A social media rivalry ended violently when a woman ran over her romantic rival in front of numerous witnesses.
Cook County prosecutors charged 24-year-old Chynna Stapleton with murder in the death of 18-year-old Tatyanna Lewis. The two women had apparently exchanged semi-violent messages over Facebook about a man who was apparently Ms. Lewis’ boyfriend and the father of Ms. Stapleton’s child. The online squabble erupted into a physical altercation in Morgan Park; the fight later turned into something of a melee, according to witnesses. As the fight was breaking up, Ms. Stapleton got into her 2002 Jeep Liberty and smacked into Ms. Lewis, pinning her against a tree. She then ran over the victim with both the front and back wheels. Ms. Lewis was rushed to a nearby hospital where she was later pronounced dead.
Ms. Stapleton’s attorney said that his client, who has no criminal history, was prodded into action by Ms. Lewis’ “provocative language;” he also pointed out that Ms. Stapleton was assaulted at the scene.
Types of Murder in Illinois
Before delving into this story, it is important to stop and consider the different types of murder in Illinois because much of the defense strategy in these cases is dictated by what the statute requires.
- First Degree Murder: This crime is basically the intentional killing of another person without any mitigating factors. The prosecutor must prove that the defendant intended to kill or seriously harm the victim, the defendant knew there was a significant likelihood that the victim would die or be seriously injured, or the crime was committed in conjunction with another forcible felony like burglary or rape. There are 21 aggravating factors that could increase the penalty from life in prison to death by lethal injection.
- Second Degree Murder: If the defendant “has no significant history of prior criminal activity,” was not present during the actual murder, acted because of a threat, or another mitigating factor is involved, the defendant is entitled to a lesser sentence.
- Manslaughter: If the defendant acted under a sudden passion (an intense and uncontrollable feeling of rage, guilt, fear, jealousy or whatever), or if the defendant erroneously believed that the homicide was justified, then the defendant is entitled to even a lesser sentence that may, in some cases, even include probation.
Lack of knowledge, insanity, lack of intent, and self-defense are the most common complete defenses to a homicide charge.
In the above story, it appears that the defense attorney is setting up several possible defenses. But it is questionable, based on the facts, that either a sudden passion defense or self-defense would be viable in front of a jury.
Defending Murder Cases
The most difficult homicide cases to defend are the ones that involve a sympathetic victim and a straightforward fact pattern. Many times, the victim is an unsympathetic person, such as a drug dealer or a known criminal. If the jury has more sympathy for the defendant than for the victim, the jury is usually more likely to acquit the defendant.
For this tactic to work, an attorney must have a solid legal or factual defense because Michael Murderer could kill the devil himself and Michael will probably still be convicted unless he has a recognized defense.
Prosecutors also like cases that are easy to follow because the more facts that are involved, the more likely it is that at least one juror will have a reasonable doubt. Some people call this tactic, which is often successful as well, the “sink and ink” defense.
Count on Experienced Attorneys
Some effective murder defenses are based on the statute, and some are not. For a confidential consultation with an experienced criminal law attorney in Schaumburg, contact Glasgow & Olsson.
(image courtesy of Parker Byrd)