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.