* Background is here if you need it. An alternative headline could be: “Cook County State’s Attorney’s office throws Pritzker, Black Caucus under the bus for second time this week to explain charging decisions”…
For the second time this week, Cook County prosecutors cited changes to the state’s felony murder statute as the reason for not charging a man accused of being involved in a deadly shootout that led to a murder.
On Wednesday, Assistant State’s Attorney James Murphy said 22-year-old Tayvon Powe would have faced a first-degree murder charge prior to last summer when the statute’s changes went into effect.
“If this was prior to July of [2021] when the change in the law that went into effect, this defendant would be facing first degree murder charges,” Murphy told Judge Mary Marubio at Powe’s bond hearing. “ … He is not facing those first-degree murder charges at this point.”
Powe still faces aggravated discharge of a weapon and unlawful use of a weapon by a felon charges — counts that could land him in prison for more than a decade if he’s convicted.
Powe isn’t accused of actually killing anyone, but of starting a shootout at a house party early on Jan. 1 in Englewood that left his friend dead.
Antonio Rankin had gotten in a fight with several people at the party and called Powe to pick him up, Murphy said. After arriving outside the party, Powe and another person, who hasn’t been charged yet, allegedly opened fire on people standing on the home’s porch.
Rankin was shot and killed. Powe took him to the hospital.
* From the ILGOP…
Illinois Republican Party Chairman Don Tracy released the following statement in response to the latest outcome of Pritzker signing the most pro-criminal, anti-police legislation in Illinois history:
“As violent crime surges across Chicago and bleeds into surrounding communities, we are now seeing the direct consequences of a Governor who prioritizes criminals over the safety of law-abiding Illinoisans. With each turn of the page, the SAFE-T Act reveals another way laws have been changed to give the advantage to criminals and make the job of protecting the public that much harder for law enforcement. We need to repeal the pro-criminal, anti-police SAFE-T Act immediately and elect a Governor who will make our communities safe again.”
…Adding… Former House Democratic staffer who came up during the time when the stinging 1994 wipeout was the controlling party political ideology who is now a pro-police downtown alderperson…
…Adding… Gary Rabine…
JB Pritzker’s soft-on-crime policies which went into effect just weeks ago are now taking hold and criminals who commit the most serious offenses are not being prosecuted. JB has failed miserably in his primary obligation as Governor—keeping Illinois residents safe. All of this, with an assist from the worst Prosecutor and best Public Defender in the country, Kim Foxx. People are committing murder in Cook County and getting away with it.
We need to immediately repeal Pritzker’s Safe-T Act which is the softest-on-crime piece of legislation in Illinois history. But we need to go one step further. The day I am sworn in as Governor of Illinois, I will introduce legislation allowing voters to recall rogue State’s Attorneys like Kim Foxx. Illinois residents should not be held hostage and harmed by woke and out of touch public officials who are supposed to keep us safe.
…Adding… House GOP Leader Jim Durkin…
“For a second time this week, a violent criminal has escaped accountability for instigating a shootout that resulted in the death of a young man on the streets of Chicago. Governor Pritzker and his Democrat allies’ so-called “reform” has already destroyed the families of two victims and robbed them of the justice they deserve. Illinois is truly a consequence-free state for criminals. Repeal this law and restore justice in Illinois.”
- SWIL_Voter - Thursday, Feb 10, 22 @ 9:02 am:
yea this guy shouldn’t be facing first degree murder charges. Sorry to all the supporters of our gulag system, but this is how it’s supposed to work
- Arsenal - Thursday, Feb 10, 22 @ 9:02 am:
Let’s be clear about the facts: this person could still go to prison for over a decade, he’s just not being charged with killing someone that he didn’t, in fact, kill.
- Rabid - Thursday, Feb 10, 22 @ 9:04 am:
Helps the candidates law firm defend criminals?
- Google Is Your Friend - Thursday, Feb 10, 22 @ 9:05 am:
==Powe and another person, who hasn’t been charged yet==
Whose fault is that James Murphy? Bueller? Bueller? Bueller?
I will note again, as I did on this blog yesterday, that Murphy has previously been reprimanded for lying to a judge. This isn’t a credible person.
- Oswego Willy - Thursday, Feb 10, 22 @ 9:07 am:
=== yields electoral consequences===
Was there an election that took place that I missed?
===bleeds into surrounding communities===
Morbidly giddy is how this reads.
Thing is, with more reform likely to be passed this GA season, will the ILGOP vote Red against these reforms?
