People v. Bush
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In 2016, Bush was involved in a neighborhood dispute involving two families that culminated in Bush firing the shots that killed Jones and injured Gulley. Bush was convicted of felony murder, second-degree murder, aggravated battery with a firearm, two counts of mob action, reckless discharge of a firearm, and unlawful possession of a weapon by a felon.
The appellate court reversed the aggravated battery with a firearm conviction, vacated the jury’s finding of guilty of reckless discharge of a firearm, and affirmed the convictions and sentences of felony murder and unlawful possession of a weapon by a felon. The Illinois Supreme Court affirmed, rejecting Bush’s arguments that the prosecution did not prove that he engaged in the predicate felony of mob action; that mob action could not serve as the predicate felony for felony murder because there was no “independent felonious purpose”; and that the court erred in denying his motion in limine to admit a rap video to establish prior inconsistent statements by a witness and in allowing a juror to remain on the jury after the juror revealed an implied bias. The jury could rationally infer that Bush was actively engaged in carrying out a common plan to use force or violence to avenge an earlier beating.
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