People v. Stanley

In People v. Stanley, 146 Ill. App. 3d 912, 497 N.E.2d 496, 100 Ill. Dec. 518 (1986), the defendant acknowledged that he was arguing and fighting with his 15-year-old friend as the two walked down the street. As she complained about the taste of a red pill or "robbin's egg" he had given her to get high, the defendant, who was 16 years old, struck his companion and she returned the blows. As the fight escalated, they grabbed each other's crotch and she hit defendant in the face. Defendant related that " 'He was angry and held her with a choke hold around her neck.' " Stanley, 146 Ill. App. 3d at 920, 497 N.E.2d at 502. She fought back by grabbing defendant's arms and pulling his hair. They continued to struggle, and after he stopped choking the victim, she became limp. On appeal, defendant's efforts to reduce his murder conviction to voluntary manslaughter by reason of sudden and intense passion proved unavailing. As the Stanley court noted: "In the present case, we do not believe that the scuffling and fighting of two teenagers as they walked down the street constitutes sufficient provocation to justify a reduction to voluntary manslaughter, particularly in light of the fact that defendant said he continued to choke her despite her struggling and gasping for air until she went limp and could not be revived." Stanley, 146 Ill. App. 3d at 920, 497 N.E.2d at 502.