2024 IL App (2d) 240015 

No. 2-24-0015 

Opinion filed March 19, 2024 

______________________________________________________________________________ 

IN THE

APPELLATE COURT OF ILLINOIS

SECOND DISTRICT

______________________________________________________________________________ 

THE PEOPLE OF THE STATE ) Appeal from the Circuit Court 

OF ILLINOIS, ) of McHenry County. 

) 

Plaintiff-Appellee, ) 

) 

v. ) No. 23-CF-357 

) 

JOSHUA SLATEN, ) Honorable 

) Michael J. Chmiel, 

Defendant-Appellant. ) Judge, Presiding. 

______________________________________________________________________________ 

JUSTICE SCHOSTOK delivered the judgment of the court, with opinion. 

Justice Birkett concurred in the judgment and opinion. 

Justice Hutchinson specially concurred.

OPINION

¶ 1 The defendant, Joshua Slaten, appeals from the denial of his pretrial release under section 

110-6.1 of the Code of Criminal Procedure of 1963 (Code) (725 ILCS 5/110-6.1 (West 2022)), as 

amended by Public Act 101-652 (eff. Jan. 1, 2023), commonly known as the Pretrial Fairness Act 

(Act).1 See Pub. Act 102-1104, § 70 (eff. Jan. 1, 2023) (amending various provisions of the Act); 

Rowe v. Raoul, 2023 IL 129248, ¶ 52 (lifting stay and setting effective date as September 18, 

2023). For the following reasons, we reverse the order denying the defendant pretrial release.

1The Act is commonly known as the Safety, Accountability, Fairness and Equity-Today 

(SAFE-T) Act.
2024 IL App (2d) 240015 

- 2 - 

¶ 2 I. BACKGROUND

¶ 3 On April 10, 2023, when the police attempted to pull the defendant over for a traffic 

violation, he led the police on a car chase that started in Spring Grove, Illinois, and ended in 

Kenosha, Wisconsin. Based on the incident, the State charged the defendant with various nonfelony offenses and the following felonies: aggravated fleeing and eluding a police officer (625 

ILCS 5/11-204.1(a)(1), (a)(4) (West 2022)) (2 counts; class 4 felony); aggravated identity theft 

(720 ILCS 5/16-30(b)(1) (West 2022)) (2 counts; class 3 felony); unlawful possession of a credit 

or debit card (id. § 17-32(b)) (2 counts; class 4 felony); and unlawful possession of a controlled 

substance (id. § 570/402(c)) (class 4 felony). There were 25 counts in total. 

¶ 4 Afterbeing stopped by Kenosha deputies, the defendant was arrested and incarcerated there

as a result of pleading guilty to charges stemming from the vehicle chase. On August 18, 2023, 

the defendant wrote a letter to the circuit court of McHenry County, noting that he was in jail in 

Kenosha County and that he had waived an extradition hearing and signed extradition papers. He 

requested a public defender to face the charges in Illinois.

¶ 5 On December 22, 2023, as the defendant was nearing the end of his period of custody in 

Kenosha, the State filed a verified petition to deny him pretrial release pursuant to section 110-6.1 

of the Code (725 ILCS 5/110-6.1 (West 2022)). The State alleged that the defendant was eligible 

for detention and should be denied pretrial release based on a risk of “willful flight for class 3 and 

greater felony offenses.” Alternatively, if not detained, the State asserted that there should be 

conditions placed on the defendant’s pretrial release.

¶ 6 That same day, the defendant was present in court for his initial appearance in this case, a 

public defender was appointed, and the trial court conducted a detention hearing. The State first 

went over the facts of the case. The State noted that a police officer observed the defendant holding 
2024 IL App (2d) 240015 

- 3 - 

a cell phone and speaking into the phone while also driving. The officer activated his emergency 

lights. The defendant first slowed down and appeared to be pulling over. However, when the 

officer slowed down and pulled behind the defendant, the defendant accelerated and began to drive 

away at a high rate of speed. The officer activated his sirens and emergency lights and began to 

follow the defendant northbound on Wilmot Road. While driving, the defendant committed 

multiple traffic offenses. The defendant ultimately crossed the Wisconsin state line and was 

stopped by Kenosha County deputies. The officer interviewed the defendant. The defendant stated 

that he decided not to stop because he had a suspended license and did not want to get arrested. 

