{ "id": 4292849, "name": "In re GREGORY G., a Minor (The People of the State of Illinois, Petitioner-Appellee, v. Gregory G., Respondent-Appellant)", "name_abbreviation": "People v. Gregory G.", "decision_date": "2009-12-09", "docket_number": "No. 2\u201408\u20140120", "first_page": "923", "last_page": "931", "citations": [ { "type": "official", "cite": "396 Ill. App. 3d 923" } ], "court": { "name_abbreviation": "Ill. App. Ct.", "id": 8837, "name": "Illinois Appellate Court" }, "jurisdiction": { "id": 29, "name_long": "Illinois", "name": "Ill." }, "cites_to": [ { "cite": "378 Ill. App. 3d 252", "category": "reporters:state", "reporter": "Ill. App. 3d", "case_ids": [ 4275386 ], "weight": 3, "year": 2007, "pin_cites": [ { "page": "259" }, { "page": "258" } ], "opinion_index": 0, "case_paths": [ "/ill-app-3d/378/0252-01" ] }, { "cite": "211 Ill. 2d 192", "category": "reporters:state", "reporter": "Ill. 2d", "case_ids": [ 8451281 ], "year": 2004, "pin_cites": [ { "page": "213", "parenthetical": "\"the fact that defendant is 'probably' guilty does not equate with guilt beyond a reasonable doubt\"" } ], "opinion_index": 0, "case_paths": [ "/ill-2d/211/0192-01" ] }, { "cite": "199 Ill. App. 3d 1062", "category": "reporters:state", "reporter": "Ill. App. 3d", "case_ids": [ 2467085 ], "year": 1990, "pin_cites": [ { "page": "1066" } ], "opinion_index": 0, "case_paths": [ "/ill-app-3d/199/1062-01" ] }, { "cite": "98 Ill. App. 3d 611", "category": "reporters:state", "reporter": "Ill. App. 3d", "case_ids": [ 8499727 ], "year": 1981, "pin_cites": [ { "page": "614", "parenthetical": "where no one actually witnessed the theft from a store and defendant was one of several patrons in the store, the circumstances raised little more than a suspicion that defendant was involved in the crime; conviction reversed" } ], "opinion_index": 0, "case_paths": [ "/ill-app-3d/98/0611-01" ] }, { "cite": "275 Ill. App. 3d 570", "category": "reporters:state", "reporter": "Ill. App. 3d", "case_ids": [ 906704 ], "year": 1995, "pin_cites": [ { "page": "579", "parenthetical": "a conviction based upon circumstantial evidence requires proof of a conclusive nature that produces a reasonable and moral certainty that defendant and no one else committed the crime" } ], "opinion_index": 0, "case_paths": [ "/ill-app-3d/275/0570-01" ] }, { "cite": "397 U.S. 358", "category": "reporters:federal", "reporter": "U.S.", "case_ids": [ 12054393 ], "weight": 3, "year": 1970, "pin_cites": [ { "page": "364", "parenthetical": "standard of proof beyond a reasonable doubt impresses upon the fact finder the need to reach a subjective state of near certitude of the guilt of the accused" }, { "page": "375", "parenthetical": "standard of proof beyond a reasonable doubt impresses upon the fact finder the need to reach a subjective state of near certitude of the guilt of the accused" }, { "page": "1072", "parenthetical": "standard of proof beyond a reasonable doubt impresses upon the fact finder the need to reach a subjective state of near certitude of the guilt of the accused" } ], "opinion_index": 0, "case_paths": [ "/us/397/0358-01" ] }, { "cite": "215 Ill. App. 3d 208", "category": "reporters:state", "reporter": "Ill. App. 3d", "case_ids": [ 5293405 ], "weight": 3, "year": 1991, "pin_cites": [ { "page": "216" }, { "page": "216" }, { "page": "216" } ], "opinion_index": 0, "case_paths": [ "/ill-app-3d/215/0208-01" ] }, { "cite": "368 Ill. App. 3d 802", "category": "reporters:state", "reporter": "Ill. App. 3d", "case_ids": [ 4265775 ], "weight": 2, "year": 2006, "pin_cites": [ { "page": "808" }, { "page": "808" } ], "opinion_index": 0, "case_paths": [ "/ill-app-3d/368/0802-01" ] }, { "cite": "354 Ill. App. 3d 775", "category": "reporters:state", "reporter": "Ill. App. 3d", "case_ids": [ 3216915 ], "year": 2005, "pin_cites": [ { "page": "777", "parenthetical": "the fact finder must assess the credibility of the witnesses, resolve conflicts in the evidence, and decide what reasonable inferences to draw from the