People v. MurrayAnnotate this Case
Murray was convicted of first-degree murder (720 ILCS 5/9-1(a)(2)) and unlawful possession of a firearm by a street gang member (section 24-1.8(a)(1)). He was sentenced to consecutive terms of 50 years and 10 years respectively. The appellate court affirmed defendant’s conviction, rejecting an argument that the state failed to prove that the Latin Kings are a “street gang” as defined by the Illinois Streetgang Terrorism Omnibus Prevention Act, 740 ILCS 147/10, finding that a detective’s testimony about the organizational structure of street gangs in general, and the Latin Kings in particular, and that the Latin Kings are a street gang within the meaning of Illinois law was sufficient. The Illinois Supreme Court reversed. The prosecution did not present evidence that established the elements codified in the statute. There was no “course or pattern of criminal activity” testimony that the Latin Kings were involved in two or more gang-related criminal offenses; that at least one such offense was committed after January 1, 1993; that both offenses were committed within five years of each other; and that at least one offense involved the solicitation to commit, conspiracy to commit, attempt to commit, or commission of any offense defined as a felony or forcible felony.