A millionaire gang banger must endure the punishment he’ll receive in Cook County after an appeals panel ruled that his trial in federal court for possession did not address the discharging of the weapon used when he shot a man in Irving Park. The 2015 incident came six years after Thaddeus Jimenez won a $25 million settlement for a wrongful conviction that put him away for more than a lifetime before a witness recanted. He sought to dismiss a number of state-level offenses in the shooting of Earl Casteel on grounds of double jeopardy after pleading guilty in federal court to the felony weapons charge.
In siding with the circuit court ruling, the appeals panel said different standards of proof nullified section 3-4(c)((1) of the Criminal Code, which protects those charged from being tried twice for the same crime. Jimenez claimed the 110-month sentence he received for felony possession in federal court absolved him from the string of charges, including attempted murder, he faces in Cook County. Jimenez recieved his payout after spending 16 years in jail following a wrongful conviction for murder at age 13.
A caveat of the 5th Amendment to the US Constitution, double jeopardy applies when the factual proofs necessary in one prosecution are required another. Citing that definition, the appellate panel ruled out Jimenez claim that his federal priors mooted the state’s case. The DuPage County Criminal Defense Attorneys at The Chicagoland Law Firm represent clients in federal court, including in conviction appeals. To learn more about the services we provide, contact our offices in Downers Grove and downtown Chicago for a free consulation with a member of our experienced team of legal professionals. We are your best defense.