There is NO question that these headlines and press are not only bad, but *could be* very damaging in a long term.
Being against “bleeding” crime might need some serious votes to show that it’s not just lip service by the GOP…
Reform bills are the trap bills.
“Doesn’t go far enough” is weak if your take is “bleeding” crime.
- Three Dimensional Checkers - Thursday, Feb 10, 22 @ 9:09 am:
Wait, you mean it’s criminal to engage in a shoot out? I thought they were just mutual combatants.
- Miso - Thursday, Feb 10, 22 @ 9:09 am:
—I will note again, as I did on this blog yesterday, that Murphy has previously been reprimanded for lying to a judge. This isn’t a credible person.—
Not true. Geez,man read a paper. They fired Jennifer Coleman for that. (Wrongly in my opinion) He was cleared.
- Downstate - Thursday, Feb 10, 22 @ 9:10 am:
Pritzker is going to have to couch any action on crime through the beliefs of leaders like, Dr. Melina Abdullah.
- Donnie Elgin - Thursday, Feb 10, 22 @ 9:10 am:
“If this was prior to July of [2021] when the change in the law that went into effect, this defendant would be facing first-degree murder charges,”
Dem’s will face a voting base that sees crime as a major issue. Two stories in a week with the narrative of less prison time for the alleged defendant due to the Dems’s Safe-T Act.
78% of voters said they believe violent crime is a “major problem” in the United States, and 73% said it is increasing.
https://morningconsult.com/2021/07/14/violent-crime-public-safety-polling/
- Homebody - Thursday, Feb 10, 22 @ 9:12 am:
Where is the attempted murder charge? Their allegation is that he started a firefight
- Oswego Willy - Thursday, Feb 10, 22 @ 9:15 am:
- Donnie Elgin -
Did they break it out by state?
Are those numbers similar for Illinois?
Thanks.
- Arsenal - Thursday, Feb 10, 22 @ 9:19 am:
==Are those numbers similar for Illinois?==
I doubt it’s much different, although “major problem” doesn’t always translate to “I’m basing my vote on it”.
The bigger problem for ILGOP is that their big “tough on crime” guy is a practicing criminal defense attorney.
- Lincoln Lad - Thursday, Feb 10, 22 @ 9:20 am:
It seems to me that filing appropriate felony charges with significant sentencing impact shouldn’t be a bad thing. It should be what we all want.
- Oswego Willy - Thursday, Feb 10, 22 @ 9:20 am:
===I doubt it’s much different===
You sure?
I’m waiting to see if it will come out with an ask.
- Arsenal - Thursday, Feb 10, 22 @ 9:23 am:
==You sure?==
Nope, lol.
Just anecdotally, I feel like I have seen more people concerned about crime. But even if I’m right, there’s a lot of caveats between that and people actually voting for the Tuff-est candidate, let alone the one who’s actually been all over the place on crime and is just acting Tuff bc Ken Griffin told him to.
- Facts matter - Thursday, Feb 10, 22 @ 9:24 am:
Exactly what Arsenal said.
Step back from the rhetoric.
The man isn’t charged with murder because he is believed to have murdered someone. Seems pretty common sense.
What’s unfortunate is that we ever had a law on the books that allowed people to be charged with murder when that wasn’t the offense. All the SAFE-T Act did is repeal what should never been there in the first place.
If law enforcement and prosecutors want to charge someone with murder, they need to do their jobs and bring the person they believe did the killing to court. Stop crying that they can’t take shortcuts that lead to unjust outcomes.
- Steve - Thursday, Feb 10, 22 @ 9:24 am:
-I doubt it’s much different-
Kim Foxx won after the George Floyd riots without even debating her hapless opponent. Cook County voters have a view on crime which might be a little different than some other places.
- Dan Johnson - Thursday, Feb 10, 22 @ 9:27 am:
So…. should everyone who invaded the US Capitol be charged with first degree murder? That’s the old ridiculously broad Illinois law.
The guy’s friend was shot and killed by someone else.
Do people really think the state should incarcerate someone for essentially life when someone else shot their friend?
That’s not a way to engender trust among community members. And that’s how you clear cases and get witnesses to provide evidence to the police to make arrests.
- Almost the Weekend - Thursday, Feb 10, 22 @ 9:29 am:
… Opened fire on people standing on a home’s porch.
And not charged with murder.
That’s all you need on the TV.
- Downstate - Thursday, Feb 10, 22 @ 9:30 am:
“sees crime as a major issue.”
Dems problems are exacerbated by the fact that the news media reporting of disasters, crime and conflict are what drive viewership and dollars.