evidence" } ], "opinion_index": 0, "case_paths": [ "/ill-app-3d/354/0775-01" ] }, { "cite": "253 Ill. App. 3d 677", "category": "reporters:state", "reporter": "Ill. App. 3d", "case_ids": [ 5421704 ], "year": 1993, "pin_cites": [ { "page": "682" } ], "opinion_index": 0, "case_paths": [ "/ill-app-3d/253/0677-01" ] }, { "cite": "375 Ill. App. 3d 1077", "category": "reporters:state", "reporter": "Ill. App. 3d", "case_ids": [ 4272513 ], "year": 2007, "pin_cites": [ { "page": "1098-99" } ], "opinion_index": 0, "case_paths": [ "/ill-app-3d/375/1077-01" ] }, { "cite": "189 Ill. 2d 254", "category": "reporters:state", "reporter": "Ill. 2d", "case_ids": [ 1224780 ], "weight": 4, "year": 2000, "pin_cites": [ { "page": "265" }, { "page": "267" }, { "page": "265-66" } ], "opinion_index": 0, "case_paths": [ "/ill-2d/189/0254-01" ] }, { "cite": "193 Ill. 2d 306", "category": "reporters:state", "reporter": "Ill. 2d", "case_ids": [ 963678 ], "weight": 4, "year": 2000, "pin_cites": [ { "page": "337" }, { "page": "338-39" }, { "page": "338" } ], "opinion_index": 0, "case_paths": [ "/ill-2d/193/0306-01" ] }, { "cite": "84 Ill. 2d 415", "category": "reporters:state", "reporter": "Ill. 2d", "case_ids": [ 3045347 ], "weight": 6, "year": 1981, "pin_cites": [ { "page": "419" }, { "page": "424" }, { "page": "421" }, { "page": "424" }, { "page": "422", "parenthetical": "\"while there may be a strong probability that the inference is accurate, this does not mean it is 'more likely than not' true that the possessor of the property is the burglar\"" } ], "opinion_index": 0, "case_paths": [ "/ill-2d/84/0415-01" ] }, { "cite": "212 Ill. 2d 274", "category": "reporters:state", "reporter": "Ill. 2d", "case_ids": [ 2444253 ], "weight": 2, "year": 2004, "pin_cites": [ { "page": "280" }, { "page": "280" } ], "opinion_index": 0, "case_paths": [ "/ill-2d/212/0274-01" ] }, { "cite": "229 Ill. 2d 255", "category": "reporters:state", "reporter": "Ill. 2d", "case_ids": [ 3615142 ], "weight": 3, "year": 2008, "pin_cites": [ { "page": "272" }, { "page": "272" }, { "page": "272" } ], "opinion_index": 0, "case_paths": [ "/ill-2d/229/0255-01" ] }, { "cite": "368 Ill. App. 3d 262", "category": "reporters:state", "reporter": "Ill. App. 3d", "case_ids": [ 4267253 ], "year": 2006, "pin_cites": [ { "page": "268" } ], "opinion_index": 0, "case_paths": [ "/ill-app-3d/368/0262-01" ] }, { "cite": "167 Ill. 2d 307", "category": "reporters:state", "reporter": "Ill. 2d", "case_ids": [ 222749 ], "weight": 5, "year": 1995, "pin_cites": [ { "page": "336", "parenthetical": "same standard of review applied to delinquency proceedings" }, { "page": "336, 339" }, { "page": "339" }, { "page": "339" }, { "page": "336" } ], "opinion_index": 0, "case_paths": [ "/ill-2d/167/0307-01" ] }, { "cite": "373 Ill. App. 3d 891", "category": "reporters:state", "reporter": "Ill. App. 3d", "case_ids": [ 4270725 ], "weight": 2, "year": 2007, "pin_cites": [ { "page": "893", "parenthetical": "the constitutional safeguard of proof beyond a reasonable doubt applies to the adjudicatory stage of juvenile delinquency proceedings" }, { "page": "894" } ], "opinion_index": 0, "case_paths": [ "/ill-app-3d/373/0891-01" ] }, { "cite": "443 U.S. 307", "category": "reporters:federal", "reporter": "U.S.", "case_ids": [ 6182418 ], "weight": 9, "year": 1979, "pin_cites": [ { "page": "318" }, { "page": "573" }, { "page": "2788-89" }, { "page": "319" }, { "page": "573" }, { "page": "2789" }, { "page": "319" }, { "page": "573" }, { "page": "2789" } ], "opinion_index": 0, "case_paths": [ "/us/443/0307-01" ] } ], "analysis": { "cardinality": 791, "char_count": 18942, "ocr_confidence": 0.769, "pagerank": { "raw": 4.7817273071113374e-08, "percentile": 0.30050844663144455 }, "sha256": "9f329dbcc49729f1790665130564dd27fd9cfa074254cb53e44198c693531f8c", "simhash": "1:f4eebe763e0e1269", "word_count": 3203 }, "last_updated": "2023-07-14T21:39:01.503812+00:00", "provenance": { "date_added": "2019-08-29", "source": "Harvard", "batch": "2018" }, "casebody": { "judges": [], "parties": [ "In re GREGORY G., a Minor (The People of the State of Illinois, Petitioner-Appellee, v. Gregory G., Respondent-Appellant)." ], "opinions": [ { "text": "JUSTICE O\u2019MALLEY\ndelivered the opinion of the court:\nRespondent, Gregory G., was adjudicated delinquent upon a finding that he committed a battery by hitting James Blomberg in the head with a glass bottle (720 ILCS 5/12 \u2014 3(a)(2) (West 2006)). Defendant was sentenced to nine months\u2019 probation. On appeal, defendant argues that the State failed to prove him guilty beyond a reasonable doubt. We agree and reverse accordingly.\nThe trial evidence showed the following. James Blomberg was working as a security guard at an apartment complex when a fight broke out between two women, one of whom was respondent\u2019s mother. The scene was chaotic and there were over 100 people surrounding the fight. As Blomberg was breaking up the fight, he \u201cgot smacked in the head with the beer bottle.\u201d According to Blomberg, the bottle was not thrown; he was hit in the back of the head with the bottle, and the bottle broke when it hit his head. He did not see who hit him. When he turned around two or three minutes later, he saw respondent standing 10 feet away and holding the head of a broken beer bottle in his hand. He did not see anyone other than respondent with a bottle in his hand. Blomberg did not suffer any injuries from the hit to his head.\nOfficer Michael Straub, a police officer with the Village of Carpentersville, arrived at the scene as the fight was taking place. He observed a minimum of 100 people congregated at the scene. According to Straub, \u201c[i]t was just utter chaos. Bottles being thrown, rocks being thrown.\u201d \u201cYou are watching so you don\u2019t get hit by bottles yourself and rocks.\u201d Straub approached Blomberg, who told him that he had just been hit over the head with a bottle. Straub looked around and saw respondent holding the top half of a clear glass bottle in his hand. Straub did not observe anyone else with a bottle in hand at that time.\nSeveral witnesses testified for the defense, namely, respondent\u2019s mother, aunt, and two cousins, all of whom were present for the fight. Several of the defense witnesses observed people throwing bottles at them, and two of the witnesses saw respondent catch one of the bottles with his hand. None of the defense witnesses saw Blomberg get hit. Respondent\u2019s mother testified that she was standing between respondent and Blomberg during the entire fight and that it was \u201cimpossible\u201d for respondent to have hit Blomberg. Two of the defense witnesses heard Blomberg say that he was hit only after respondent was already arrested.\nThe trial court found respondent guilty of battery. The trial court\u2019s reasoning was as follows:\n\u201cWell, Mr. Blomberg says he got hit from behind by a bottle. He didn\u2019t see it. He felt it. The bottle broke. Mr. Blomberg would have no reason to make this up. There is no showing of any interest or bias that he has towards the minor respondent or his family. ***\nMy conclusion is that the State has proven beyond a reasonable doubt that Mr. Blomberg got [h]it in the back of the head by a bottle. Mr. Blomberg freely admitted that he didn\u2019t see who hit him with the bottle, but he testified he turned and he saw the minor respondent holding the head of a broken beer bottle.\nNone of the defense witnesses said they saw Mr. Blomberg get hit, which means if Mr. Blomberg indeed was hit \u2014 and I believe beyond a reasonable doubt that he was \u2014 either they didn\u2019t see what happened or they did see it and didn\u2019t tell the truth about it.\nJames Blomberg and Officer Straub both saw the minor respondent with the head of a broken beer bottle in his hand. The minor respondent\u2019s mother also saw the minor respondent holding a bottle. She said it was thrown by somebody in the mob and that the minor respondent caught it. If he caught it, why was it broken? Because we know a bottle was broken when it hit Mr. Blomberg.