Lake Co. state’s attorney drops murder charges against five teens

By Gregory Harutunian For Chronicle Media

More than 125 people attended a Sept. 12 panel forum to discuss an amendment law allowing teens to be charged as adults in extreme cases. (Photo courtesy of the Lake County Sheriff’s Department)

Felony murder charges against five teenagers have been dropped, according to a Sept. 19 statement issued by Lake County State’s Attorney Michael Nerheim, following an agreement with their defense counsels and “full consideration of all the evidence … as well as wishes of the victim’s family.”

The actions which arose from an Aug. 13 attempted car theft in Old Mill Creek, resulted in the death of 14-year-old Jaquan Swopes.

In lieu of the murder charges, 18-year-old Diamond Davis was cited for a Class 4 felony of conspiracy to commit burglary, and Class A misdemeanor for criminal trespass to a motor vehicle. As per the accord, she will waive her right to a preliminary hearing and plead guilty to both charges. After the guilty plea is entered, a sentencing hearing will be scheduled in the Lake County Circuit Court.

The agreement also remands the cases of the other four defendants to the Lake County Juvenile Court for disposition. Their names were released, when murder charges were entered, although further information will be sealed.

In his statement, Nerheim said, “Let me begin by saying the safety of our community and the enforcement of criminal laws is paramount. Justice requires that all offenders be held accountable and appropriately sentenced for their crimes. The circumstances and facts … support the charge of felony murder. However, after full consideration … this agreement ensures all offenders will be held responsible and face appropriate sentences.”

According to case reports, Lake County Sheriff’s Department personnel received a dispatch call at 1:15 a.m. Aug. 6, from a residence in the 17600 block of Old Mill Creek concerning a vehicle theft. The 75-year-old homeowner stated he saw people trying to break into his car and called for them to stop. One of the people allegedly charged at him, and appeared to be holding an object. He fired a weapon three times, and 14-year-old Jaquan Swopes was struck in the head. A Bowie knife was allegedly recovered at the scene.

A few minutes later, a black 2015 Lexus SUV, later identified as stolen, approached Gurnee Police officers at the intersection of Hunt Club Road and Grand Avenue, attending to a vehicle crash. A passenger exited and requested medical assistance for Swopes. Gurnee Fire Chief John Kavanagh said emergency responders later rendered first aid for about 10 minutes, and transported him to a nearby hospital, where he was pronounced dead.

 

The vehicle left the area, leading law enforcement agencies in pursuit to Chicago, where the five occupants were apprehended.

“I believe the charges are fitting for the crime and no murder charges should ever have been filed,” said Clyde McLemore, the founder of Black Lives Matter, Lake County Chapter.

“I also think there should be a full investigation into the shooting, as there are conflicting stories out there,” he said. “I commend the Lake County State’s Attorney’s Office in reversing these charges but they also should have done a more thorough investigation

Democratic candidate for county state’s attorney, Eric Rinehart, said, “There are more questions than answers about this important case. Our community has always questioned this rush to judgment, and we were right. But not all cases received this type of media attention or public scrutiny. Thankfully, it appears that public pressure from our community has caused the office to retreat.”

Rinehart faces incumbent Republican Nerheim in the upcoming March 17 primary election.

The change in criminal charges also comes in the wake of a Sept. 12 public forum discussing the April 2019 signing of House Bill 1615, which amended “the first-degree murder statute to separate felony murder into cases where the person causes death while committing a forcible felony other than second degree murder, and cases where the other parties to the forcible felony cause the death.” The panel discussion also questioned its application to the five teenagers in Lake County.

“This law should change, and we as citizens of Illinois, should stay on top of our legislators to change this law and prevent its inequitable use,” said McLemore.

Although many of the 125-plus attendees and panel members concurred that lesser charges were deserved, and it was possibly an “election ploy,” the felony murder charges were at the discretion of the county state’s attorney. In his Sept. 19 statement, Nerheim said, “The dilemma I have faced for the last five weeks … has been balancing justice, the safety of our community, and recognizing the ages of the offenders involved.

“It is important to note that I make decisions based on the law, the evidence and facts of each individual case. I do not make charging decisions based on public comments or from what is written on social media … . Based on the facts we had at the time … I determined the most appropriate charge was felony murder. And to be clear … according to the statutes does fit the crime committed,” he said.

“However, as state’s attorney, I exercised discretion in this case … . It is time for these offenders to understand the seriousness of their actions and face the consequences. My hope is they will learn from this tragedy, and … take this opportunity to be rehabilitated.”