News stories on crime are not going away anytime soon.
- Flat Bed Ford - Thursday, Feb 10, 22 @ 9:33 am:
=Democrats still have time to take the issue off the table=
Voting records have been established. Mailers write themselves. Public safety is and will remain a big issue in November.
- Rich Miller - Thursday, Feb 10, 22 @ 9:36 am:
===And not charged with murder.===
Because he didn’t kill anybody.
- Eloy - Thursday, Feb 10, 22 @ 9:36 am:
the peanut gallery vibe is not helpful. The GA has until april 6 to get an anti crime package through. there’s plenty of time. also voters have a recency bias. doing anything now would get lost in the wash. Focus on performance of CPD. State statute is a problem. it’s not *the* problem.
- Oswego Willy - Thursday, Feb 10, 22 @ 9:37 am:
===Voting records have been established. Mailers write themselves. Public safety is and will remain a big issue in November.===
There’s spring session, you forget about that…
What if the GOP decides to be Red on all those reforms… well…
“Voting records have been established. Mailers write themselves. Public safety is and will remain a big issue in November.”
Amirite?
- Arsenal - Thursday, Feb 10, 22 @ 9:40 am:
==Voting records have been established.==
“Voting records” change with every vote. I don’t think it’s safe to assume that Dems can’t pass a Tuff On Crime bill and blast that out in their own mailers.
- Amalia - Thursday, Feb 10, 22 @ 9:42 am:
there’s more crime coming to folks who have not experienced much before and the downtown Chicago store smashes frighten people. Kim Foxx has had her actions referred to the IARDC by Webb for the Jussie Smollett mess, her staffers quit regularly.
Social media makes information move more quickly, to non criminal justice (or criminal) participants and increases information exchanges (and throw downs) between those who commit crimes. All this amplifies the discussion of criminal justice legislation and makes more urgent the need for Democrats to get something done to level the balance where it seem they care more about offenders than victims. it’s not completely true, but in come cases it is.
- Almost the Weekend - Thursday, Feb 10, 22 @ 9:42 am:
=Because he didn’t kill anybody.=
You fire a weapon into a crowd of people what do you expect the end result to be?
- Arsenal - Thursday, Feb 10, 22 @ 9:43 am:
==You fire a weapon into a crowd of people what do you expect the end result to be? ==
Criminal law is based on facts, not “expectations”.
- Ducky LaMoore - Thursday, Feb 10, 22 @ 9:44 am:
I think, in essence, what the GOP is saying is… every person that entered the Capitol on 1/6/21 should be charged with murder of a police officer.
- JJJJJJJJJJ - Thursday, Feb 10, 22 @ 9:47 am:
I don’t see why it’s a bad policy outcome for this person to go to jail for over a decade rather than for several decades. I simply do not feel strongly about it and am surprised others do.
Furthermore…. once again. Sentence lengths do not deter crime. I implore someone to show me the study to the contrary.
- Arsenal - Thursday, Feb 10, 22 @ 9:48 am:
If you want to charge someone for firing a gun into a crowd, you’ve got plenty of other charges- attempted murder, criminal negligence, etc.
But if we’re going to say that someone killed someone when they didn’t, then that’s a lie, and I thought we didn’t want our public officials doing that.
- Almost the Weekend - Thursday, Feb 10, 22 @ 9:51 am:
=Criminal law is based on facts, not “expectations”.=
Fact: somebody died from his gunfire.
- Facts matter - Thursday, Feb 10, 22 @ 9:54 am:
=== News stories on crime are not going away anytime soon.===
Yes. However, it would be good if the news stories didn’t allow ridiculous statements to stand alone. The person wasn’t charged with murder because no one believed he killed someone. The cops and prosecutor need to bring the person believed to have murdered someone to court. So it’s not that someone is getting away with murder *unless* the police and prosecutor never bring that person to court.
Time to do their jobs. No more shortcuts to blaming the person who everyone knew didn’t commit the offense.
Repealing an unjust law isn’t the problem. The SAFE-T Act was fixing an injustice.
- JJJJJJJJJJ - Thursday, Feb 10, 22 @ 9:54 am:
@Almost the weekend
Good point. Sounds to me like he illegally discharged a weapon and unlawfully used a weapon as a felon. He should probably be charged with that.
- Arsenal - Thursday, Feb 10, 22 @ 9:56 am:
==Fact: somebody died from his gunfire. ==
Did he kill them, though? If so, why were you talking about “expectations”? If not, why do you want public officials to lie and say he did, when there’s plenty of other charges that can send him to jail for his crimes?