A search of the vehicle uncovered open alcohol, drugs, drug paraphernalia, and identification cards 

and credit/debit cards belonging to other people. The officer’s investigation indicated that the 

defendant was not authorized to be in possession of the aforementioned cards.

¶ 7 Next, the State argued that eluding the police was intentional conduct aimed at thwarting 

prosecution. The State further noted that the defendant had an extensive criminal history in Illinois 

dating back to 1995. Many of his arrests were for drug possession and retail theft. In addition, the 

defendant’s pretrial services report indicated that he had “geographical movement” in Illinois, 

Ohio, Kentucky, West Virginia, and Tennessee. The State also noted that the defendant had failed 

to appear in court on one occasion in 2009 in Tennessee. For these reasons, the State requested 

that the defendant be detained pretrial based on the risk of willful flight.

¶ 8 The defendant stated that from April 10, 2023, until the date of the hearing, he was in 

custody in Wisconsin. While in custody, he participated in a 36-hour per week program that 

involved classes geared toward a positive return to society. He was a peer mentor and a leader of 

a group. The defendant acknowledged that in McHenry County, in 2012, there was a single bond 

forfeiture warrant issued, but it was quashed a week later, “showing that when he did fail to appear 
2024 IL App (2d) 240015 

- 4 - 

he immediately rectified that situation.” The defendant noted that his mother, son, and two sisters 

all lived in Woodstock and that he had lived in McHenry County for the last 20 years. The 

defendant argued that eluding the police was not a proper basis for a finding of willful flight, and 

his criminal history in Illinois demonstrated that he had always appeared in court as required. The 

defendant acknowledged that a warrant was issued with a cash bond set at $50,000, but that he 

was electing to proceed under the Act. The defendant requested that the petition for detention be 

denied.

¶ 9 Following the hearing, the trial court granted the State’s petition for detention. The trial 

court stated that there were so many counts in the complaint that it could foresee “somebody not 

wanting to have to deal with all this.” The trial court noted that there were “elements of missing 

court dates” and that the charges “involve some element of [flight] as well.” The trial court found

that there was sufficient evidence to conclude that the defendant posed a risk of willful flight.

¶ 10 The trial court entered a written form order that same day. In the order the trial court 

indicated that aggravated identity theft was a detainable offense, the defendant posed a real and 

present threat of willful flight and that no condition or combination of conditions could mitigate 

the threat. In the place on the form order for the trial court to enter its written findings, the trial 

court stated that its finding was “based on the proffers offered as well as the evidence on the court 

file. The Court finds that the charges involve some element of flight and there is evidence that the 

defendant is a flight risk.” The defendant timely appealed from this order. The defendant filed a 

memorandum in support of his appeal and the State filed a response. 

¶ 11 II. ANALYSIS

¶ 12 At the outset we note that, in his notice of appeal, the defendant raised, as grounds for 

relief, that (1) the State failed to prove that he committed a detainable offense, (2) the State failed 
2024 IL App (2d) 240015 

- 5 - 

to prove that he posed a real and present threat to the safety of others or the community, (3) the 

State failed to prove that he posed a risk of willful flight risk and that no conditions could mitigate 

that risk, and (4) the trial court erred in its determination that no set of conditions would reasonably 

ensure his appearance at later hearings or prevent him from being charged with a subsequent felony 

or Class A misdemeanor. However, in his memorandum, the defendant only presents argument in 

support of the third issue. As such, the other issues are abandoned. See People v. Rollins, 2024 

IL App (2d) 230372, ¶ 22 (finding defendant abandoned those Rule 604(h) claims raised in the 

notice of appeal but not addressed in his memorandum).

¶ 13 On appeal, the defendant argues that the trial court erred in finding that the State met its 

burden of proving (1) that he posed a high likelihood of willful flight and (2) that there were no 

conditions or combination of conditions that could mitigate the risk of willful flight.

¶ 14 In Illinois, all persons charged with an offense are eligible for pretrial release. Id. §§ 110-

2(a), 110-6.1(e). Pretrial release is governed by article 110 of the Code as amended by the Act. 

Id. § 110-1 et seq. Under the Code, as amended by the Act, a defendant’s pretrial release may only 

be denied in certain statutorily limited situations. Id. §§ 110-2(a), 110-6.1(e). 

