The Illinois Supreme Court has declined to hear criminal defendant Demontez Spruill’s appeal challenging the Fifth District Appellate Court’s order denying pretrial release for weapons violations
Spruill appealed the Feb. 2 ruling reversing Madison County Associate Judge Ryan Jumper, finding he abused his discretion when he ordered the release of Spruill.
The Illinois Supreme Court denied the appeal on April 15.
Fifth District Justice John Barberis authored the opinion, stating that the “defendant is not only willing to legally possess firearms but is equally willing to illegally use firearms.”
“Defendant’s current charges and past criminal convictions demonstrate a dangerous willingness to ignore the law and previously ordered restrictions,” he wrote.
Justices Randy Moore and Mark Boie concurred in the ruling.
The appellate court concluded that the manifest weight of evidence supported a finding that a legislative presumption in favor of release until trial did not apply to Spruill.
According to the appellate court’s ruling, Alton police responded to a report of reckless driving on Nov. 11, 2023. Officers located Spruill’s vehicle and saw him sleeping at the wheel with the motor running. Officers also found a loaded handgun in a bag across Spruill’s body.
Spruill had just finished parole on convictions for a drug offense, aggravated unlawful use of a weapon, and aggravated discharge of a firearm at an occupied vehicle.
Madison County State’s Attorney Tom Haine charged Spruill with aggravated unlawful use of a weapon, an armed habitual criminal and a felon possessing a weapon on Nov. 13. He filed a petition to deny pretrial release, arguing that Spruill committed a detainable offense and posed a real and present threat to the safety of others.
Public defender Jack Daugherty argued at a detention hearing on Nov. 16 that Spruill was cooperative and allowed police to disarm him. He argued that while Spruill wasn’t supposed to carry a firearm, he belonged to a class of individuals who believe they require a weapon in order to defend themselves.
He added that Spruill was allegedly injured in the past after being caught in crossfire.
Jumper relied on a presumption that everyone is eligible for pretrial release under the SAFE-T Act, which eliminated cash bail.
He granted pretrial release but told Spruill that he was not allowed to possess a firearm due to his criminal record. Jumper also instructed Spruill to abide by all requirements and restrictions of prior convictions.
Haine appealed, arguing that Spruill possessed a firearm when he wasn’t legally allowed to and could use it. He also argued there was no indication that Spruill would stop carrying a loaded firearm.
The appellate court agreed.
Barberis also included a footnote stating the docket showed that Spruill had a warrant out for his arrest for allegedly damaging gravestones, which is a felony.