Background
Kristopher I. Cross was charged in Kane County in 2023 with, among other offenses, attempted first degree murder after police responding to a domestic incident alleged that he charged at two officers while holding knives. He was released after posting a $100,000 bond, subject to maximum conditions.
While on release, Cross was charged with two counts of aggravated battery of a security officer based on an April 2026 incident at a hospital. The State alleged that, while receiving treatment, Cross attacked hospital security personnel. It sought revocation of his pretrial release under section 110-6 of the Code of Criminal Procedure. The circuit court granted the request and later denied Cross’s motion to reconsider.
The Court’s Holding
The Appellate Court of Illinois, Second District, affirmed. It held that the State presented sufficient evidence that no condition or combination of conditions would reasonably prevent Cross from being charged with another felony or Class A misdemeanor while on release.
The court agreed that Cross’s court appearance was not at issue. But the alleged violent conduct occurred both at his home and while he was seeking hospital treatment during a mental-health crisis. The record contained little information about what triggered his alleged violent outbursts or how they could be controlled. Electronic home monitoring would not address the concern because the most serious alleged incident occurred at home.
The court also held that Cross forfeited his primary argument about a proposed coordinated conditions package because his written motion for relief was missing from the appellate record. To the extent the argument could be inferred from the hearing transcript, it did not establish that release conditions could reasonably prevent further qualifying offenses.
Key Takeaways
- A defendant appealing revocation of pretrial release must provide a complete appellate record, including the written motion for relief required by Illinois Supreme Court Rule 604(h).
- For a defendant already on pretrial release, the State must prove by clear and convincing evidence that no release conditions would reasonably ensure appearance or prevent a subsequent felony or Class A misdemeanor charge.
- Where alleged violent conduct occurred at home and during hospital treatment, the court found that proposed conditions, including home monitoring, would not reasonably prevent another qualifying offense.
Why It Matters
The decision illustrates that a proposed mental-health treatment and supervision plan must be supported by record evidence showing how it would address the defendant’s particular risks. General assurances of treatment, family support, and medication monitoring may be insufficient where the record does not explain the causes of alleged violent episodes or how those measures would prevent them.
This is a nonprecedential Illinois Rule 23(b) order, except in the limited circumstances permitted by Rule 23(e)(1).