Prosecutors in Lake County dropped felony murder charges against five teens whose friend was shot to death by a homeowner during an alleged burglary. Prosecutors made the right decision, but Illinois lawmakers still should look at narrowing the scope of an unusually broad statute.
Most states allow willing participants in a crime to be charged with felony murder when they or their co-defendants directly cause a death. In Illinois, the law can apply to situations in which one of the accomplices — not an innocent victim or bystander — dies. It can apply even when suspects weren’t immediately present when the death occurred.
In the Lake County case, an Old Mill Creek man told police he found a group of teens near one of his cars in his driveway about 1 a.m. Aug. 13. He said one of them began moving toward him with something in his hand, and he fired, striking 14-year-old Ja’quan Swopes in the head. Authorities said a knife was found on the driveway. The teens were charged with felony murder, leading to an outcry that prosecutors were overreaching. Activists dubbed the group the Lake County Five.
Under a deal announced this week, adult defendant Diamond Davis, 18, is expected to plead guilty to felony conspiracy to commit burglary and misdemeanor trespass charges. The cases against the other four teens moved to juvenile court.
For both teens and adults in Illinois, the felony murder law is not on par with what most of the country has decided is a fair application of principle. As we said in August, a reworking of this statute could enable a more just use of it.
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