\nSavora Brooks, the minor respondent\u2019s aunt, also says she saw the minor respondent catch a bottle that was thrown. Once again, if that is what she saw, why was the bottle broken when observed by Mr. Blomberg and the officer?\nIt is interesting that Mahaya Hampton was with the minor respondent just like the other witnesses the whole time. She never saw him catch a bottle or throw a bottle.\u201d\nDefendant argues on appeal that the evidence was insufficient to establish his guilt beyond a reasonable doubt. The critical inquiry on review is whether the record evidence could reasonably support a finding of guilt beyond a reasonable doubt. Jackson v. Virginia, 443 U.S. 307, 318, 61 L. Ed. 2d 560, 573, 99 S. Ct. 2781, 2788-89 (1979); In re Malcolm H., 373 Ill. App. 3d 891, 893 (2007) (the constitutional safeguard of proof beyond a reasonable doubt applies to the adjudicatory stage of juvenile delinquency proceedings). \u201c[T]he relevant question is whether, after viewing the evidence in the light most favorable to the prosecution, any rational trier of fact could have found the essential elements of the crime beyond a reasonable doubt.\u201d (Emphasis in original.) Jackson, 443 U.S. at 319, 61 L. Ed. 2d at 573, 99 S. Ct. at 2789; see also In re W.C., 167 Ill. 2d 307, 336 (1995) (same standard of review applied to delinquency proceedings). \u201cThis standard applies whether the evidence was direct or circumstantial.\u201d People v. Natal, 368 Ill. App. 3d 262, 268 (2006). The trier of fact is responsible for making credibility determinations, weighing the witnesses\u2019 testimony, and deciding what inferences may be reasonably drawn from the evidence. People v. Ross, 229 Ill. 2d 255, 272 (2008). On review, \u201c[a] reviewing court must allow all reasonable inferences from the record in favor of the prosecution.\u201d People v. Cunningham, 212 Ill. 2d 274, 280 (2004). \u201cHowever, a reviewing court may not allow unreasonable inferences.\u201d Cunningham, 212 Ill. 2d at 280. That the trier of fact accepted certain testimony or made certain inferences based on the evidence does not guarantee the reasonableness of its decision. Ross, 229 Ill. 2d at 272. \u201cA conviction will be reversed where the evidence is so unreasonable, improbable, or unsatisfactory that there remains a reasonable doubt of defendant\u2019s guilt.\u201d Ross, 229 Ill. 2d at 272.\nRespondent was found guilty of battery. To sustain that determination, the evidence must show that respondent intentionally or knowingly without legal justification and by any means made physical contact of an insulting or provoking nature with another person. 720 ILCS 5/12 \u2014 3(a)(2) (West 2006); Malcolm H., 373 Ill. App. 3d at 894.\nRespondent asserts that People v. Housby, 84 Ill. 2d 415 (1981), governs our analysis. In Housby, our supreme court reviewed the constitutionality of the inference that an individual in possession of recently stolen property committed a burglary. Housby, 84 Ill. 2d at 419. The court ruled that an inference of guilt may be drawn from the proven fact, i.e., the possession of recently stolen property, if: (1) there was a rational connection between the defendant\u2019s recent possession of stolen property and his participation in the burglary; (2) the defendant\u2019s guilt of the burglary more likely than not flowed from his recent, unexplained, and exclusive possession of the proceeds; and (3) there was corroborating evidence of the defendant\u2019s guilt. Housby, 84 Ill. 2d at 424. Otherwise, where the \u201cinference stands unsupported by corroborating circumstances, the leap from the proved fact to the presumed element must satisfy the higher standard \u2014 proof beyond a reasonable doubt \u2014 for there is nothing else on which to rest the fact finder\u2019s verdict of guilt.\u201d Housby, 84 Ill. 2d at 421.