STATE OF ILLINOIS) SS: COUNTY OF K) IN THE CIRCUIT COURT OF COOK COUNTY, ILLINOIS MUNICIPAL DEPARTMENT - THIRD DISTRICT THE PEOPLE OF THE STATE OF ILLINOIS, Plaintiff, No. 18 MC 3001586 18 MC 3001523 VS. DEON P. LINDSEY, Defendant. REPORT OF PROCEEDINGS of the hearing had before Honorable RICHARD D. SCHWIND, Judge of said court, on the 17th day of July, A.D., 2018. APPEARANCES: HON. KIMBERLY M. FOXX, State's Attorney of Cook County, by: MS. RUBY KARAM, Assistant State's Attorney, appeared on behalf of the People; MRS. AMY P. CAMPANELLI, Public Defender of Cook County, by: MR. JERRY NEWQUIST, Assistant Public Defender, appeared on behalf of the Defendant. Linda A. Martens Official Court Reporter CSR No. 084-003971 Third Municipal District THE CLERK OF THE COURT: Deon Lindsey. THE COURT: Deon Lindsey, Deon Lindsey. THE DEFENDANT: Yes. THE COURT: All right. It's up today for a bench it looks like. Bench trial. MR. NEWQUIST: Jerry Newquist, Assistant Public Defender. THE COURT: Are you answering ready? MR. NEWQUIST: For now, yes, Judge, we're answering ready. THE COURT: State, are you answering ready? MS. KARAM: Good morning, your Honor. For the record, Assistant State's Attorney Ruby Karam, It does not appear that we have our complaining witness here in court; however, I have been in phone contact with him. So if we could just pass it briefly. THE COURT: Sure, we?ll pass it. (The above-entitled case was passed and later recalled.) THE COURT: Deon Lindsey. MR. NEWQUIST: Lindsey. Again, Jerry Newquist, Assistant Public Defender for Mr. Lindsey. 2 Judge, at this time we are going to request a 402 conference. MS. KARAM: Your Honor, I spoke with your complaining witness, we would be answering ready for trial. THE COURT: All right. Mr. Lindsey, your lawyer has asked me to participate in what's known as a 402 conference pursuant to Supreme Court Rule 402. What that means is if you allow this conference to go forward, I would sit down and talk to your lawyer and the State and I would hear all of the facts regarding the, surrounding why you were charged on May 24th of 2018 with intentionally causing bodily harm to Scott, and the last name is who is present here in court, by striking Scott in the face with a closed fist causing swelling to the upper lip during a verbal argument. Do you understand that, sir? THE DEFENDANT: Yes. THE COURT: I will hear all of those facts. I will also hear any criminal background that you may have. I will hear from your counsel, your lawyer, things about you such as your family status, your work history, your educational background, things of that nature. I will then tell your lawyer what I would sentence you to if 3 you wish to plead guilty. This is a Class A misdemeanor so the sentencing range is anywhere from supervision to 364 days in the Cook County Jail and fines of up to $2,500.00. 80 I will tell your lawyer what I would sentence you to within that range if you wish to plead guilty. Do you follow me so far? THE DEFENDANT: Yes. THE COURT: The main thing I want you to understand, sir, is that you don't have to plead guilty just because you allow this conference to go forward. If you don't like my recommendation it's not a recommendation, it's an offer. A sentencing offer for you to plead guilty. If you don't like it, you have every right to reject and we'll set your case and we'll go to trial today. Do you understand? THE Yes. THE COURT: The only thing you can?t do is ask to have another judge preside over your case just because I sat in on this 402 conference and you don't like my sentencing offer. That's what you give up in order to find out what your sentence would be before you even plead guilty. Do you understand? THE DEFENDANT: Yes. THE COURT: Do you have any question about what a 4 402 conference is? THE DEFENDANT: No, I don't. THE COURT: Do you want me to have the 402 conference with your lawyer and the State? THE DEFENDANT: Yes. THE COURT: All right. Have a seat. We'll talk to you in a just minute. (The above?entitled case was passed and later recalled.) THE COURT: Deon Lindsey. Mr. Lindsey, step up on the other side. Mr. Lindsey, we've This is the case of People versus Deon Lindsey, 18 MC 3001586. The defendant is before the Court on bond with his attorney from the Public Defender's Office. Mr. Lindsey, we had the 402 conference that we talked about and I told your lawyer what I would sentence you to if you wish to plead guilty to the charge of battery. And I found out during the 402 conference that there's also a pending criminal damage to property case where you are the defendant and the same Victim and it's alleged that you damaged a piece of his personal prOperty, a television set. State, do you have the case number on that? 5 MS. KARAM: Yes, your Honor, 