2024 IL App (1st) 240720-U

No. 1-24-0720B 

Second Division

August 9, 2024 

NOTICE: This order was filed under Supreme Court Rule 23 and is not precedent except in the 

limited circumstances allowed under Rule 23(e)(1).

____________________________________________________________________________ 

IN THE

APPELLATE COURT OF ILLINOIS

FIRST DISTRICT

____________________________________________________________________________ 

THE PEOPLE OF THE STATE OF 

ILLINOIS, 

 Plaintiff-Appellee, 

 

 v. 

DARRIUS HAYDEN

 Defendant-Appellee.

) Appeal from the

) Circuit Court of

) Cook County.

) 

) 

) No. 241101735 

) 

) 

) Honorable 

) Charles Beach

) Judge, Presiding. 

____________________________________________________________________________

JUSTICE COBBS delivered the judgment of the court.

Presiding Justice Howse and Justice Ellis concurred in the judgment.

ORDER

¶ 1 Held: The circuit court’s order denying defendant’s pretrial release is affirmed.

¶ 2 Defendant Darrius Hayden appeals from an order of the circuit court denying him pretrial 

release under article 110 of the Code of Criminal Procedure of 1963 (725 ILCS 5/art. 110 (West 

2022)), as amended by Public Act 101-652, § 10-255 (eff. Jan. 1, 2023), commonly known as the 

Pretrial Fairness Act. In particular, defendant contends that the State failed to carry its burden of 
No. 1-24-0720B 

- 2 - 

proving by clear and convincing evidence that (1) the proof is evident or the presumption great 

that he committed the charged offense; (2) he poses a real and present threat to the safety of any 

person or the community, based on specific, articulable facts of the case; and (3) no condition or 

combination of conditions on his pretrial release could mitigate this threat. For the reasons that 

follow, we affirm. 

¶ 3 I. BACKGROUND

¶ 4 On March 14, 2024, defendant was arrested and charged with the unlawful use of a weapon 

by a felon (720 ILCS 5/24-1.1(a) (West 2022)). The State filed a petition for pretrial detention on 

March 15, 2024, citing that defendant posed a real and present threat to the safety of any person 

or the community. 

¶ 5 The case proceeded to a detention hearing, where the State gave the following proffer. Just 

after 4 p.m. on March 14, 2024, an unidentified person called 9-1-1 and reported that someone had 

pointed a gun at him in the parking lot of a Jewel-Osco grocery store. The caller described the 

suspect as a black man with dreadlocks who was dressed in all black with a gun on his hip. 

¶ 6 As responding officers headed toward the Jewel-Osco, they were informed by other 

officers that a POD camera showed someone matching the suspect’s description “less than a block 

away” from the store. The responding officers made contact with defendant at that location and 

discovered that he had a loaded Glock handgun tucked into his waistband on his right hip. 

Defendant admitted to the officers that he did not have a Firearm Owners Identification Card or a 

concealed carry license. 

¶ 7 The State further proffered that defendant had previous felon convictions for attempted 

residential burglary and aggravated unlawful use of weapon. Defendant also had a pending charge 

of unlawful use of a weapon by a felon, for which he was on pretrial release at the time he was 
No. 1-24-0720B 

- 3 - 

arrested in this matter. The State further proffered that defendant was on federal probation for 

“transporting firearms” at the time of his arrest, though the defense maintained that the probation 

was successfully completed and terminated early in January 2024. 

¶ 8 For its part, the defense presented a different version of the events leading to defendant’s 

arrest. According to defense counsel, defendant was working at the Jewel-Osco, where he was 

employed as a manager in the meat department, when he discovered the gun in the bathroom. He 

took the gun and was walking to “safely surrender that weapon at the police station” when he was 

stopped by police. He denied pointing the gun at anyone, and noted that the only evidence to the 

contrary was the word of the anonymous 9-1-1 caller.

