Illinois Supreme Court considering impact intoxication has on decision making

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[September 16, 2023]  By Andrew Hensel | The Center Square

(The Center Square) – Illinois' highest court is reviewing a criminal case to determine if someone's level of intoxication plays a role in their intentions.

TCS Cristina Law Merriman, assistant appellate defender at the Illinois Office of the State Appellate Defender

Cristina Law Merriman, assistant appellate defender at the Illinois Office of the State Appellate Defender - BlueRoomStream

The Illinois Supreme Court Thursday heard the case of Santana Grayer. Grayer was convicted of vehicular hijacking in 2022, following his arrest in 2020. The case alleged Grayer grabbed a Lyft driver and threatened to kill them while driving him home from a party.

According to court documents, the Lyft driver told the defendant he could not drive the vehicle. The defendant then "got mad," grabbed the driver's shirt at his right shoulder, and threatened to kill him. While grabbing his shoulder with his left hand, Grayer reached his right hand toward his waist, leading the driver to believe he had a weapon. The driver then pulled over to a gas station and called police.

In 2022, Grayer was found guilty and sentenced to five years in prison as the lower court discounted his intoxication while determining his intent.

Cristina Law Merriman, Grayer's attorney, said the court is wrong in holding that belief.

"In reviewing the sufficiency of the evidence, the appellate court incorrectly found that Mr. Grayers' voluntary intoxication was not relevant to the element-specific intent due to the 2002 amendment to section 6.3 of the criminal code," Law Merriman said. "The appellate court majority was wrong."

Grayer thought he was being driven in the wrong direction because he was under the influence, Law Merriman said.

"At Mr. Grayer's bench trial, the state's evidence showed that Mr. Grayer was intoxicated at a social gathering. The people he was with responsibly ordered a Lyft to take him home," Grayer said. "During that Lyft, Mr. Grayer drunkenly thought he was being driven in the wrong direction."

She said due to Grayer's intoxication, he did not know fully know what he was doing.

"Mr. Grayer waited at that gas station for 20 minutes, appearing to actually wait for the Lyft driver perhaps to complete the ride," Law Merriman said.

The Illinois Supreme Court now has the issue under advisement.

 

 

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