18300152301. THE COURT: 18 MC 300152. MS. KARAM: 30. THE COURT: 30. MS. KARAM: 1. THE COURT: So I told your lawyer that what I would do is if you with wish to plead guilty to the battery charge, I would put you on one year conditional discharge, that's a conviction. A condition of that conditional discharge is that you perform 10 days of the sheriff's work alternative program, 80 hours; you pay $300.00 restitution to the victim for damaging his television set, and you would pay that through the Social Service Department, and that has to be paid by September 28th of 2018; and you have no contact with this gentleman at all during the, either in person, on social media sites, internet, electronically, on the phone, smoke signals, you just don't have to anything to do with him. All right? And you don't have anybody on your behalf have any contact with him in any way, shape, or form. Do you understand, sir? THE DEFENDANT: Yes. THE COURT: All right. And he's not going to have any contact with you either. 6 THE DEFENDANT: That's what I was making sure. THE COURT: All right. Well, I'm going to tell him that too. All right? You understand? THE DEFENDANT: Yes. THE COURT: And have you to pay the mandatory fees and costs involved in this matter. Those fees and costs equal $399.00. You have $150.00 up in bond. I'm not going to have you pay for the Public Defender's services although I think maybe you should. But the $150.00 that you have up, 135 of that is going to go towards the $399.00 in fees and costs. Do you understand that? THE DEFENDANT: Yes. I had 2 bonds. THE COURT: I don't know what the other bond is. We'll deal with that once we get the file. Okay? THE DEFENDANT: Okay. THE COURT: So do you understand the 402 sentencing offer, sir Strike that. Do you understand the 402 sentencing offer that I've given you, Mr. Lindsey? THE DEFENDANT: Yes. THE COURT: And I'm going to ask you, sir, how old are you? THE DEFENDANT: I'm 31, Sir. THE COURT: And how far have you gone in school? THE DEFENDANT: Well, I got an associate's degree in automotive and a welding degree also. THE COURT: So you have a high school diploma and you have a 2 year associate's degree; is that correct? THE DEFENDANT: Yes. THE COURT: All right. And you are not under the influence of alcohol or drugs today as we speak; is that right? THE DEFENDANT: No, that's correct. THE COURT: All right. So I'm going to ask you, sir, how do you plead to the THE DEFENDANT: Guilty, sir. THE COURT: Hold on one second. Charge of battery that you on May 24th of 2018 in Hoffman Estates intentionally caused bodily harm to the victim Scott, by striking him in the face with your fist causing swelling of his upper lip? Do you understand that, sir, that's in violation of 720 ILCS You plead guilty to that charge, sir? THE DEFENDANT: Yes. THE COURT: All right. Do you understand you have a right to plead not guilty and have a trial? THE DEFENDANT: Yes. THE COURT: You understand that. The trial would either be a bench trial before me where I decide your guilt or innocence beyond a reasonable doubt or before a jury. And a jury is where you, your lawyer, and the prosecutor choose 12 citizens to sit as jurors, those 12 jurors would have to listen to all of the evidence and unanimously agree the State has proven you guilty beyond a reasonable doubt before I would enter a judgment and conviction on their finding. Do you understand that? THE DEFENDANT: Yes. THE COURT: Because you are pleading guilty there's not going to be any trial at all, there's not going to be a bench trial and there's not going to be a jury trial; do you understand that, sir? THE DEFENDANT: Yes. THE COURT: Your lawyer has given me and I'm showing it to you now what's known as a written jury waiver, it's got your name on it, the charge you are pleading guilty to, the case number for that charge, today's date, and a signature in the lower right hand corner. Is that your signature? THE DEFENDANT: Yes. THE COURT: Before you put your signature on that 9 jury waiver did you have an opportunity to speak with your lawyer and discuss what it meant to waive a jury? THE DEFENDANT: Yes. THE COURT: By giving me that jury waiver you are formally telling me you do not want to have a jury trial; do you understand that, sir? THE DEFENDANT: Yes. THE COURT: I'll accept your jury waiver as knowing and voluntarily given. As I said, because you are pleading guilty there is not going to be any trial so therefore you are giving up your right to see and hear the State's evidence against you, you are giving up your right to have your lawyer challenge the State's evidence against you, you are giving up your right to have evidence presented in your own defense, possibly testify in your own defense, as well as giving up your right to remain silent