Public forum questions law, teen felony charges

By Gregory Hatutunian For Chronicle Media

Erica Annie addresses the forum audience, as Chloe Pollion listens. Both are mothers to teenage defendants charged as adults for murder. (Photo by Gregory Harutunian/for Chronicle Media)

A public forum directly related to five teenagers, recently charged as adults for murder in Lake County, brought more than 125 people to the downstairs meeting room of the Shiloh Baptist Church on Sheridan Road in Waukegan.

The Sept. 12 gathering featured a panel discussion and was highlighted by mothers of several charged teens: Chloe Pollion, mother of 16-year-old Kendrick Cooper, and Erica Annie, the mother of 18-year-old Diamond Davis, 17-year-old Stacy Davis, and 17-year-old Steven Davis.

At issue was a “blanket” charge of first degree murder for five teenage defendants by Lake County State’s Attorney Michael Nerheim, making them stand trial as adults, in lieu of lesser charges for their alleged criminal actions. Also taken to task was the April 19 passage of House Bill 1615, an amendatory legislation.

The Springfield-based Sentencing Policy Advisory Council cited that it “amends the first-degree murder statue 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, consistent with the current laws, both primary and accountable defendants would face first-degree murder sentencing.”

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 charged at him, and appeared to be holding and 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.

The forum panel listens to an audience member during an open discussion on House Bill 1615, during the Aug. 12 gathering. (Photo by Gregory Harutunian/for Chronicle Media)

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 another. Gurnee Fire Chief John Kavanagh said emergency responders rendered first aid for about 10 minutes, and transported him to a nearby hospital, where he was later pronounced dead. The vehicle left the area, leading law enforcement agencies in pursuit to Chicago, where the five occupants were apprehended.

An Aug. 15 statement issued by Lake County State’s Attorney Michael Nerheim stated he conferred with county sheriff’s detectives to review the facts, and first degree murder charges were approved.

“I made the tough decision to charge the offenders with felony murder for their role in this incident … charging these offenders with felony murder as adults is based entirely on the law.”

The five defendants named in the felony counts are: Curtis M. Dawson, 16, of the 7800 block of South Oglesby, Chicago; Steven D. Davis, 17, of the 5700 block of South Bishop, Chicago; Stacy Davis, 17, of the 5700 block of South Bishop, Chicago; Kendrick Cooper, 17, of the 5000 block of South Dr. Martin Luther King Jr., Chicago; and Diamond Davis, 18, of the 5700 block of South Bishop, Chicago.

The forum, hosted by Keith and Veronica Williams, was largely informational with a direct “call to action” in seeking to change the law, and assist the five teenagers.

“I got involved with these aspects of the criminal justice system because I have been personally impacted and see how it affects children coming in conflict with the law,” said Veronica Williams. “I was compelled to do something … educating, providing information awareness, and empowering our community.”

Erica Annie is the mother of the mother of 18-year-old Diamond Davis, 17-year-old Stacy Davis, and 17-year-old Steven Davis. (Photo by Gregory Harutunian/for Chronicle Media)

Attorney Jed Stone, who represents Dawson, said, “There are too many guns in the hands of too many people … enough is enough. Guns were made for one reason … killing. Evidence is needed for a charge. You have a 16-year-old boy charged with a felony and facing 20-60 years in prison, at 100 percent of the sentence. It would be horrible if he had committed the crime, however the state alleges that because the one young man was killed by a homeowner, the law says the others can be charged with murder even if he did not cause it.

“Also, these are not adults who can make a decision and applying a felony murder rule to children is an abomination,” he said. “My goal … is to speak with the state’s attorney, and drop these cases in favor of juvenile court. Help them return to useful citizenship.”

Attorney LaTonya Burton, and licensed counselor Adrienne Price, both delved into adolescent decision-making and the reasons behind actions that led the teenagers to Old Mill Creek. “There is childhood trauma, no mother or father, they are bullied … they don’t know how to ask, or how to even figure things out. They end up incarcerated,” said Price. “They emulate what they see, and no one is thinking about their mental health. Let’s say they are in the juvenile system, who goes to them to get them some counseling, especially if they are brown-skinned?”

Anthony McIntyre, of Switch Lanes, noted, “The biggest problem is the system being set up for traps. It gets the young, as they go, and loading up the institutions is profitable. Ignorance of the law is no excuse … the more ignorant, the more vulnerable. Some laws are not made to benefit you, but can be if you are aware. Is it circumstance that pushes someone in a certain direction? I need to protect my kids. How? Becoming more informed on the law.

“Another fallacy is the school resource officer, an actual police officer in the school,” he said. “Should there be an incident, he or she is allowed to sit in on the administrative meeting. The SRO can charge the child, if they feel so. Where is their representation? You are entitled to representation, even in a traffic stop situation.”

Chloe Pollion is the mother of 16-year-old defendant Kendrick Cooper. (Photo by Gregory Harutunian/for Chronicle Media)

Sara Krinhznik, of Illinois Gun Violence Prevention, said, “If we want change, we have to get to know one another, create the relationships that will help make coalitions.” Betsy Clarke, of the Juvenile Justice Initiative, proffered that a revolution needs to be started, along with a re-imagining of juvenile justice.

The two mothers, who drove from Chicago to be at the forum, were applauded and addressed the audience on behalf of their children and advocacy in changing the law.

Annie, speaking afterwards, said, “I just want people to protect our kids, (they) need to grow and not be charged as adults for things that can change their lives … forever. He (the state’s attorney) could have charged them with anything, and given them a chance to grow. This is not right. You are taking away their childhood and their adulthood. I hope we can meet him and just talk.”

Pollion, also added, “My takeaway is that I see people really fighting for our kids to come home, and I feel the bill needs to be re-written … there’s a lot of factors. Foremost, I want teens caught up in the system under this bill, just for someone to go back and look at what caused them to do it. I’m very grateful for the people at this community meeting that have come to support us.”

Although many feel lesser charges were deserved, they are at the discretion of the county state’s attorney, and some audience members questioned whether it was an “election time” ploy. In Nerheim’s Aug. 15 statement, he maintained, “The teens were charged due to them being in commission of a forcible felony, when the 14-year-old victim was shot and subsequently died as a result of being shot during the commission of a burglary.”

Also attending the session was Eric Rinehart, a private practice attorney and democratic candidate for Lake County State’s Attorney in the March 19 primary election.

“I continued to hear a lot of pain and concern over these charges,” he said. “People should continue to ask questions about the process within the prosecutor’s office that led to these charges initially.”

Nerheim has declined further comment on the issue, in ending his statement.