¶ 15 Relevant to this appeal, a court may deny a defendant pretrial release if the defendant “has 

a high likelihood of willful flight to avoid prosecution and is charged with *** [a] felony offense 

other than a Class 4 offense.” Id. § 110-6.1(a)(8)(B). The Code defines “willful” flight as:

“intentional conduct with a purpose to thwart the judicial process to avoid prosecution. 

Isolated instances of nonappearance in court alone are not evidence of the risk of willful 

flight. Reoccurrence and patterns of intentional conduct to evade prosecution, along with 

any affirmative steps to communicate or remedy any such missed court date, may be 

considered as factors in assessing future intent to evade prosecution.” Id. § 110-1(f).
2024 IL App (2d) 240015 

- 6 - 

To deny a defendant pretrial release based on willful flight, the trial court must find that the State 

proved the following by clear and convincing evidence that (1) the proof is evident or the 

presumption great that the defendant has committed a detainable offense as set forth in section 

110-6.1(a) and (2) no condition or combination of conditions can mitigate the risk of the 

defendant’s willful flight. Id. § 110-6.1(e)(1), (3). Further, in its detention order, the trial court 

must “make a written finding summarizing [its] reasons for concluding that the defendant should 

be denied pretrial release, including why less restrictive conditions would not *** prevent the 

defendant’s willful flight from prosecution.” Id. § 110-6.1(h)(1). 

¶ 16 We review the court’s decision to deny pretrial release under a bifurcated standard. People 

v. Trottier, 2023 IL App (2d) 230317, ¶ 13. Specifically, we review under the manifest-weightof-the-evidence standard the court’s factual findings as to dangerousness, flight risk, and whether 

conditions of release could mitigate those risks. Id. A finding is against the manifest weight of 

the evidence only where it is unreasonable or not based on the evidence presented. Id. We review 

for an abuse of discretion the trial court’s ultimate determination regarding pretrial release. Id. 

An abuse of discretion also occurs only when the trial court’s determination is arbitrary, fanciful, 

or unreasonable, or where no reasonable person would take the view adopted by the trial court. Id.

¶ 17 The defendant’s first contention on appeal is that the trial court erred in finding that he 

posed a high likelihood of willful flight to avoid prosecution. The defendant argues that it was 

improper for the trial court to consider the number of charges in this case as a basis for a finding 

of willful flight because the nature of the criminal charges alone cannot be a basis to overcome a 

defendant’s presumed eligibility for release. The defendant also argues that it was improper for 

the trial court to consider the charges of evading the police because such charges cannot be the 

basis for a finding that he posed a flight risk. 
2024 IL App (2d) 240015 

- 7 - 

¶ 18 In support of this contention, the defendant relies on People v. Sims, 2024 IL App (4th) 

231335-U. In Sims, the defendant was charged with possession of a stolen motor vehicle (625 

ILCS 5/4-103(a)(1) (West 2022)), a Class 2 felony. Sims, 2024 IL App (4th) 231335-U, ¶ 4. The 

State filed a petition to deny pretrial release based on the defendant having “a high likelihood of 

willful flight to avoid prosecution.” Id. ¶ 4. At a detention hearing, in support of its petition, the 

State cited the defendant’s extensive criminal history, that he had scored a four out of six on a 

“failure to appear” assessment report, and that he had failed to appear in court on one prior 

occasion. The State also relied on a probable cause statement from the police. Id. ¶ 5. The facts 

showed that the police responded to a report of a car driving erratically on the interstate. The 

police started following the vehicle but did not activate emergency lights or sirens. Id. Ultimately, 

the driver crashed and ran from the vehicle. The police later found him walking in a cornfield. 

Upon investigation, the police discovered that the vehicle had been stolen. Id. ¶ 6. 

¶ 19 Following the hearing, the trial court granted the State’s petition to detain. Id. ¶ 10. The 

trial court noted that the defendant had seen the police following him and had tried evade or elude 

them. The trial court also noted that the defendant had a prior conviction for resisting a police 

officer and noted the defendant’s score on the failure to appear assessment report. Id.

