Legal Question in Criminal Law in Illinois

Here is my question.

During a shootout at several hundred feet between two rival groups (Group A and Group B), both members of Group A become incapacitated from gunshot wounds. Group B then proceeds to Group A. Although the actions of Group B are completely obscured from sight, two gunshots are heard and when Group B returns, both members of Group A have been found dead, killed by point blank gunshots to the head.

Bearing in mind that no one actually saw the actions of Group B when Group A was killed, what could Group A be charged with and which one of the three memebrs of Group A would it apply to?

Thanks.


Asked on 12/23/10, 5:19 pm

1 Answer from Attorneys
Edward Hoffman Law Offices of Edward A. Hoffman

They could all be charged with first degree murder. That they were "obscured from sight" just means the evidence is weaker than it might have been. It has nothing to do with what crimes were committed.

Bear in mind that the prosecutor will have autopsy and ballistics results, which presumably will say the bullets in the bodies of Group A were all fired by the guns held by Group B. That will be very strong proof that Group B fired all the shots even if nobody saw them fire the last rounds.

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Answered on 12/28/10, 6:03 pm


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