On behalf of Philip Nathe
The outcome of a criminal case should, and often does, depend on the many circumstances surrounding the occurrence of the alleged crime. While there are of course times when a person clearly intends to engage in an illegal activity, there are other times when such an event is the result of multiple unintended actions coming together. A 21-year-old, whose criminal case just worked its way through the court system in DuPage County, is a good example of this.
The man, a student at a college in the area, was shot two years ago when he entered the home of a police sergeant. At the time of the invasion, the sergeant was at home with his wife and 4-year-old child. When the man refused to leave the home, the police officer, who said the man was acting belligerent, shot him in the abdomen. The college student said he mistakenly entered the police officers home thinking it was the location of a party he had previously been at. At the time of the incident the accused was intoxicated.
The young man was charged with home invasion which carries a maximum sentence of 30 years in prison, if convicted. The jury that initially heard the case was unable to reach a verdict. Earlier this summer a judge found him guilty of a lesser charge, felony trespass. At the sentencing, rather than the 3-year prison term the prosecution sought, the judge ordered a 180-day jail term and two years of probation. Due to the year and a half the man already spent behind bars, the jail time was considered served. The judge indicated the probation period is designed to make sure that the young man is not drinking or doing drugs. The man said he is already back in college and has secured a job.
There are likely many thing s that contributed to the resolution of this case. The fact that he did not have a criminal record is likely a factor. So too likely is the approach the man’s criminal defense lawyer took.
Source: Daily Herald, “Probation for wrestler shot in Wood Dale cop’s home,” Josh Stockinger, Sept. 20, 2013