¶ 9 Defense counsel further argued that, regardless of how he came into possession of the gun, 

defendant did not pose a danger to the community because he had a nonviolent background, was 

gainfully employed, and was in a stable relationship with his girlfriend, who was present in court 

to support him. Counsel also argued that defendant had shown he could comply with conditions 

on release because he had successfully completed his federal probation and had only one failure 

to appear, which was in a misdemeanor case from 2012. 

¶ 10 After hearing from the parties, the circuit court granted the State’s petition for pretrial 

detention. In so ruling, the court opined that the proof was evident that defendant committed the 

charged offense because the police discovered a gun on his person and there was no dispute that 

he had previous felony convictions. 

¶ 11 As to whether defendant posed a danger to the community, the court acknowledged that 

defendant’s criminal history was “primarily nonviolent,” but also noted that defendant had 

multiple cases involving firearms. The court stated that “it begs the question why does an 

individual who knows they cannot carry a weapon continue to carry a weapon. And the only reason 
No. 1-24-0720B 

- 4 - 

I could think of when it’s time and time again is some nefarious purpose, which is a violent act of 

some kind.” The court also considered that defendant was alleged to have pointed the gun at the 

9-1-1- caller. Based on these circumstances, the court found that defendant posed a real and present 

threat to the safety of the community. 

¶ 12 Finally, the court found that no condition or combination of conditions on release would 

mitigate that threat. The court explained that defendant “may or may not be on federal probation,” 

but, in any event, he had already violated his pretrial release for a pending gun case by being 

arrested for this matter. Ultimately, the court stated that “any form of pretrial release, whether it 

be [electronic monitoring] or curfew or any of those things” would not “stop [defendant] from 

continuing to violate the law.” Accordingly, the court ordered defendant be detained. 

¶ 13 This appeal followed. 

¶ 14 II. ANALYSIS

¶ 15 Under recent amendments to the Code of Criminal Procedure, all defendants are presumed 

eligible for and entitled to pretrial release. 725 ILCS 5/110-2(a) (West 2022). However, that 

presumption can be overcome, and a defendant may be denied pretrial release, upon the State’s 

petition in certain circumstances. Where the State files a petition to deny pretrial release based on 

the defendant’s alleged dangerousness, the State must prove by clear and convincing evidence that 

(1) the proof is evident or the presumption great that the defendant committed a detainable offense; 

(2) the defendant poses a real and present threat to the safety of any person or the community, 

based on specific and articulable facts of the case; and (3) that no condition or combination of

release conditions can mitigate that threat. Id. § 110-6.1(e)(1-3). Clear and convincing evidence is 

the “ ‘quantum of proof that leaves no reasonable doubt in the mind of the fact finder about the 

truth of the proposition in question.’ ” In re Tiffany W., 2012 IL App (1st) 102492-B, ¶ 12. It is 
No. 1-24-0720B 

- 5 - 

considered more than a preponderance of the evidence, but less than is required to convict a 

defendant of a criminal offense. Id. 

¶ 16 The applicable standard of review for pretrial release orders remains unsettled by our 

supreme court. The topic has been the subject of considerable debate among the districts of the 

appellate court, as well as different divisions of the First District. People v. Lee, 2024 IL App (1st) 

232137, ¶ 21. Some appellate decisions have reviewed all aspects of pretrial detention hearings for 

an abuse of the circuit court’s discretion (see, e.g., People v. Whitmore, 2023 IL App (1st) 231807, 

¶ 18), while others have used a manifest weight of the evidence standard (see, e.g., People v. Stock, 

2023 IL App (1st) 231753, ¶ 27). Still others have adopted a mixed approach where (1) whether 

the defendant committed a detainable offense or posed a real and present danger are reviewed 

against the manifest weight of the evidence, but (2) the court’s ultimate decision on whether to 

detain the defendant is subject to abuse of discretion review. See, e.g., People v. Parker, 2024 IL 

App (1st) 232164, ¶¶ 48-50. In addition, one justice has advocated for a de novo standard, at least 

where the circuit court hears no live testimony and relies solely on documentary evidence. People 

v. Saucedo, 2024 IL App (1st) 232020, ¶ 122 (Ellis, J., specially concurring). However, it is 

unnecessary to resolve the standard of review for this case, as we would reach the same decision 

under any standard.

