2024 IL App (2d) 230481-U 

No. 2-23-0481 

Order filed January 26, 2024

NOTICE: This order was filed under Supreme Court Rule 23(b) and is not precedent 

except in the limited circumstances allowed under Rule 23(e)(1).

______________________________________________________________________________ 

IN THE

APPELLATE COURT OF ILLINOIS

SECOND DISTRICT

______________________________________________________________________________ 

THE PEOPLE OF THE STATE ) Appeal from the Circuit Court

OF ILLINOIS, ) of Kane County. 

) 

Plaintiff-Appellee, ) 

) 

v. ) No. 23-CF-2401 

) 

JUDD J. NILLES, ) Honorable 

) John A. Barsanti, 

Defendant-Appellant. ) Judge, Presiding.

______________________________________________________________________________ 

JUSTICE BIRKETT delivered the judgment of the court.

Justices Schostok and Kennedy concurred in the judgment.

ORDER

¶ 1 Held: The trial court’s determinations that the proof was evidence or the presumption 

great that defendant likely committed the charged offenses and that no conditions 

would mitigate defendant’s threat to the victims or the community were not against 

the manifest weight of the evidence. The trial court did not abuse its discretion in 

ordering defendant’s detention.

¶ 2 Defendant, Judd J. Nilles, timely appeals, under Illinois Supreme Court Rule 604(h) (eff. 

Oct. 19, 2023), the order of the circuit court of Kane County denying pretrial release pursuant to 

Public Acts 101-562 and 102-1104 (eff. Jan. 1, 2023), commonly known as the Pretrial Fairness 
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Act (Act).1 Defendant argues that the State failed to meet its burden (1) of proving that defendant 

likely committed the charged offenses and (2) of proving that no conditions could mitigate his real 

and present threat to the victims in the charged offenses or the community. We affirm.

¶ 3 I. BACKGROUND

¶ 4 On November 6, 2023, defendant was involved in an altercation with Denna Nilles, his 

estranged wife, and her boyfriend, Jarrod Fortner. The three were present at defendant’s residence 

in St. Charles, Illinois. The record shows that Nilles was in violation of a bond order to neither 

have any contact with defendant nor be present at defendant’s residence. The record further shows 

that Nilles and defendant are currently engaged in divorce proceedings.

¶ 5 According to the State’s proffer, defendant threatened Fortner with a large hunting knife 

and, once Fortner had departed the residence, locked the door to keep Fortner out. At the same 

time, Nilles remained within the residence, and defendant piled items in front of the door to prevent 

Nilles from leaving. As defendant was doing this, Nilles was removing the items and unlocking 

locks on the door. A video recording was made of the altercation, and the responding police 

officers viewed the recording. Defendant is heard on the recording saying to Nilles, “You’re not 

leaving.” When Nilles was about to leave, defendant struck her on her back, the back of the neck, 

and the back of her head with a large steel pipe. Seeing this, Fortner reentered defendant’s 

residence to help Nilles. Defendant struck Fortner on the left arm with the steel pipe. Fortner and 

Nilles told the police that the three of them all lived together in defendant’s residence. Fortner and 

Nilles were examined at a hospital and had no serious injuries.

1

The Act has also been referred to as the Safety, Accountability, Fairness and Equity-Today 

(SAFE-T) Act. Neither name is official, as neither appears in the Illinois Compiled Statutes or 

public acts.
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¶ 6 As a result of the altercation, defendant was charged with eight counts, including domestic 

battery (720 ILCS 5/12-3.2 (West 2022)), a detainable offense (725 ILCS 5/110-6.1(a)(4) (West 

2022)). In addition, defendant had prior convictions for a 1988 burglary, a 2007 false report to 

911, and a 2013 driving under the influence (DUI) offense. He also had six pending cases at the 

time of the charged offenses, including an aggravated domestic battery, an aggravated DUI, 

disorderly conduct and resisting arrest, violation of a domestic violence bail bond, violation of an 

order of protection, and driving while license revoked, all occurring between June and October 

2023. The State argued that the pending cases all involved violent or bizarre behavior, alcohol 

and drug use, and a flat inability to follow any conditions of pretrial release. The State argued that, 

because defendant had repeatedly committed new offenses while he was on pretrial release with 

conditions, including the instant offense which was committed while he was on pretrial release 

with maximum conditions, defendant had amply demonstrated that he would not obey court orders, 

and it was finally time to protect the community and order defendant’s detention.

¶ 7 Defendant argued that the State’s proffer failed to prove by clear and convincing evidence 

that the proof was evident or the presumption great that defendant committed the charged offenses. 

Defendant argued that the evidence presented in the police synopsis of the offense was provided 

by Nilles, who was obviously antagonistic to defendant, and who had lied to police by representing 

she lived at defendant’s residence. In fact, Nilles was forbidden to have contact with defendant or 

to be at his residence as conditions of bond in another, unrelated, felony-level case, No. 23-CF1667. Defendant argued that, additionally, Nilles and Fortner had showed up at defendant’s home, 

where they were not permitted to be, so the inference that defendant initiated a violent altercation 

was unsupported, and the inference that defendant was simply defending himself from unlawful 

intruders was supported.
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¶ 8 Defendant also argued that the State failed to prove that no conditions existed that could 

mitigate the threat posed by defendant. According to defendant, the evidence supported only that 

he and Nilles should not have contact because the altercation was instigated when Nilles

improperly visited defendant’s residence. Had Nilles chosen to obey the conditions of her bond 

in her felony-level case, the altercation would not have occurred. Defendant reasoned that the 

evidence clearly showed that there was no need to mitigate any threat posed by defendant where 

defendant was abiding by the conditions of his pretrial release and was accosted at his residence. 

