THE PEOPLE OF THE STATE OF ILLINOIS,
v.
Jeffrey BING.
No. 00 CR- 01234567.
Fact: Jeffrey Bing, the defendant, had gone camping together with Newton and Geller. As the three approached their lodge while coming back from a hike, Newton joked that he had spent a weekend with Geller’s ex-girlfriend in New York. Yet, Geller was not aware that his former girlfriend had a current relationship with Bing. Geller became agitated and began fighting Bing using a knife. He used the knife to cut Newton on the arm, upon the latter’s attempt to separate the two. As Newton left the scene to ask for help, Bing took out his gun and pointed it towards Geller, warning him that he would shoot if Geller did not drop weapon (a knife) and stop the fight. Geller did not balk; instead, he continued moving towards Bing. Bing then shot Geller, leading to the latter’s death.
Holding: A defendant has the right to engage in self-defense if he has reason to believe that he faces a threat from a far superior force.
Rule of Law: 720 ILCS 5 / 9-1(c)(4) – if a defendant’s actions were motivated by the “compulsion of threat or menace of the imminent infliction of death or great bodily harm,” then a jury may consider this as a mitigating factor (720 ILCS 5/9-1).
Rationale: Self-defense may serve as a mitigating factor in such a case. However, the defendant must prove beyond a reasonable doubt that they did not have a preconceived idea to commit the offense and that the failure to undertake the fateful action would cause imminent danger or death. Further, as highlighted in the People v. S.M. – 93 Ill. App. 3d 105, 48 Ill. Dec. 690, 416 N.E.2d 1212 (1981) case law, the defendant must prove that the opposing side was of a superior force. For Bing’s case, his small stature and weight relative to those of Geller illustrate the latter’s superiority. Further, Geller continued charging towards Bing, while holding a knife, despite Bing’s warnings that he would shoot.
Judgment: Bing acted in self-defense; hence, he is not guilty of first-degree murder.
References
720 ILCS 5/9-1
People v. S.M. – 93 Ill. App. 3d 105, 48 Ill. Dec. 690, 416 N.E.2d 1212 (1981)