Summary
This appellate court opinion reviews the trial court's order granting the State's petition for pretrial detention against defendant Damarco Watkins-Romaine, who faces charges including attempted first degree murder and aggravated battery with a firearm. Following a remand from the Illinois Supreme Court, the First District Appellate Court independently reviewed the proffered evidence and concluded that the State met its clear and convincing burden to prove the defendant committed a detainable offense, poses a real and present threat to the community, and cannot be safely released under any conditions. The court affirmed the trial court's detention order.
Topics
Practice areas
Questions Presented
- Whether the State’s petition for pretrial detention was timely filed
- Whether the State met its burden of clear and convincing evidence on the three statutory elements of pretrial detention
Holdings
- The Illinois Supreme Court held the petition was timely, and this court must consider the sufficiency argument on remand.
- The State satisfied its burden on all three elements—detainable offense, real and present threat, and inability of conditions to mitigate the threat—and the trial court’s detention order is affirmed.
Key quotations
“For the foregoing reasons, we affirm the trial court’s decision to grant the State’s petition for pretrial detention.” (¶ 43)
“Clear and convincing evidence is “that quantum of proof that leaves no reasonable doubt in the mind of the fact finder about the truth of the proposition in question.”” (¶ 24)
Factual background
Defendant Damarco Watkins‑Romaine was arrested for five counts of attempted first‑degree murder and related firearm offenses stemming from a November 23, 2022 shooting. Evidence included DNA in the suspect's girlfriend's SUV, matching ammunition, cell‑tower data placing his phone near the scene, and threatening text and Facebook messages. The victim could not positively identify the shooter, and other DNA was found in the vehicle.
Procedural history
The trial court denied a no‑bail request, ordered bail with electronic monitoring, and later granted the State's petition for pretrial detention. The defendant appealed the detention order. The appellate court reversed on untimeliness, the Illinois Supreme Court reversed that decision and held the petition timely, remanding for consideration of the sufficiency argument. On remand, the appellate court affirmed the trial court's detention order.