and have the State prove you guilty beyond a reasonable doubt. Because you are pleading guilty you are giving up all of those rights; do you understand that, sir? THE DEFENDANT: Yes. THE COURT: Are you a citizen of the United States? THE DEFENDANT: Yes. THE COURT: The charge you are pleading guilty to 10 Class A misdemeanor which carries with it upon your plea of guilty a sentencing range anywhere from supervision to 364 days in the Cook County Jail and fines of up to $2,500.00 or a combination of both. Do you understand that? THE DEFENDANT: Yes. THE COURT: You are pleading guilty pursuant to what's known as a 402 agreement so you know what the sentence is going to be. THE DEFENDANT: Yes. THE COURT: Is that correct? THE DEFENDANT: Yes. THE COURT: Understanding what the sentence is going to be, do you still wish to continue with your plea of guilty? THE DEFENDANT: Yes. THE COURT: Has anyone forced you or threatened you to get you to plead guilty? THE DEFENDANT: No. THE COURT: Has anyone promised to give you anything in return for your plea of guilty? THE DEFENDANT: NO. THE COURT: Are you pleading guilty of your own free will? 11 THE DEFENDANT: Yes. THE COURT: Can I have a factual basis, please. MS. KARAM: Yes, Judge. If this were to proceed to trial, the State would call Scott Iwasiuk who resides in Hoffman Estates. Well, now he resides in Elgin. And he would testify that on May 18th of 2018 while at the residence 755 Bode Circle, Apartment 103, this defendant struck him in the face with a closed right fist causing swelling and a cut to his upper lip. State would also call Officer Stopka from the Hoffman Estates Police Department and he would testify that he observed the swelling as well as the cut to the inside of the lip all of this happening in the County of Cook, defendant over the age of 18. MR. NEWQUIST: So stipulated. THE COURT: Let the record reflect the defendant understands the nature of the charges and the possible penalties. The defendant has pled guilty freely and voluntarily and a factual basis exists to support the defendant's plea of guilty to the charge of battery in the manner and form charged in the criminal complaint in 18 MC 3001586. I will accept the defendant's plea of guilty, enter a finding of guilty, and a judgment on the finding. 12 there anything further in aggravation that I have not already heard at the 402 conference? MS. KARAM: No, Judge. THE COURT: Anything further in mitigation before that I haven't heard? MR. NEWQUIST: No. THE COURT: Mr. Lindsey, you have an opportunity to say what you wish to this Court before I enter the sentence I told you I would enter. Is there anything you wish to say? THE DEFENDANT: NO. THE COURT: Mr. Lindsey, it's my understanding the defendant, the victim in this case used a term that is insulting to you. And I understand that. THE DEFENDANT: Yes. THE COURT: Oh, I understand that. THE DEFENDANT: In front of my daughter also. THE COURT: Okay. All right. That doesn't give you a right to hit him. Words, words are not enough to resort to violence and you've had a violent background. Twice before you've been in court regarding batteries. And once you went, you spent 10 days in jail for resisting which is a violent offense. You resort to violence. That's not the, thatsir. Because all that's going to do is continue to either, it's going to put you in custody where your freedom is taken away from you, or it's going to put you six feet under. There's no reason to resort to violence. What he said was an ignorant thing to say. The bigger man would just walk away. THE DEFENDANT: I was in my home, sir, I couldn't just walk away. THE COURT: Yeah, you could. Go into another room. Call the police. Was it your house? THE DEFENDANT: My girlfriend's. THE COURT: Okay. Well, it's not your home. Are you paying rent? THE DEFENDANT: Yeah. THE COURT: Are you on the lease? THE DEFENDANT: No. THE COURT: Then you don't have any legal right to be there unless your girlfriend says you can be there. Call the police. Tell them that your girlfriend's brother is causing problems, get him out of the house. Don't resort to violence. You understand? THE DEFENDANT: Yes. THE COURT: You, sir, are -- that's an ignorant term to use. To insult someone that way. That's an 14 ignorant term to use. All you are asking to do is get your lip busted. And that's what happened. This is the epitome of what the situation is in our society today. You take offense to a word that you, you were never a slave, but you take offense to it. And I understand that. But the bigger man walks away. You don't resort to violence. That's why society because people resort to violence. They let words hurt them in a way that they shouldn't. And you, sir, use terms that are, that insight violence. That's, that's