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People v. O'Malley5/6/2005
After a bench trial before the circuit court of Lake County, defendant, John J. O'Malley, was found guilty of resisting or obstructing a peace officer (720 ILCS 5/31--1 (West 2002)) and fleeing or attempting to elude a police officer (625 ILCS 5/11--204(a) (West 2002)), as well as two other traffic offenses. Defendant appeals, contending: (1) that the State failed to prove an essential element of the offense of fleeing or attempting to elude a police officer; (2) that he was wrongfully convicted of resisting or obstructing a peace officer; and (3) that the sentence of probation for fleeing or attempting to elude a police officer should be vacated. For the reasons that follow, we affirm the judgment of the circuit court. However, we vacate the sentences imposed for fleeing or attempting to elude a police officer and for resisting or obstructing a peace officer, and we remand for resentencing.
I. FACTS
Defendant was charged with unlawful possession of not more than 2.5 grams of cannabis (720 ILCS 550/4(a) (West 2002)), resisting or obstructing a peace officer by failing to place his hands on his vehicle (720 ILCS 5/31--1 (West 2002)), resisting or obstructing a peace officer by failing to move his feet into position to facilitate a pat-down search (720 ILCS 5/31--1 (West 2002)), speeding (625 ILCS 5/11--601(b) (West 2002)); fleeing or attempting to elude a police officer (625 ILCS 5/11--204(a) (West 2002)), failing to carry and exhibit his driver's license (625 ILCS 5/6--112 (West 2002)), and driving under the influence of a drug or combination of drugs (625 ILCS 5/11--501(a)(4) (West 2002)). Defendant, who is licensed to practice law in the State of Illinois, pleaded not guilty to all charges, waived his right to trial by jury, and elected to represent himself during the bench trial.
Lieutenant John Jansky of the Lake County sheriff's department testified that at about 10:15 a.m. on September 11, 2003, he was in a marked squad car headed east on Belvidere Road (IL Route 120), on his way to the State's Attorney's office in Waukegan. Jansky was traveling in the left lane of Belvidere Road at a speed of approximately 50 to 54 miles per hour when a black Mercedes traveling in the right lane passed his squad car. Jansky "paced" the speed of the Mercedes at 70 miles per hour by traveling behind the Mercedes at a constant distance for several hundred feet and observing his squad car's speedometer. The posted speed limit on Belvidere Road at that location was 50 miles per hour. After determining the speed of the Mercedes, Jansky activated the squad car's rotating red lights, flashing headlights, blue and red strobe lights, and in-car video system. At that point, the Mercedes moved from the right lane to the left lane such that it was traveling directly in front of the squad car. Jansky indicated that the squad car's lights were activated near the Lakehurst Road intersection. When asked if he activated the squad car's siren, Jansky said, " t that point no."
The driver of the Mercedes did not respond to the squad car's lights. Next, Jansky observed the Mercedes' brake lights activate and the Mercedes slow to about 60 miles per hour, only to accelerate again. The Mercedes repeated this pattern several times. Jansky said that they then passed under the Route 41 or Route 43 overpass and entered an "S" curve. Jansky noticed the Mercedes drive on top of the outside lane marker and then move to the right, driving on top of the lines dividing the right and left lanes. Jansky said that there was no indication that the driver of the Mercedes intended to pull over. When the Mercedes reached a red light at the Knight Avenue intersection, Jansky was able to maneuver his squad car ar
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