Last summer, SD was arrested for Aggravated Discharge of a Weapon & Unlawful Possession of a Weapon by a Felon. He faced 6-30 years in prison. Minutes before his arrest, the police witnessed a man who vaguely resembled SD shooting into a vehicle at almost point-blank range. The police lost sight of this man and began to canvas the immediate area. SD was detained after being seen running away from the area of the shooting. Back at the police station, a gunshot residue (GSR) of SD’s hands returned a positive result. We were retained by SD’s family and began our investigation.
First, after reviewing the police reports we dispatched an investigator to interview witnesses and gather our own evidence. In doing so, we discovered multiple inconsistencies and flaws in the State’s case. Notably, it took the police more than 8 months to find and interview a witness who made a positive identification of SD. Additionally, our investigation revealed that the witness may have felt pressured to make the identification. Prior to trial, attorneys Robert Callahan and Paul Meyers visited the scene. They made measurements and took photos in order to determine the exact locations of the witnesses at the time of the shooting.
By the time SD’s jury trial began, we were well prepared. On cross examination, Robert Callahan got the officers to contradict each other on the distance between them and the shooter. They acknowledged that the shooter was partially obscured behind a large vehicle at the time they saw him. They were also forced to admit that they never recovered any weapon or handgun that night, from SD, or anywhere for that matter.
Besides law enforcement testimony, a gunshot residue expert testified that SD’s left hand was positive for gunshot residue. After consulting with our own expert, we learned that gunshot residue is easily transferable. It also doesn’t degrade. This means that it could have been on SD’s hands for a long time prior to that evening. On cross examination, the State’s expert agreed with our conclusions on transfer-ability and admitted that actually only a tiny amount of gunshot residue was on SD’s hand. His testimony also contradicted the police officers’ testimony that the shooter had the gun in his right hand.
Just over an hour after hearing Chicago criminal defense lawyer Robert J Callahan‘s passionate closing argument, the jury found SD not guilty on all counts. The dedication, preparation, and investigation used throughout SD’s case made this outcome possible, and is the strategy we employ for all our clients. NOT GUILTY – Class X Aggravated discharge of a firearm/Unlawful Use of Weapon/Felon