¶ 20 On appeal, the defendant argued that the trial court erred by relying on his attempts to 

evade arrest as a basis for finding that he posed a high risk for willful flight. Id. ¶ 23. The 

reviewing court agreed and stated that:

“when determining under subsection 110-6.1(a)(8) whether the defendant may be detained 

based on ‘a high likelihood of willful flight to avoid prosecution,’ (725 ILCS 5/110-

6.1(a)(8) (West 2022)) the trial court is to consider only ‘intentional conduct with a purpose 
2024 IL App (2d) 240015 

- 8 - 

to thwart the judicial process to avoid prosecution’ as provided in the Code’s ‘willful flight’ 

definition (See id. § 110-1(f)).” Id. ¶ 28. 

The reviewing court explained that, while evading arrest could be viewed as obstructing the 

criminal justice system, it did not reflect a “thwart[ing of] the judicial process to avoid prosecution” 

within the meaning of section 110-1(f) of the Code (725 ILCS 5/110-1(f) (West 2022)), as that 

phrase specifically referred to a defendant’s willful avoidance of prosecution by failing to appear 

in court or engaging in other similar conduct. Sims, 2024 IL App (4th) 231335-U, ¶ 28. The 

reviewing court concluded that the trial court erred in relying on the defendant’s attempts to flee 

from the police in making a threshold determination of whether the defendant posed a high risk of 

willful flight. Id. ¶ 30. 

¶ 21 The defendant also relies on People v. Perez, 2024 IL App (4th) 231335-U. In that case, 

the defendant appealed the trial court’s order granting the State’s petition to detain him on the basis 

that he posed a high risk of willful flight. Id. ¶ 9. In reversing the trial court, the reviewing court 

determined that the trial court had not considered the proper statutory criteria. The reviewing court 

noted that “willful flight” was defined in section 110-1(f) of the Act (725 ILCS 5/110-1(f) (West 

2022)). Id. ¶ 12. The reviewing court further stated:

“Besides this definition, the only other guidance the Code gives to courts for evaluating 

‘willful flight’ is in section 110-3(c), which tells us ‘a nonappearance in court cured by an 

appearance in response to a summons shall not be considered as evidence of future 

likelihood of appearance in court’ for purposes of willful flight risk assessment. 725 ILCS 

5/110-3(c) (West 2022). From these two sections, we glean that courts can only consider 

recurring, uncured failures to appear as evidence for a high likelihood of willful flight under 

the Code. Here the record indicates defendant failed to appear only once, on October 3, 
2024 IL App (2d) 240015 

- 9 - 

2023, yet the court considered it as a ‘condition’ in the willful flight analysis. We hold the 

court improperly considered defendant’s isolated nonappearance as evidence of willful 

flight.” Id.

The reviewing court noted that the trial court was required to first determine whether the defendant 

posed a high likelihood of willful flight and, if the defendant did post such a risk, was then required 

to address whether there were any conditions or combination of conditions that could mitigate the 

risk of willful flight. Id. ¶ 15. The reviewing court thus reversed the trial court’s decision finding 

that the defendant posed a flight risk because the trial court failed to articulate how any of the 

evidence in the case proved that the defendant intended to thwart the judicial process to avoid 

prosecution. Id.

¶ 22 In the present case, we also conclude that there was not sufficient evidence to support the 

trial court’s determination that the defendant posed a high likelihood of willful flight to avoid 

prosecution. Under Sims, the trial court could not consider that the charged offenses included 

conduct involving eluding the police and evading arrest when making a threshold determination 

of whether the defendant poses a high likelihood of willful flight to avoid prosecution. Sims, 2024 

IL App (4th) 231335-U, ¶ 28. Further, the trial court could not consider the one bond forfeiture 

warrant in McHenry County that was quashed because it was later cured. See 725 ILCS 5/110-

3(c) (West 2022); see also Perez, 2024 IL App (4th) 230967-U, ¶ 12. This leaves only the single 

nonappearance in Tennessee in 2009, which also cannot be considered in a threshold determination 

of willful flight. Perez, 2024 IL App (4th) 230967-U, ¶ 12 (courts can consider only “recurring, 

uncured failures to appear as evidence for a high likelihood of willful flight under the Code”). The

final basis articulated by the trial court for its determination of willful flight was that this case 

involved a 25-count complaint and it could foresee someone “not wanting to have to deal with 
2024 IL App (2d) 240015 

- 10 - 

this.” However, to justify pretrial detention, the Act requires clear and convincing proof of specific 

articulable facts of the case, not generalities about the nature or number of the criminal charges. 