\nIt is not clear whether Housby applies here. On the one hand, the supreme court\u2019s decision in W.C. suggests that Housby does apply. In W.C., the court was asked to review the sufficiency of the evidence to support the respondent\u2019s adjudication of murder based on accountability. W.C., 167 Ill. 2d at 336, 339. The court questioned whether it was reasonable for the trial court to infer that the respondent shared a common purpose with the principal offender based on the circumstances surrounding the commission of the act. The court proceeded to analyze the evidence and the inferences under the three-part Housby test, and it ultimately found that there was a rational connection between the facts proved and the facts inferred, that the ultimate facts more likely than not flowed from the basic facts, and that the inference was supported by corroborating evidence of guilt. W.C., 167 Ill. 2d at 339. Thus, the evidence and the reasonable inferences supported the respondent\u2019s adjudication. W.C., 167 Ill. 2d at 339.\nBut the supreme court\u2019s subsequent cases of People v. Williams, 193 Ill. 2d 306 (2000), and People v. Perez, 189 Ill. 2d 254 (2000), suggest that Housby does not apply here. In both cases, the court considered a similar issue to that presented in W.C., namely, whether the State\u2019s evidence was sufficient to prove the defendant legally accountable for another\u2019s criminal conduct. See Williams, 193 Ill. 2d at 337; Perez, 189 Ill. 2d at 265. Thus, both cases considered inferences in a similar context to W.C. In fact, both Williams and Perez cite W.C. for the governing law on accountability. See Williams, 193 Ill. 2d at 338-39; Perez, 189 Ill. 2d at 267. Williams and Perez, however, did not apply Housby to analyze the inferences created by the evidence. Instead, the court applied only the traditional standard governing sufficiency-of-the-evidence claims, that is, whether any rational trier of fact could have found the essential elements of the crime beyond a reasonable doubt. Williams, 193 Ill. 2d at 338; Perez, 189 Ill. 2d at 265-66.\nThe above cases appear to create an irreconcilable split of authority. Respondent simply assumes that Housby applies to this case. He does not acknowledge the split, much less suggest how to resolve it. \u201cIt is well settled that \u2018[a] reviewing court is entitled to have issues clearly defined with pertinent authority cited and cohesive arguments presented ([210 Ill. 2d R. 341(h)(7)]), and it is not a repository into which an appellant may foist the burden of argument and research.\u2019 \u201d Stenstrom Petroleum Services Group, Inc. v. Mesch, 375 Ill. App. 3d 1077, 1098-99 (2007), quoting Obert v. Saville, 253 Ill. App. 3d 677, 682 (1993). Respondent has failed to meet his burden in this regard.\nIn any event, we need not resolve the split of authority, because application of either the Housby standard (Housby, 84 Ill. 2d at 424) or the traditional standard alone (Jackson, 443 U.S. at 319, 61 L. Ed. 2d at 573, 99 S. Ct. at 2789) leads inexorably to the same conclusion, i.e., the State\u2019s evidence was insufficient to prove respondent\u2019s guilt beyond a reasonable doubt.\nFirst, we apply the traditional standard. Viewed in the light most favorable to the prosecution, the trial evidence established that (1) Blomberg was hit in the back of the head with a bottle that was being held, not thrown; (2) the bottle broke; (3) there were 100 people surrounding Blomberg; (4) other members of the crowd possessed bottles; and (5) two minutes after being hit, Blomberg saw respondent standing 10 feet away, holding a broken bottle.\nRespondent questions whether the bottle actually broke and argues that it was more likely that Blomberg was hit by a thrown bottle. The trial court considered these arguments and ultimately rejected them upon finding that Blomberg\u2019s testimony was credible. A rational trier of fact could reasonably conclude that Blomberg could tell that the bottle was held when it hit him and could determine that the bottle broke, presumably based on such factors as the force of the impact, the sound it made when it made contact with his head, and the presence of glass falling around him. Although Blomberg did not testify to these details surrounding the hit to his head, the trial court was aware of these deficiencies in his testimony and ultimately believed his testimony despite the deficiencies. We see no reason to upset that determination.