Defendant concluded that, if no-contact conditions were instituted in this case, defendant would 

pose no threat to Nilles or the community because the circumstances of this offense showed that 

defendant was compliant with the conditions of his pretrial release.

¶ 9 The State, in rebuttal, argued that Nilles’s violation of her bond did not excuse defendant’s 

conduct in this case. The evidence, which was confirmed by the observations of the responding 

officers and documented by the video recording, demonstrated that defendant attempted to lock 

Nilles inside of his residence while forbidding her from leaving. When Nilles tried to leave, 

defendant struck her in the back of the head with a steel pipe, and when Fortner tried to intervene, 

defendant struck him. According to the State, the circumstances of the offense demonstrated that 

defendant posed a danger to the victims and the community. The circumstances of the other cases, 

including the violation of an order of protection against another individual, his use of weapons in 

another pending case, his altercations with police, all underscored the real and present threat posed 

by defendant. The fact that he continued to commit offenses while on pretrial release with 

conditions indicated that there were no conditions remaining that could mitigate defendant’s threat.

¶ 10 The trial court granted the State’s petition. The court found that the State proved, by clear 

and convincing evidence, that the proof was evident and the presumption great that defendant 

committed the charged offenses. It based this finding on the details presented about the offense, 
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that the responding police officers were able to confirm many of the victims’ statements about the 

offense. The court also considered defendant’s criminal history, and the synopses of defendant’s 

other recent offenses. 

¶ 11 The trial court also determined that there were no conditions of release that could assure 

the safety of the victims specifically or the community. The court noted that defendant had been 

on various conditions of pretrial release, and he had repeatedly violated those conditions. His 

behavior was consistently dangerous and violent, and his interactions with police officers were 

consistently troubling and dangerous.

¶ 12 Defendant timely appeals the trial court’s November 7, 2023, detention order. Defendant 

elected to stand on his notice of appeal. On January 16, 2024, the State filed its memorandum 

opposing defendant’s arguments.

¶ 13 II. ANALYSIS

¶ 14 In his notice of appeal, defendant requests that we reverse the trial court’s judgment and 

deny the State’s verified petition to detain. Defendant checked the boxes regarding whether the 

State sufficiently proved that he likely committed the charged offenses and whether the State 

sufficiently proved no conditions of release could mitigate the threat posed by defendant. 

Defendant provided brief elaboration for both issues. First, defendant argues that the victims’ 

“statement should not be relied upon” because they falsely claimed to reside at defendant’s 

residence. Next, defendant argues, conclusorily, that “electronic home monitoring or a no contact 

condition between [defendant] and the complaining witnesses” “could mitigate any threat” 

defendant posed. 

¶ 15 Our review of these contentions proceeds under a bifurcated standard of review. We 

review the trial court’s factual findings to determine whether they are against the manifest weight 
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of the evidence. People v. Trottier, 2023 IL App (2d) 230317, ¶ 13. We review the court’s ultimate 

determination for an abuse of discretion. Id. 

¶ 16 Turning to whether the State sufficiently proved that defendant likely committed charged 

offense, we conclude the trial court’s determination was not against the manifest weight of the 

evidence. The State proceeded by way of proffer. Defendant correctly points out that the 

complaining witnesses/victims made the false claim to the police that they resided with defendant 

at defendant’s residence. However, the police were able to personally observe many corroborating 

details that lent credence and credibility to the victims’ accounts of the offense. Specifically, there 

was a recording of the events, and the police viewed the recording. On it, defendant is heard saying 

that Nilles would not be allowed to leave. The victims consistently described the altercation and 

defendant’s actions. The circumstances of the crime, therefore, were borne out by the personal 

observations of the police despite the false claim by the victims that they resided with defendant 

at defendant’s residence. We cannot conclude that the court’s determination was against the 

manifest weight of the evidence.

¶ 17 We further note that defendant challenged only the account of the offense in this case. The 

State also provided synopses of six other cases, all occurring from June through October 2023. In 

these cases, defendant was charged with violent, drug- or alcohol-fueled conduct, resisting police 

officers, and conduct that was threatening to Nilles and another individual who had secured an 

order of protection against defendant. While there is ample evidence to support the victims’ 

account, these synopses further demonstrate that defendant has embarked upon a course of violent 

and dangerous conduct, culminating in the charges in the instant case. We therefore conclude that 

the court could properly consider the circumstances of this case and the other six cases in 

determining whether defendant should be detained on the charges in this case.
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¶ 18 Relatedly, defendant contends that the State failed to prove that there were no conditions 

that could mitigate the real and present threat posed by defendant. Defendant’s conduct, as 

demonstrated in the six cases charged between June and October 2023, all exhibit violence or 

refusal to conform to previous court orders. Defendant had been on pretrial release with various 

conditions, yet the six charged offenses demonstrate that the conditions were not mitigating the 

threat posed by defendant. Indeed, the six other offenses demonstrate that defendant’s conduct 

had been dangerous to others, and the circumstances of the instant offense demonstrate that 

defendant posed a real and present threat to Nilles and Fortner. We cannot say that the trial court’s 

determination that no conditions would mitigate defendant’s threat to the victims or community 

was against the manifest weight of the evidence.

¶ 19 Finally, the trial court considered the evidence presented against the proper standards. 

Based on this record, which demonstrates that defendant and the victims were antagonistic, that 

defendant was using alcohol and drugs resulting in violent outbursts, that defendant was unable to 

conform to the conditions of pretrial release in other offenses, and defendant was charged with 

new offenses while previous charges remained pending, we cannot say that the trial court abused 

its discretion in granting the State’s petition to detain.

¶ 20 III. CONCLUSION

¶ 21 For the foregoing reasons, we affirm the judgment of the circuit court of Kane County. 

¶ 22 Affirmed.