- Techie - Thursday, Feb 10, 22 @ 9:57 am:
Arsenal has it right:
“But if we’re going to say that someone killed someone when they didn’t, then that’s a lie, and I thought we didn’t want our public officials doing that.”
It’s just that simple. Charge him with unlawful discharge of a weapon, attempted murder, etc. But to charge him for murder when he didn’t kill anyone makes zero sense.
It’s pretty sad to see news outlets sensationalizing this with their comparison to how this person would have been charged before the law and how they are charged now, and writing the story in a way to make it seem like that’s a bad thing.
No, the bad thing is to charge people for crimes they didn’t commit.
This is why people lose faith in media - instead of informing, they are trying to persuade.
- Roman - Thursday, Feb 10, 22 @ 9:58 am:
== An alternative headline could be: “Cook County State’s Attorney’s office throws Pritzker, Black Caucus under the bus for second time this week to explain charging decisions”…==
Yep. I find that fascinating. And it seems the States’ Atty’s Office went out of their way to make it clear this was not their call. I’ll defer to someone who is better versed than I am on how things go in Cook County criminal court, but it seems odd that SAO would get it on record why they are not charging someone with a specific crime.
- Facts matter - Thursday, Feb 10, 22 @ 10:00 am:
=== News stories on crime are not going away anytime soon.===
Yes. However, it would be good if the news stories didn’t allow ridiculous statements to stand alone. The person wasn’t charged with murder because he was not believed to be the killer. The cops and prosecutor need to bring the person believed to have murdered someone to court.
It’s not that someone is getting away with murder *unless* the police and prosecutor never bring that person to court. Time to do their jobs. No more shortcuts to blaming the person who everyone knew didn’t commit the offense.
Repealing an unjust law isn’t the problem. The SAFE-T Act was fixing an injustice.
- Precinct Captain - Thursday, Feb 10, 22 @ 10:01 am:
- Miso - Thursday, Feb 10, 22 @ 9:09 am:
So if you were put on administrative leave for not telling the truth to a judge, you would consider that what, chopped liver?
https://www.chicagotribune.com/news/criminal-justice/ct-adam-toledo-cook-county-prosecutor-20210416-ciyqei3gsbfbflqb6l2gezq4vq-story.html
- Rich Miller - Thursday, Feb 10, 22 @ 10:03 am:
===So…. should everyone who invaded the US Capitol be charged with first degree murder? That’s the old ridiculously broad Illinois law. ===
I have forwarded a version of this question to the ILGOP. Awaiting response.
- Dan Johnson - Thursday, Feb 10, 22 @ 10:06 am:
- Rich Miller - Thursday, Feb 10, 22 @ 10:03 am:
===So…. should everyone who invaded the US Capitol be charged with first degree murder? That’s the old ridiculously broad Illinois law. ===
I have forwarded a version of this question to the ILGOP. Awaiting response.
—that is totally fair to ask! Thanks.
- Perrid - Thursday, Feb 10, 22 @ 10:16 am:
Oh look, another person who didn’t commit murder wasn’t charged with murder. Yay!
- Pundent - Thursday, Feb 10, 22 @ 10:22 am:
I’ll be interested to hear the ILGOP response to Rich’s question. It seems that for the GOP, while all lives matter, all crimes do not.
- JS Mill - Thursday, Feb 10, 22 @ 10:42 am:
=Cook County voters=
This is a more diverse population of voters than nearly anywhere in the country outside of LA and NYC.
=I have forwarded a version of this question to the ILGOP. Awaiting response.=
I wouldn’t get my hopes up for an answer if yesterday is any indication.
- jim - Thursday, Feb 10, 22 @ 10:44 am:
why do you say the SA’s office is “throwing” JB under the bus. Is Foxx misrepresenting the facts or just citing facts that required the decision she made. Knowing her, she could be lying, but is she?
- Lincoln Lad - Thursday, Feb 10, 22 @ 10:45 am:
I like it… we up the charges on everyone charged at the Capitol on January 6th. Color of skin shouldn’t matter…
- Oswego Willy - Thursday, Feb 10, 22 @ 10:49 am:
- Donnie Elgin -
Did they break it out by state?
Are those numbers similar for Illinois?
I’m curious if you found them.
- pc - Thursday, Feb 10, 22 @ 10:53 am:
attempt murder with a firearm is has a minimum sentence of 26 years, with no opportunity for early release, and a maximum of 50. That does not sound like escaping accountability. As pointed out by a few people on this thread, probably every person who invaded the capitol could be charged with murder under Illinois’ old theory of felony murder.
