People v. Breton
177 Ill. Dec. 916, 603 N.E.2d 1290, 237 Ill. App. 3d 355 (1992)
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Rule of Law:
A conviction for solicitation of murder for hire pursuant to an agreement does not require a bilateral agreement where both parties have a genuine criminal intent; a unilateral agreement, where only the defendant possesses the criminal intent and the other party is a government agent feigning agreement, is sufficient.
Facts:
- Keith Breton sold cocaine to Gary Wehrmeister at least 20 times between 1980 and 1989.
- On March 2, 1989, Wehrmeister purchased cocaine from Breton to resell to a customer who was secretly cooperating with law enforcement, leading to the arrest of both Breton and Wehrmeister.
- Breton was incarcerated on drug and weapons charges.
- On June 5, 1989, Wehrmeister agreed to cooperate with authorities and testify against Breton.
- While in jail, Breton sought a hit man to kill Wehrmeister and gave maps and notes to a fellow inmate, John Bivins, who then informed the State's Attorney's office.
- Authorities set up a sting operation where Investigator Dan Callahan posed as a hit man on an undercover phone line.
- Between June 15 and June 22, 1989, Breton made several recorded calls to Callahan, explicitly stating he wanted Wehrmeister killed and agreeing to pay $5,000.
- Breton arranged for a $2,500 down payment to be delivered to Callahan via an attorney, which Callahan collected.
Procedural Posture:
- Keith Breton was charged with solicitation of murder for hire in the circuit court of Du Page County.
- Following a trial, a jury convicted Breton of the charge.
- The trial court sentenced Breton to a term of 30 years' imprisonment.
- Breton, as the appellant, appealed his conviction to the Illinois Appellate Court.
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Issue:
Does the 'agreement' element of the Illinois solicitation of murder for hire statute require a bilateral agreement where both parties genuinely intend to commit the murder, or is a unilateral agreement with an undercover agent who is feigning agreement sufficient for a conviction?
Opinions:
Majority - Justice Unverzagt
No. The 'agreement' element of the solicitation of murder for hire statute is satisfied by a unilateral agreement and does not require a bilateral meeting of the minds. Unlike conspiracy, which in Illinois requires a bilateral agreement, solicitation is an inchoate crime focused on the defendant's act of procuring another to commit an offense. The court reasoned that solicitation statutes are designed to embrace situations covered by a unilateral theory of conspiracy, where only one party has a genuine criminal intent. Requiring a bilateral agreement for solicitation would effectively transform the charge into conspiracy, which the legislature did not intend. Therefore, Breton's agreement with the undercover agent, who only feigned assent, was legally sufficient to support his conviction.
Analysis:
This case establishes a significant precedent in Illinois by providing the first judicial interpretation of the 'agreement' element in the solicitation of murder for hire statute. By distinguishing solicitation from conspiracy and adopting a unilateral theory of agreement for the former, the court makes it substantially easier for the state to prosecute murder-for-hire plots orchestrated through police sting operations. This decision solidifies that a defendant's criminal intent and act of procurement are the central elements, and the subjective intent of the person being solicited (e.g., an undercover officer) is irrelevant.
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