2024 IL App (2d) 230536-U
No. 2-23-0536
Order filed February 1, 2024
NOTICE: This order was filed under Supreme Court Rule 23(b) and is not precedent
except in the limited circumstances allowed under Rule 23(e)(1).
______________________________________________________________________________
IN THE
APPELLATE COURT OF ILLINOIS
SECOND DISTRICT
______________________________________________________________________________
THE PEOPLE OF THE STATE ) Appeal from the Circuit Court
OF ILLINOIS, ) of De Kalb County.
)
Plaintiff-Appellee, )
)
v. ) No. 23-CF-648
)
DARSHAWN N. BOND, ) Honorable
) Marcy L. Buick,
Defendant-Appellant. ) Judge, Presiding.
JUSTICE MULLEN delivered the judgment of the court.
Justices Hutchinson and Schostok concurred in the judgment.
ORDER
¶1 Held: The State failed to establish that no set of conditions could mitigate any threat
defendant’s pretrial release would present; all other issues raised by defendant are
moot.
¶2 I. INTRODUCTION
¶3 Defendant, Darshawn N. Bond, appeals an order of the circuit court of De Kalb County
granting the State’s motion to detain him in accordance with section 110-6.1 of the Code of
Criminal Procedure of 1963 (725 ILCS 5/110-6.1 (West 2022) (we will refer to article 110 of the
2024 IL App (2d) 230536-U
Code as the “Pretrial Fairness Act” or “Act”)). 1 For the reasons that follow, we reverse and remand,
with directions.
¶4 II. BACKGROUND
¶5 Defendant was charged by complaint with aggravated battery causing great bodily harm
(720 ILCS 5/12-3.05(a)(1) (West 2022)), a class 3 felony, and mob action (720 ILCS 5/25-1(a)(1)
(West 2022)), a class 4 felony. Defendant was arrested on November 26, 2023, and the State filed
a petition to detain defendant during his initial appearance that day. On its own motion, the trial
court continued the hearing on the State’s detention petition.
¶6 A detention hearing was held the next day. The State first requested the trial court to review
sworn synopses in the present case as well as those pertaining to two co-defendants. Defendant
also asked the trial court to judicially notice the synopses from the two co-defendants’ cases. 2 The
synopsis in this case provided that police were dispatched to 819 Russell Road in De Kalb after a
caller reported that four or five men were “causing issues and potentially arguing and fighting with
someone.” Officer Montalvo, who prepared the report, encountered the victim upon arrival. The
victim complained of injuries to his ribs. He stated that “he was jumped by four unknown males
that were known to the mother (Alexis Brinson) of his soon to be child.” Defendant was later
1
The Act has been referred to as the “Pretrial Fairness Act” and the “SAFE-T Act”;
however, neither title is official. Rowe v. Raoul, 2023 IL 129248, ¶ 4 n.1.
2
Defendant points out to this court that these other synopses are not part of the record on
appeal, but they are available in appeals pending in the co-defendants’ cases. A reviewing court
may take judicial notice of such court documents. See People v. Johnson, 2020 IL App (1st)
171638, ¶ 29. We do so here.
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identified as being one of these individuals. The individuals were driving a white sedan with tinted
windows. A car matching this description was detained leaving a nearby parking lot.
¶7 A surveillance video recorded the incident. It showed “the four males from the traffic stop
arriv[ing] together” and “batter[ing the victim] outside of 819 Russell Rd. once he exits the
building.” The surveillance video was not proffered by the State or viewed by the trial court. The
victim suffered “two broken ribs, a collapsed lung, and a lacerated liver.” After being read his
Miranda rights, defendant made a statement. He indicated that “all four were in Chicago when
they received a phone call from a worried Alexis.” Defendant further stated that “[e]ventually they
arrived to [sic] 819 Russell Rd. and met with [the victim].” Defendant “stated things began
physical [sic] and that’s when the fight started” and “[f]rom there he punched [the victim] and
everyone started jumping on him” The group then left the area.
¶8 The police synopses contained in the records of defendant’s co-defendants are substantially
identical to the one set forth above with one exception. The defendant (Darrell Jones) in People v.
