Reckless Homicide Charges Against Bobby Cann Defendant Dismissed

The reckless homicide charges against Ryne San Hamel have been dismissed by Judge William Hooks, although without prejudice (meaning that they could be refiled).

http://chicagoist.com/2015/07/29/alleged_drunk_driver_who_killed_cy...

I'd bet a lot that those charges won't be refiled, even though beefing up the language of the indictment would be all that is required.  I see apologists on other blogs trying to say that the dismissal of these charges doesn't matter, since other charges with equal or greater penalties still stand.

I disagree.  Each charge in a criminal case carries different elements of proof.  Reckless homicide, when it involves a vehicle, is defined as unintentionally killing an individual without lawful justification.  DUI-related charges, of course, require proof beyond a reasonable doubt that the individual was driving under the influence.  You could be found not guilty of DUI-related charges and still be found guilty of reckless homicide, but not if the state allows the reckless homicide charge to vanish.

If you allow the reckless homicide charge to go by the wayside, there are at least two effects:  first, it means that if the defendant somehow beats the DUI charge, he does not have to deal with the reckless homicide charge; and secondly, the state no longer has the leverage of the reckless homicide charge in plea-bargaining with the defendant.  Without question, the absence of the reckless homicide charge weakens the state's position.  In this case, it would more than likely be possible to replead the reckless homicide charge so that doesn't happen.  However, I'll wager right now that the state's attorney in this case won't do so.  (I'd be most happy to be proven wrong.)  Why?  Because with the reckless homicide charge gone, the state and court can much more easily justify a plea bargain involving no prison time for the defendant.  Letting the reckless homicide charge die will be an important step towards that.  It hurts the state's case and makes probation more justifiable.  I am highly skeptical of any other explanation.  

 

 

 

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Permalink Reply by Bob Kastigar on August 6, 2015 at 6:46am

This e-mail is to inform you that there is an upcoming court event involving the defendant Ryne Sanhamel and case number 13CR1355001.

A hearing has been scheduled for 8/11/2015 at 10:00 AM. This will take place in Circuit Court 127, located at the following address: 2600 South California Ave, Chicago, IL .

Please be aware that there are often multiple cases set on a particular date in this court. The case you are involved in may not be reached on the scheduled day. You may want to check for updates to this information by periodically calling the VINE service or visiting www.vinelink.com.

For more information, contact the county clerk's office.

Thank you,

Cook County Automated Victim Notification System

Permalink Reply by Bob Kastigar on August 7, 2015 at 3:58pm

Transcript from the hearing where this charge was dismissed:

http://homepages.neiu.edu/~rkastig1/Hearing07-24-15.pdf

Permalink Reply by SixtyTwoPercent on August 8, 2015 at 1:40am

Thank you for this post, Jim.

I would love to hear dissenting viewpoints, if for no other reason than to open a dialogue on this and keep this in the forefront of news.

Permalink Reply by Bob Kastigar on August 9, 2015 at 9:04am

Thanks, Jim, for your post, your explanation and opinion.  I strongly agree with you. 

If the States Attorney, Anita Alvarez, lets this go away and the reckless homicide charge isn't re-filed then a plea bargain with no prison time could be more acceptable to the defense and the court. 

If not another petition, we should send an email deluge before Tuesday.

statesattorney@cookcountyil.gov

Permalink Reply by David Barish on August 10, 2015 at 1:37am

The defense wanted to know what San Hamel's reckless act was. This was apparently not stated in the indictment. The State needs to specify which actions of San Hamel were reckless. That should not be difficult and if the State cannot do that they deserve to lose that count. If they don't try to  do so I don't think they are doing their job. 

Permalink Reply by Bill Nedza on August 10, 2015 at 4:40am

Per Jason Jenkins of the ATA:

This is a reminder and special plea to attend next Tuesday's hearing on 8/11. We have received a strongly worded message that it will be a very important hearing and your presence will be extremely valuable in court. I don't know the exact content of the hearing, but I believe it may be dealing with the motion to quash the warrant to draw the blood of the driver for the Blood Alcohol Content test. If you have been meaning to attend but haven't been able to make it now would be a great opportunity to support and make an impact. So please come. 

 

If you need a ride or are able to assist others in getting to court or are unsure about how to get to court please let me know and I will assist in any way possible.

 

The hearing is at:

Cook County Criminal Courts

2650 South California

Rm 301, 3rd floor

Tuesday, August, 11th

10am

 

Important Details:

Please arrive extra early, by 9:00-9:15 if possible to get through security and to get as many seats as possible. Seating is limited and there will be other attendees for other cases to contend with. 

If possible leave your cellphone at home or tucked out of site in your vehicle, you will not be allowed to bring it through security. (There are coin-op lockers available for storing cell phones but availability is limited).

 

If you are driving there is a parking garage directly across from the court building, it is free if you tell the attendant you are a courtroom advocate. Please let me know if you are driving and have room to give others a ride. There is a Pink Line stop at California and 21st and a DIVVY station as well as a DIVVY station right in front of court. The #94 California Bus also stops right in front of the court building and runs very regularly. So there are many ways to get to the location. 

 

Also please bring a bike helmet if possible to identify yourself as being in support of the victim.

 

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