On November 2, 2015, 9-year old Tyshawn Lee was shot to death in Chicago. Shortly after the shooting, Chicago police arrested 22-year old Drwight Boone-Doty. This week, Chicago prosecutors charged Boone-Doty with the aggravated murder, of Lee, in the first degree murder. Under Illinois criminal law, in order for the prosecutors to successfully argue that Boone-Doty is guilty, they must show: (1) that he knowingly, and intentionally killed Lee, and (2) the existence of an aggravating factor in the commission of the murder (IGA, n.d.). In this case, the prosecutors are most likely to argue that Lee was under 12 years old, and Boone-Doty exhibited “exceptionally brutal or heinous behavior indicative of wanton cruelty” (Hussain et al., 2016).
The evidence that the prosecutors will likely rely on to prove Boone-Doty is guilty is a “secretly recorded” conversation that Boone-Doty had with another inmate, Boone-Doty admitted that he and other had planned on killing Lee in retaliation for acts of his father, who was a member of a rival gang. This evidence will be used to show that Boone-Doty satisfied the mens rea or mental element in the crime. Secondly, prosecutors will also likely investigate whether a gun found on Boone-Doty when he was originally arrested on gun charges unrelated to Lee’s death, was the same gun that was used to kill Lee. This would prove the actus reus element of the crime. In addition, prosecutors will use Boone-Doty’s describing how he killed Lee by shooting him in the head. Based on this evidence, especially Boone-Doty’s confession and the fact that he was a member of a gang, had a history of violence including murder. It is likely that Boone-Doty will be found guilty. First degree murder in Illinois carries a mandatory 20-60 year sentence. If found guilty, prosecutors will most likely ask for the 60 year maximum, based on the facts of the crime.
References
Hussain, R., Grimm, A., Main, F. & Esposito, S. (2016, Mar. 8). Tyshawn Lee murder ‘act of savagery and treachery’. Retrieved from http://chicago.suntimes.com/news/jailhouse-informant-was-key-to-charges-in-tyshawn-lee-case/
Illinois General Assembly (IGA). (n.d.). Illinois Compiled Statutes: Illinois Criminal Statute: First degree murder. Retrieved from http://www.ilga.gov/legislation/ilcs/fulltext.asp?DocName=072000050K9-1
