. The Defendant faced a minimum of 45 years to life in prison for first-degree murder, and 4 to 15 years, as consecutive sentences on each of the 5 aggravated batteries. However, because of the reduction and dismissals, he will be released on parole serving about 12 years total, for 2 counts out of 7 with one person dead and 5 people whom were bystanders were shot and injured.

People v. TK

- This case was a negligent homicide of a baby, whom was killed by her falling into a pot of boiling water. The client was the owner of the building, whom had not properly maintained the property for the victim’s parents as tenants; thus, forcing the tenants to boil hot water and get snow from the outside to use water. The water “buffalo box” outside was frozen in winter, thereby, depriving the building of water. The baby allegedly fell into the pot of water. After trial, the court ruled, as argued by the defense, that there was no nexus/connection to Defendant’s alleged failure to properly maintain the building’s water supply, causing the death of the child; and further, that the State failed to prove the death was caused by any act of the Defendant. The Defendant was found Not Guilty and was totally exonerated.

People v. LB

- This was a first-degree murder case, where the client allegedly shot a rival gang drug dealer to death in a crowded parking lot. The Defendant faced 20 to 60 years in prison. After trial, there was a finding of Not Guilty, due to self-defense and/or a “Lynch defense.” The Defense was able to show that the victim had a propensity for violence, via Chicago Police detectives, and that he had the legal right to shoot first, because of his fear of death or great bodily harm. The Defendant was totally exonerated.

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