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People v. Hickman

Illinois Appellate Court — Third District
12 Ill. App. 3d 412, 297 N.E.2d 582 (1973)
ELI5:

Rule of Law:

Under the felony-murder doctrine, a felon is criminally liable for any death that is the proximate result of the felony, including the killing of an innocent person by a third party attempting to prevent the felony or the felon's escape.


Facts:

  • Robert Bruce Papes, Anthony Rock, and Glenn Hickman conspired to burglarize the Illinois Wine and Liquor Warehouse.
  • Seventeen Joliet police officers, including Sergeant James Cronk and Detective William Loscheider, were conducting a surveillance of the warehouse.
  • After Papes acted as a lookout, Rock and Hickman broke into the warehouse.
  • As Rock and Hickman exited the building, Sergeant Cronk signaled for the other officers to move in and make arrests.
  • Upon seeing the police, Papes, Rock, and Hickman fled in different directions across a parking lot.
  • During the pursuit, Sergeant Cronk saw a man with a handgun running towards the area where Rock and Hickman had fled.
  • Believing this individual was one of the burglars, Cronk ordered him to halt and drop the weapon.
  • When the man did not comply, Cronk fired his shotgun, killing him; the victim was later identified as fellow officer Detective Loscheider.

Procedural Posture:

  • Anthony Rock and Glenn Hickman were indicted for murder and burglary by a Grand Jury in Will County.
  • Following a jury trial, Rock and Hickman were found guilty of murder and burglary.
  • The defendants filed a motion in the trial court to arrest the judgment of guilty for murder.
  • The trial court granted the motion, arresting (or vacating) the murder conviction against Rock and Hickman.
  • The State appealed the trial court's order arresting the judgment of murder to the Appellate Court of Illinois, Third District.

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Issue:

Does the felony-murder rule apply to hold defendants liable for murder when a police officer, attempting to apprehend them during their escape from a burglary, mistakenly shoots and kills another officer?


Opinions:

Majority - Mr. Justice Scott

Yes. The felony-murder rule applies, and the defendants can be held liable for murder because their actions proximately caused the death of an innocent third party. The court relied on the precedent set in People v. Payne, which established that felons are responsible for the foreseeable consequences of their crimes, including a death that occurs when a third party resists the felony. The court reasoned that it is reasonably foreseeable that committing a forcible felony like burglary will provoke a dangerous response from police or victims. The defendants' act of fleeing from the burglary set in motion a chain of events that led directly to Detective Loscheider's death. The court distinguished this case from People v. Morris, where the person killed was a co-felon, holding that the doctrine's protection extends to innocent victims, not to those who willingly participate in the underlying felony. Because the immediate escape is considered part of the underlying crime, the defendants' responsibility for the consequences continued until they had reached a place of safety.



Analysis:

This decision reaffirms Illinois's adherence to the 'proximate cause' theory of felony murder, as opposed to the more restrictive 'agency' theory followed in some other jurisdictions. By holding the defendants responsible for a death caused by a police officer, the court solidified the principle that felons are liable for any foreseeable death resulting from the chain of events they initiate. The ruling's distinction between the death of an innocent party and a co-felon is significant, as it limits the application of the rule, suggesting that felons assume the risk of their own demise but are held responsible for the deaths of non-participants. This case serves as a key precedent for broadly applying felony-murder liability to felons for the fatal acts of third parties resisting the crime.

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