- Arsenal - Thursday, Feb 10, 22 @ 10:57 am:
==why do you say the SA’s office is “throwing” JB under the bus.==
Typically, ASAs have to explain the charges they did bring, not the ones they didn’t.
- jim - Thursday, Feb 10, 22 @ 11:08 am:
well, what’s wrong with explaining oneself, assuming the explanation is accurate?
are people objecting to an inaccurate statement or one that is accurate, but possibly politically damaging>
- Rich Miller - Thursday, Feb 10, 22 @ 11:14 am:
===assuming the explanation is accurate?===
lol
You be you
- Arsenal - Thursday, Feb 10, 22 @ 11:38 am:
==well, what’s wrong with explaining oneself, assuming the explanation is accurate?==
So what’s your actual question here? At first you were wondering why people said this ASA was throwing JB under the bus, now you’re saying what’s wrong with it. This isn’t quite feeling like a good faith discussion.
- Google Is Your Friend - Thursday, Feb 10, 22 @ 11:54 am:
==…Adding… Former House Democratic staffer who came up during the time when the stinging 1994 wipeout was the controlling party political ideology who is now a pro-police downtown alderperson…==
His political acumen is impeccable. Just ask Cook County State’s Attorney Pat O’Brien. Oh, wait! Whoops!
- Payback - Thursday, Feb 10, 22 @ 12:10 pm:
Does Don Tracy even know how out of touch he is? Let’s translate his whiteplaining:
“As violent crime surges across Chicago (where black people live) and bleeds into surrounding communities (white flight exurbia like Oak Brook mall), we (the old patriarchy) are now seeing the direct consequences of a Governor who prioritizes criminals (individual responsibility and the Constitution) over the safety of law-abiding (white suburban) Illinoisans. “…the SAFE-T Act reveals another way (antiquated Jim Crow type) laws have been changed to give the advantage to criminals (them, the other) and make the job of protecting the public that much harder for law enforcement (although the police have no duty to even show up if you call them). We (the good guys) need to repeal the pro-criminal, anti-police SAFE-T Act immediately and elect a Governor who will make our communities safe again.”
Wow, very Nixon circa 1968. Is Tracy a lawyer, or just pontificating from the golf club? This is enabling language for police misconduct. Tracy would love to go back to the bad old days and let police criminals like Jon Burge torture and frame suspects. It made us all so much safer. Retch.
- Dan Johnson - Thursday, Feb 10, 22 @ 12:13 pm:
Also, for context, this is a great WILL public radio show from two days ago on the topic featuring someone who is serving life in prison for a murder he did not commit.
https://will.illinois.edu/21stshow/story/reforming-the-felony-murder-rule
- Mason born - Thursday, Feb 10, 22 @ 1:17 pm:
I can understand the frustration here. While Powell did not shoot Rankin and probably never meant for his friend to be shot, Rankin is dead because Powell chose to shoot at a crowd and someone shot back. It seems logical that he bears some responsibility for his death.
I could see a case where no one faces charges for Rankins death if the person firing in defense is legal.
I don’t know how you fix that. The old law was out of whack but I get the frustration w the current one or at least current perception of it.
- chitruth - Thursday, Feb 10, 22 @ 3:51 pm:
Payback, I’m not sure what Tracy said, but no doubt the GOP is trying to use this as a campaign issue, just as the Dems tried to tout the criminal justice reforms last year. And it’s not only whites in the burbs who care about rising crime. It’s people of every color in the city and the burbs. Use of the term “whitesplaining” seems to me to be very close to uncivil discourse.
- Amalia - Thursday, Feb 10, 22 @ 4:26 pm:
@Roman, perhaps Foxx is reading the very broad tea leaves and getting that the public is angry about crime. just as the DA in NYC pulled back his ridiculous memo. and maybe those who want to be judges some day are going on the record about the law. Also, remember, Foxx is in the box at IARDC. she needs all the good will she can get.
- Three Dimensional Checkers - Thursday, Feb 10, 22 @ 5:37 pm:
===perhaps Foxx is reading the very broad tea leaves and getting that the public is angry about crime. just as the DA in NYC pulled back his ridiculous memo. and maybe those who want to be judges some day are going on the record about the law. Also, remember, Foxx is in the box at IARDC. she needs all the good will she can get.===
That’s a lot of words to explain ASA Murphy just saying what he wants to say.