\nBut because no evidence directly proved that respondent hit Blomberg in the head with the bottle he was holding, the resolution of respondent\u2019s guilt or innocence depended on whether it was reasonable to infer from these facts that it was respondent, and not one of the other 99 people in the crowd, who hit Blomberg. See In re Gino W., 354 Ill. App. 3d 775, 777 (2005) (the fact finder must assess the credibility of the witnesses, resolve conflicts in the evidence, and decide what reasonable inferences to draw from the evidence).\nCircumstantial evidence is the proof of certain facts and circumstances from which the trier of fact may infer other connected facts that usually and reasonably follow from human experience. People v. Grathler, 368 Ill. App. 3d 802, 808 (2006). The sole limitation on the use of circumstantial evidence is that the inferences drawn from the evidence must be reasonable. Grathler, 368 Ill. App. 3d at 808. \u201cCircumstantial evidence is sufficient to sustain a conviction if it satisfies proof beyond a reasonable doubt of the elements of the crime charged.\u201d People v. Gomez, 215 Ill. App. 3d 208, 216 (1991). It is not necessary that each link in the chain of circumstances be proved beyond a reasonable doubt. Gomez, 215 Ill. App. 3d at 216. Rather, it is sufficient if all the circumstantial evidence taken together satisfies the trier of fact beyond a reasonable doubt of the defendant\u2019s guilt. Gomez, 215 Ill. App. 3d at 216.\nThe crux of respondent\u2019s argument is that it was unreasonable to infer that he hit Blomberg solely from the fact that he possessed a broken beer bottle. We agree. The State directly proved that Blomberg was hit by a bottle and that respondent possessed a broken bottle. But others also possessed bottles during the melee. And, significantly, there was a two-minute lapse between when Blomberg was hit and when he turned around, which makes the inference of respondent\u2019s guilt even more tenuous. Lastly, respondent was standing 10 feet away when Blomberg observed him, while the other 99 people were also standing in the same vicinity. The evidence here raises a suspicion that respondent was the culprit in the battery of Blomberg, but it is not sufficiently conclusive and does not produce a reasonable and moral certainty that respondent, and not one of the other 99 people involved in the fight, committed the crime. See In re Winship, 397 U.S. 358, 364, 25 L. Ed. 2d 368, 375, 90 S. Ct. 1068, 1072 (1970) (standard of proof beyond a reasonable doubt impresses upon the fact finder the need to reach a subjective state of near certitude of the guilt of the accused); People v. Nyberg, 275 Ill. App. 3d 570, 579 (1995) (a conviction based upon circumstantial evidence requires proof of a conclusive nature that produces a reasonable and moral certainty that defendant and no one else committed the crime); see also People v. Kostatinovich, 98 Ill. App. 3d 611, 614 (1981) (where no one actually witnessed the theft from a store and defendant was one of several patrons in the store, the circumstances raised little more than a suspicion that defendant was involved in the crime; conviction reversed). Under these circumstances, the trial court stretched the limited circumstantial evidence beyond a reasonable inference. See People v. Rouser, 199 Ill. App. 3d 1062, 1066 (1990). Respondent\u2019s guilt could be based only on possibility and conjecture, which is not proof beyond a reasonable doubt. See People v. Ehlert, 211 Ill. 2d 192, 213 (2004) (\u201cthe fact that defendant is \u2018probably\u2019 guilty does not equate with guilt beyond a reasonable doubt\u201d).