People v. Nolan

In People v. Nolan, 291 Ill. App. 3d 879, 684 N.E.2d 832, 225 Ill. Dec. 841 (1997), the defendant was convicted of second degree murder in connection with an incident in which he fatally shot a shopkeeper who suspected the defendant of shoplifting and aggressively approached him, yelled at him, grabbed his wrist, and may have tried to search his pockets. In reducing the defendant's sentence from 30 years to 15, the appellate court reasoned as follows: "As the defendant contends, the 'factual matrix surrounding the shooting' does not warrant a 30-year prison term. It is clear that the shopkeeper was the aggressor in the encounter. The evidence consistently showed that the defendant was attempting to back away from the encounter and extract himself from the situation. The shooting was not an act of plan or premeditation. Although the defendant was unable to prove the shopkeeper reached for the gun and the gun went off accidentally, this was a close case and the defendant carried his burden of proving mitigating factors that reduced the offense to second degree murder." Nolan, 291 Ill. App. 3d at 887. The court also briefly observed that the defendant's two prior felony convictions did not indicate that he was "a dangerously aggressive criminal." Nolan, 291 Ill. App. 3d at 887.