Legal Question in Criminal Law in Illinois

Fifteen 8th and 9th graders surrounded a family member (who is also in 8th grade) and "sucker punched" him. They then formed a circle from which he couldn't escape and proceeded to beat him until he was unconscious lying in a pool of his own blood. The obvious trip to the emergency room and the week out of school to heal ensued.

The officer we talked to only brought in 2 of the guys who were involved, even though there were quite a few people who could identify the other 13, because these were the only 2 kids he (my family member) could identify before he covered his face on the ground.

The arresting officer, the same officer who refused to bring in any of the other young men besides the two (even though there is NO QUESTION others were involved with actually kicking this family member repeatedly in the face and throat), told us that the worst that will happen will the offenders will get community service.

Punching and kicking someone repeatedly in the face and throat until they are unconscious and laying in a pool of their own blood seems to me to warrant a worse punishment.

Am I wrong in that assumption?


Asked on 11/12/10, 9:21 am

1 Answer from Attorneys
Thomas Moens Moens Law Offices, Chartered

Sadly, it might be true, but that is not the police deparment's call. I would suggest contacting the states attorney in your county. The police do not determine who is criminally charge, the states attorney's office does. You should also consider filing a civil lawsuit for damages.

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Answered on 11/17/10, 1:35 pm


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