ignorance. That's stupidity. And you reacted to it. You fell for the trap. Be above that. Be above it. Mr. Lindsey, I am going to sentence you to 1 year conditional discharge which is a conviction. You are to serve 10 days of the sheriff's work alternative program. You are to pay $300.00 in restitution through the Social Service Department. That money has to be paid by September 28th of 2018. That is restitution for the damage that you did to the victim's television which is the subject of the charge that you're facing in 18 MC 3001523. That charge is going to be dismissed upon your plea of guilty to this charge. But the law allows me to order you to pay restitution if that 15 charge is dismissed as part of a plea agreement. So you are to pay $300.00 in restitution through the Social Service Department so you have no contact with the complainant in this case. You pay the Social Service Department and they will pay him. You have to have it paid in full the $300.00 by September 28th of 2018. You are to have no contact whatsoever with the complainant. And I'm going to tell him when I'm done with you, he is to have no contact with you. Do you understand? THE DEFENDANT: Yes. THE COURT: And you are to pay the mandatory fees and costs of $399.00. Your conditional discharge will end June 24th of 2019. By that date you have to have all of the conditions completed and all of the fees and costs paid in full. Do you understand that, sir? THE DEFENDANT: Yes. THE COURT: If you violate And the condition, the main condition of the conditional discharge is that you don't get arrested for anything, traffic or otherwise, while you are on my conditional discharge. Because if you do, it's a violation of my conditional discharge and that subjects you to possibly going to jail for up to 364 days. Do you understand that? 16 THE DEFENDANT: Yes. THE COURT: Do you have any question regarding the sentence I've imposed? THE DEFENDANT: No, sir. THE COURT: You have right to an appeal; however, before you can appeal my decision here today, you must file with the Clerk of the Court a written motion to withdraw your plea of guilty and vacate the judgment. In that motion you must state all of the reasons why you feel you should be allowed to withdraw your plea of guilty. If I grant your motion, I?ll set your guilty plea, sentence, and judgment aside and we'll set your case for trial. If I deny your motion, you'll have 30 days from the date of that denial to file a written notice of appeal with the Clerk of the Court. Any issue or claim of error that you don't raise in your motion to withdraw your plea of guilty, will be waived or lost for appeal purposes. Meaning if you don't bring the issue up in your motion to withdraw your plea first, you cannot bring that issue up later on appeal. If you cannot afford to get a copy of the transcript of plea of guilty here today, a copy of the court reporter's transcript and a lawyer will be given to you free of charge to assist you in the preparation of your 17 motion and any subsequent appeal. Do you understand your appellate rights, Mr. Lindsey? THE DEFENDANT: Yes. THE COURT: Any question regarding your appellate rights? THE DEFENDANT: No. THE COURT: In regard to case number 18 MC 3001523 charging the defendant Mr. Lindsey with criminal damage to property, State, your motion? MS. KARAM: Yes, Judge, it would be motion State SOL pursuant to the plea agreement. THE COURT: Motion State SOL. Defendant demands trial. I'll show the complaining witness is in court. And I will make the notation, this is in regard to the plea taken on 18 MC 3001586. Anything further, Ms. State's Attorney? MS. KARAM: No, Judge. THE COURT: I'm going to tell you, Scott, you are to have no contact with Mr. Lindsey at all. At all. Whether it be on social media, in person telephonically, electronically smoke signals, any way. You don't have any contact with him whatsoever. Do you understand? MR. IWASIUK: Yep. Yes. 18 THE COURT order. Okay. Thank you. That will be the (Which were all the proceedings had in the above-entitled cause.) 19 State of Illinois) County of K) IN THE CIRCUIT COURT OF COOK COUNTY, ILLINOIS MUNICIPAL DEPARTMENT - THIRD DISTRICT I, Linda Martens, an Official Court Reporter for the Circuit Court of Cook County, Illinois, Judicial Circuit of Illinois, do hereby certify that I reported in shorthand the proceedings had on the hearing in the above?entitled cause; that I thereafter caused the foregoing to be transcribed into computer?aided transcription, which I hereby certify to be a true and accurate transcript of the proceedings had before the Honorable Richard D. Schwind, judge of said court. Linda Martens Official Court Reporter CSR No. 084?003971 Third Municipal District Lt Dated this Of \hhn?r 2018. 20