Jones, No. 2-23-0535, stated, “Once [he] observed [the victim] punch [defendant] the others all
started to fight [the victim] and things began to get physical.” The other co-defendant declined to
make a statement. The Pretrial Services Bond Report indicated the defendant was 20 years old,
employed full-time, had resided with family at the same address for his whole life, and scored a 0
of 14 risk on its assessment instrument.
¶9 The trial court granted the State’s petition. In its written order, it found that clear and
convincing evidence existed that the proof was evident or presumption great that defendant
committed a detainable offense; that defendant’s release would pose a real and present threat to
the safety of certain individuals; and that no set of conditions could mitigate this risk. In support
of its ruling, the trial court cited the nature and circumstances of the offense, the identity of the
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individuals whose safety defendant’s release would threaten, and the age and physical condition
of the victim. Furthermore, in open court, the trial court first stated that it had reviewed the
synopses in this case and in the case of defendant’s co-defendants. It explained that defendant’s
release posed a threat “based on the facts of this case,” and on the circumstances described by the
investigating officer that the offense resulted significant injuries to the alleged victim, noting “[i]t
was likely a prolonged confrontation which did allow for the severity of the injuries.” The trial
court further found that no conditions could mitigate this risk “based on the specific articulable
facts of the case.” Defendant appealed.
¶ 10 III. ANALYSIS
¶ 11 Defendant presents four main arguments: first, that the trial court erred in concluding that
the proof is evident or presumption great that he committed the charged offenses; second, that the
State failed to establish that he presented a threat to any person or the community; third, that the
State did not show that no set of conditions would mitigate the threat his release would entail (in
a related argument, defendant also argues that the trial court erred in finding that no set of
conditions would prevent him from being charged with a subsequent felony or class A
misdemeanor); and fourth, that his detention hearing was not held in a timely manner. The State
bears the burden of proving by clear and convincing evidence all of the requirements necessary to
justify the denial of pretrial release. 725 ILCS 5/110-6.1(e) (West 2022). Hence, if it fails to prove
any one of those elements, pretrial detention is not justified. Id. Since we conclude that defendant’s
third argument is well founded, his remaining arguments are moot. See In re Jonathon P., 399 Ill.
App. 3d 396, 400 (2010) (“Generally, courts of review do not decide moot questions, render
advisory opinions, or consider issues where the result will not be affected regardless of how those
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2024 IL App (2d) 230536-U
issues are decided.”). Therefore, we will focus our analysis on whether the State proved that no set
of conditions could mitigate the risk defendant’s release would entail.
¶ 12 A trial court’s decision to detain a defendant is reviewed using a two-part standard of
review. The manifest-weight standard applies to the trial court’s factual determinations, including
whether any conditions of release could adequately mitigate the risk a defendant’s release would
present to the community. People v. Trottier, 2023 IL App (2d) 230317, ¶ 13. A finding is contrary
to the manifest weight of the evidence only if an opposite conclusion to the trial court’s is clearly
apparent. In re Jose A., 2018 IL App (2d) 180170, ¶ 17. The ultimate decision of whether a
defendant should be detained is reviewed for an abuse of discretion. Trottier, 2023 IL App (2d)
230317, ¶ 13. An abuse of discretion occurs only if no reasonable person could agree with the trial
court. People v. Williams, 2022 IL App (2d) 200455, ¶ 52.
¶ 13 Turning to the question of whether the State proved, by clear and convincing evidence, that
no set of conditions would mitigate the threat defendant’s release would present, we begin
necessarily with an analysis of what this threat actually encompasses. The facts presented indicate
that defendant and three others travelled from Chicago after receiving a telephone call from
Brinson, the mother of the victim’s yet unborn child. Thus, it appears from the record that the
victim was the specific target of these crimes. The State argues that the threat posed is one “to the
community at large, based on the fact that defendants did this to somebody they did not know.”
This assertion is belied by the record. Given that the victim was specifically targeted, the threat
posed by defendant’s release would be particular to him.
