In People v. Gentry, 48 Ill. App. 3d 900, 363 N.E.2d 146, 6 Ill. Dec. 617 (Ill. App. Ct. 1977), a policeman confronted the defendant while investigating a shooting. See Gentry, 363 N.E.2d at 147. The defendant became argumentative with the police. See id. This exchange took place in a crowd of about thirty observers. See id. According to the officer, the defendant pulled away when he attempted an arrest. See id. When the policeman finally grabbed the defendant, he was attacked by the crowd, but not by the defendant. Gentry, 363 N.E.2d at 148. At trial for disorderly conduct (he was also convicted of resisting arrest), the police testified that the defendant was "in the process of committing" disorderly conduct as he argued with the police. Disorderly conduct was defined as an act which "creates a clear and present danger of a breach of [the] peace or an imminent threat of violence." Gentry, 363 N.E.2d at 150. The prosecution relied on the fight following the arrest as evidence of a breach of the peace sufficient to support a disorderly conduct conviction. The appellate court disagreed, pointing out, "This disturbance occurred after defendant was arrested and involved family and friends of defendant, who were obviously incensed over his arrest. Nothing in the record suggests defendant's conduct prior to this time threatened a breach of the peace." Id. Further, Gentry held that the defendant could not be accountable for the size of the gathering crowd, stating that a person's behavior "does not evolve into a crime simply because persons standing nearby stop, look and listen." Id.