Chicago Gang Shooting

"Chicago Gang Shooting"

Alvin Toney v. Howard A. Peters III

United States Court of Appeals

November 8, 1994

Analysis:

Upon first appearance this case seems open and shut. There is a dispute, man

takes justice into his own hands. Case over. But what charge does he deserve for his

actions? To prove murder, the state will have to prove three provisions of the rule.

First they will have to prove that the defendant was the actual person who performed

the acts that killed Lindsey Williams. Second, they will have to prove that through his

actions he intentionally meant to kill, or perform great bodily injury to the victim.

Third they will have to prove that the aggressor had no reason to use deadly force

toward the victim, and that there was no just cause for self defense.

Also, the possibility of an attempted murder claim? Did the defendant shoot

the victims in specific capacity to commit murder? Or was he shooting to harm, or

stop a threat? Was he justified in trying to stop a deadly threat, or threat of bodily

harm?

So were the rules to the claim of murder met? First, was a human being killed?

Yes Lindsey Williams was killed inside the Chicken Shack by a single 32-caliber gun

shot would to the right side of his head. Secondly, was the killing unlawful? In order for a

killing to be deemed lawful a reasonable threat of death or bodily harm must be present.

At no time in any testimony was it stated that Toney had any reason to believe that his life

was in danger. He told prosecutors that he believed the 3 men in the booth would be

carrying weapons, and that he "didn't want to be shot in the back," but at no time did the

victims show a weapon to the defendant. The only threatening gesture made to Toney was

the promise of a fight if he wanted