¶ 14 Thus, the question becomes whether any set of conditions could mitigate the threat
defendant posed to the victim. Section 110-6.1(e)(3) of the Act (725 ILCS 5/110-6.1(e)(3) (West
2022)) directs a court to consider the conditions set forth in section 110-10 (725 ILCS 5/110-10
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2024 IL App (2d) 230536-U
(West 2022)). Section 110-10(a) requires all defendants released under the Act to appear for court
dates, obey court orders, refrain from committing further offenses, and surrender all firearms. 725
ILCS 5/110-10(a) (West 2022). In addition, a court may impose the following conditions: (1) that
the defendant remain in the state; (2) that the defendant “appear in person before such person or
agency as the court may direct”; (3) that the defendant refrain from possessing weapons; (4) that
the defendant refrain from going to certain areas or premise; (5) that the defendant be placed under
the supervision of Pretrial Services or a similar agency, with or without electronic monitoring;
(6) that the defendant comply with orders of protection; (7) that the defendant keep the court
informed of any change of address; and (8) that the defendant comply with any other reasonable
condition. 725 ILCS 5/110-10(b) (West 2022).
¶ 15 Before the trial court, the entirety of the State’s argument that none of these conditions
would adequately mitigate the threat posed by defendants was that “no condition or combination
of conditions would mitigate the real and present threat to the safety of [the victim] based on the
facts of this case.” In its memorandum before this court, the State does not address why any of
these conditions of release would be inadequate, save for urging deference to the trial court’s
findings. The State does attempt to undercut the fact that defendant has no criminal history by
stating, “The issue was how he decided to begin his career of crime.” However, the State does not
explain why we should conclude that defendant has embarked on a “career of crime.”
¶ 16 The trial court’s order contained checked three boxes on a preprinted form setting forth its
reasons why “the Defendant should be denied pretrial release and why less restrictive conditions
would not avoid a real and present threat to the safety of any person or persons or the community,
based on the specific articulable facts of the case.” Those reasons are (1) “Nature and circumstance
of the offense(s) charged”; (2) “The identity of any person or persons to whose safety the
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2024 IL App (2d) 230536-U
Defendant is believed to pose a threat, and the nature of the threat”; and (3) “The age and physical
condition of any victim or complaining witness.” The trial court’s oral pronouncement cited “the
facts of this case,” and it noted the “circumstances of the offense” as contained in the synopsis and
“as described by the investigating officer.” It further noted the victim’s “significant” injuries and
the fact that the assault was “likely a prolonged confrontation.” No other reasons were mentioned.
¶ 17 Defendant counters, correctly, that “[t]here was no evidence proffered, beyond the facts of
the alleged crime itself, tending to show that conditions of pretrial release such as a no-contact
order or GPS location monitoring could not mitigate” the threat posed by defendant’s pretrial
release. Defendant points to People v. Stock, 2023 IL App (1st) 231753, ¶ 18, which holds that
“logically, the bare allegations that [a] defendant has committed a violent offense are not sufficient
to establish” that no set of conditions could mitigate this risk. See also People v. Atterberry, 2023
IL App (4th) 231028, ¶ 18 (“But the fact that a person is charged with a detainable offense is not
enough to order detention.”).
¶ 18 Thus, beyond the nature of the offenses themselves, the State presented nothing to show
that no set of conditions would mitigate the threat to the victim defendant’s release would present.
We note that other evidence in the record weighs in favor of defendant’s release. Notably,
defendant has no criminal record. Also, defendant scored 0 out of 14 on the risk assessment
instrument designed to predict the likelihood of pretrial misconduct. The instrument concluded
that there was a 96% chance that defendant would appear for all future hearings and would not
commit any new offenses in the interim. Nothing supports an inference that defendant is unwilling
or unable to abide by release conditions.
¶ 19 Accordingly, in light of the paucity of evidence presented by the State as well as the
countervailing evidence of record, we hold that the trial court’s decision that no set of conditions
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would mitigate any risk presented by defendant’s release is contrary to the manifest weight of the
evidence. As such, the trial court’s decision to grant the State’s petition to detain was an abuse of
discretion.
¶ 20 IV. CONCLUSION
¶ 21 In light of the foregoing, the order of the circuit court of De Kalb County is reversed and
this cause is remanded for further proceedings. On remand, the trial court shall hold a hearing
under Section 110-10 of the Act to determine what conditions, if any, should be imposed upon
defendant as a condition of pretrial release. 725 ILCS 5/110-10 (West 2022).
¶ 22 Reversed and remanded, with directions. Mandate to issue instanter.
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