People v. Lowery
178 Ill. 2d 462, 687 N.E.2d 973, 227 Ill. Dec. 491 (1997)
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Rule of Law:
Under the proximate cause theory of felony murder in Illinois, a defendant is liable for any death that is a direct and foreseeable consequence of their commission of a forcible felony, even if the fatal act is committed by a third party, such as a victim resisting the crime.
Facts:
- Antonio Lowery and his companion, 'Capone,' planned to rob Maurice Moore, Marlon Moore, and Robert Thomas.
- Lowery approached the group on a Chicago street, drew a gun, and forced Maurice Moore into an alley to rob him.
- A struggle for the gun ensued between Lowery and Maurice, and Marlon Moore joined in by hitting Lowery.
- During the struggle, the gun discharged, and the fight moved back onto the street.
- Maurice Moore gained possession of the gun after Lowery pushed him to the ground.
- Lowery then fled from the scene of the struggle.
- As Lowery ran, he heard gunshots and a woman scream; Norma Sargent, an innocent bystander, had been shot and killed by a bullet fired from the struggle.
- Lowery was apprehended by police shortly after while attempting to disguise himself by turning his jacket inside-out.
Procedural Posture:
- Antonio Lowery was charged with first degree murder, armed robbery, and attempted armed robbery in the circuit court of Cook County.
- A jury found Lowery guilty on all counts.
- Lowery, as appellant, appealed to the Appellate Court of Illinois.
- The appellate court reversed Lowery's conviction for felony murder, holding there was insufficient evidence.
- The State, as petitioner, was granted leave to appeal the appellate court's decision to the Supreme Court of Illinois.
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Issue:
Does the felony-murder rule apply to hold a defendant liable for murder when an innocent bystander is killed by a shot fired by the intended victim of the underlying felony during the victim's resistance to the crime?
Opinions:
Majority - Chief Justice Freeman
Yes, the felony-murder rule applies to hold a defendant liable under these circumstances. Illinois adheres to the proximate cause theory of felony murder, which holds that a felon is responsible for any death proximately resulting from their unlawful activity. The court reaffirms its precedent in People v. Payne, holding that it is reasonably foreseeable that an attempted robbery will be met with resistance that could result in a death. Lowery's actions set in motion the chain of events leading to Norma Sargent's death, and the resistance by the victim was a direct and foreseeable consequence, not a superseding cause. The felony was still in progress during Lowery's escape, as he had not yet reached a place of safety, making him liable for the resulting death.
Analysis:
This decision firmly establishes Illinois's adherence to the minority 'proximate cause' theory of felony murder, rejecting the more common 'agency' theory. It broadens felon liability to include deaths caused not just by co-felons but also by third parties, such as victims or police, as long as their actions are a foreseeable response to the felony. This precedent makes it significantly more difficult for defendants in Illinois to escape a murder conviction by arguing that a third party's act broke the chain of causation, thereby reinforcing the state's policy of holding felons responsible for all foreseeable consequences of their inherently dangerous acts.