See 725 ILCS 5/110-6.1(f)(7) (West 2022) (noting the decisions regarding pretrial detention must 

be individualized); see also People v. Stock, 2023 IL App (1st) 231753, ¶ 18 (“more is required” 

to overcome a defendant’s presumed eligibility for release than to focus on the nature of the 

criminal charge alone).

¶ 23 Moreover, the record includes substantial evidence that the defendant did not pose a high 

likelihood of willful flight to avoid prosecution. The record shows that the defendant had a lengthy 

criminal history in Illinois dating back to 1995. Other than the bond forfeiture warrant, which was 

quashed within a week, the record does not indicate that the defendant ever failed to appear for a

court date in Illinois. Further, the record shows that while in Wisconsin the defendant waived an 

extradition hearing and signed extradition papers, thus evidencing an intent to appear in McHenry 

County to face the charges against him in this case. Finally, the record indicates that the defendant 

had family in McHenry County and that he had lived here for the last 20 years. Accordingly, under 

the circumstances in this case, the trial court’s determination that the defendant posed a high 

likelihood of willful flight was against the manifest weight of the evidence.

¶ 24 In so ruling, we note that the defendant’s second contention on appeal is that the State 

failed to prove that there were no conditions or combination of conditions that could mitigate the 

risk of willful flight, as required by section 110-6.1(e)(1)(3) of the Code (725 ILCS 5/110-

6.1(e)(1)(3) (West 2022)). We agree. While the State’s petition for detention requested certain 

conditions of release should the trial court deny its petition, the State never argued at the detention 

hearing that there were no conditions or combination of conditions that could mitigate the 

defendant’s risk of willful flight. Further, the trial court’s written order did not include a written 
2024 IL App (2d) 240015 

- 11 - 

finding summarizing why less restrictive conditions would not prevent the defendant’s willful 

flight from prosecution as required by section 110-6.1(h)(1) (id. § 110-6.1(h)(1)). Thus, although 

the defendant’s second contention has merit, we need not remand this case for the trial court to 

address conditions of release in light of our holding that the trial court’s threshold determination 

of willful flight was erroneous. 

¶ 25 III. CONCLUSION

¶ 26 For the reasons stated, we reverse the judgment of the circuit court of McHenry County. 

¶ 27 Reversed. 

¶ 28 JUSTICE HUTCHINSON, specially concurring. 

¶ 29 I agree with my colleagues that the detention order in this case must be reversed, but I 

arrive at that conclusion on much narrower grounds. In making its findings, the circuit court said 

very little that was specific to this defendant, and its written order contained no additional 

information. Taking them together, the circuit court’s findings were insufficient to explain 

defendant’s pretrial detention. See People v. Andino-Acosta, 2024 IL App (2d) 230463, ¶¶ 15-20. 

¶ 30 I disagree with the majority’s adoption of the unpublished decisions in People v. Sims, 

2024 IL App (4th) 231335-U, and People v. Perez, 2024 IL App (4th) 231335-U. In my view, 

both decisions are incorrect, as they misinterpret the statutory authority. “Willful flight” is defined 

as “intentional conduct with a purpose to thwart the judicial process to avoid prosecution.” 725 

ILCS 5/110-1(f) (West 2022). The statute goes on to explain how courts may construe prior missed 

court dates, but it does not categorically forbid a court from assessing whether the present offense 

demonstrates a high likelihood of willful flight. If that reading were somehow doubtful, then I 

would turn to the canon that instructs us to avoid absurd results. Here, defendant stated that he 

knew his license was suspended and did not want to be arrested. He then fled from Spring Grove, 
2024 IL App (2d) 240015 

- 12 - 

Illinois to Kenosha, Wisconsin, crossing multiple jurisdictions and endangering himself and 

others. His conduct was egregious, and it is difficult to imagine a more vivid example of conduct 

designed to thwart the judicial process to avoid prosecution. I do not believe the Act required the 

circuit court judge to exclude defendant’s blatant act of willful flight from its consideration. 

¶ 31 Although the State did not proceed on dangerousness grounds, running from the police in 

a motor vehicle is an inherently dangerous act. It is also obvious evidence of willful flight. 

Because I believe the circuit court’s findings were insufficient, I concur in the result, but that does 

not mean the circuit court could not have determined defendant’s detention was justified with a 

more thorough explanation of its reasoning.