\nEven if we were to apply the Housby test to the inference drawn in this case, the same result obtains: the State failed to meet its burden of proof. Again, for an inference to satisfy due process under Housby, (1) there must be a rational connection between the fact proved and the fact inferred, (2) the ultimate fact must more likely than not flow from the basic fact, and (3) the inference must be supported by corroborating evidence of guilt. W.C., 167 Ill. 2d at 336. Here, the ultimate fact that respondent committed the battery did not more likely than not derive from the fact that respondent was in possession of a broken bottle. In light of the mass of people surrounding the scene, the fact that multiple bottles were being thrown at the scene (which means that other people possessed bottles as well), the fact that Blomberg did not turn around until two minutes after being hit, and the fact that respondent was standing 10 feet away when Blomberg observed him, it was no more likely that respondent hit Blomberg than that the guilty party was one of the other 99 people participating in the melee. It is true that it could have been respondent who committed the battery, but it was not more likely than not that he was the culprit. See Housby, 84 Ill. 2d at 422 (\u201cwhile there may be a strong probability that the inference is accurate, this does not mean it is \u2018more likely than not\u2019 true that the possessor of the property is the burglar\u201d). The reasonable probability that Blomberg was hit by one of the other 99 crowd members precludes the inference of respondent\u2019s guilt. Because the evidence did not meet the second factor of the Housby test, the inference fails to satisfy due process. Accordingly, respondent\u2019s adjudication cannot rest on this inference.\nThe State\u2019s leading case, In re Keith C., 378 Ill. App. 3d 252 (2007), does not compel a different result. In fact, the case has no application here. In Keith C., the respondent challenged his adjudication, arguing that the witness\u2019s identification of the respondent as one of the robbers was unreliable. Keith C., 378 Ill. App. 3d at 259. The court discussed factors that were relevant in assessing the credibility of identification testimony. Keith C., 378 Ill. App. 3d at 258. Here, no one disputes that respondent was present at the scene of the fight or that Blomberg saw respondent with a broken bottle in his hand, standing 10 feet away. But Blomberg did not identify who hit him, because he did not see who hit him. Thus, the crux of the case came down to what inferences were reasonable in light of the evidence presented. Keith C. offers no support for the State\u2019s case.\nIn sum, the State\u2019s evidence was insufficient to prove respondent\u2019s guilt of battery beyond a reasonable doubt. Accordingly, the judgment of the circuit court of Kane County is reversed.\nReversed.\nMcLaren and JORGENSEN, JJ., concur.", "type": "majority", "author": "JUSTICE O\u2019MALLEY" } ], "attorneys": [ "Thomas A. Lilien and Mark G. Levine, both of State Appellate Defender\u2019s Office, of Elgin, for appellant.", "John A. Barsanti, State\u2019s Attorney, of St. Charles (Lawrence M. Bauer, of State\u2019s Attorney Appellate Prosecutor\u2019s Office, of counsel), and David A. Hibben, of Chicago, for the People." ], "corrections": "", "head_matter": "In re GREGORY G., a Minor (The People of the State of Illinois, Petitioner-Appellee, v. Gregory G., Respondent-Appellant).\nSecond District\nNo. 2\u201408\u20140120\nOpinion filed December 9, 2009.\nThomas A. Lilien and Mark G. Levine, both of State Appellate Defender\u2019s Office, of Elgin, for appellant.\nJohn A. Barsanti, State\u2019s Attorney, of St. Charles (Lawrence M. Bauer, of State\u2019s Attorney Appellate Prosecutor\u2019s Office, of counsel), and David A. Hibben, of Chicago, for the People." }, "file_name": "0923-01", "first_page_order": 939, "last_page_order": 947 }