¶ 17 Turning to the merits, defendant first argues that the State did not show that the proof was 

evident or the presumption great that he committed the charged offense. In particular, defendant 

notes that the only evidence that he pointed the gun at someone came from the anonymous 9-1-1 

caller, and the caller’s claim was not corroborated by any other witnesses or video evidence. 

Defendant also notes that the caller gave only a general description of the suspect as a black man 

with dreadlocks dressed in all black. Finally, defendant denies pointing the gun at anyone and has 
No. 1-24-0720B 

- 6 - 

supplied his own explanation as to why he had the gun, an account he says is “supported by the 

fact that he is employed at that Jewel Osco location.” 

¶ 18 However, as the State points out, whether defendant pointed the gun at someone in the 

Jewel-Osco parking lot or whether he was merely on his way to turn it in at the police station is 

largely irrelevant to whether he committed the offense of the unlawful use of weapon by a felon. 

Under any version of events, defendant’s conduct satisfied the basic elements of the offense, i.e, 

that he was (1) a felon and (2) in possession of a firearm. See 720 ILCS 5/24-1.1(a) (West 2022). 

Notably, the offense does not require the defendant to brandish a gun or point it at another person. 

Id. Thus, while defendant may or may not have an available defense at trial, the circuit court did 

not err in determining that the proof was evident or the presumption great that defendant committed 

the charged offense. 

¶ 19 Defendant also argues that the State did not prove he posed a real and present threat to a 

specific person or the community. For support, he emphasizes his “nonviolent background” and 

“mid-level” scores on his pretrial services assessment. He also asserts that he is “very optimistic” 

about the resolution of his pending case for unlawful use of a weapon by a felon.

¶ 20 For the dangerousness element, the exact nature of defendant’s offense becomes more 

important. As discussed, the parties agree that defendant is a felon who was found in possession 

of a firearm approximately one block away from where an anonymous 9-1-1 caller reported that 

someone matching defendant’s description pointed a gun at him. Although defendant denies 

pointing a gun at anyone, the circuit court was not required to accept his version of events. 

Regardless of the level of deference owed to the circuit court’s factual findings, we agree with the 

circuit court that defendant’s account is “a bit absurd.” It seems highly unlikely that defendant 

would take it upon himself to return a lost firearm to the police station when he could not legally 
No. 1-24-0720B 

- 7 - 

possess a firearm, was on pretrial release for a pending firearms case, and was either on or had just 

completed probation in a third firearms case. The much more natural explanation of the facts is 

that defendant pointed the gun at the 9-1-1 caller and was quickly discovered in the area with the 

gun on his hip. From these facts, and defendant’s history of illegally possessing firearms, we agree 

with the circuit court’s finding that defendant presented a real and present danger to the 

community. 

¶ 21 Finally, defendant argues that the State failed to prove that no condition or combination of 

release conditions would be sufficient to mitigate any danger he posed to the community. 

Defendant contends that he has demonstrated an ability to comply with release conditions by 

successfully completing his federal probation. He also asserts that he only has one failure to appear, 

which was from 2012, and that the State did not establish why he could not be placed on electronic 

monitoring. 

¶ 22 We disagree. As the circuit court explained, regardless of the status of his federal probation,

defendant’s unlikeliness to abide by release conditions is demonstrated by the fact that he was 

already on pretrial release for a pending firearms case at the time of his arrest in this matter. None 

of the arguments raised by defendant overcome this point. Thus, we cannot say that the circuit 

court erred in finding no condition or combination of release conditions would be sufficient. 

¶ 23 III. CONCLUSION

¶ 24 For these reasons, the judgment of the circuit court is affirmed. 

¶ 25 Affirmed.