A Chicago mother accused of instructing her son to shoot a man at a food stand, has filed a lawsuit on behalf of her and her son, according to ABC7 News. The two previously faced murder counts until the Cook County State’s Attorney’s Office dropped the charges.
While the internet is still reeling about whether Carlishia Hood and her son were justified in the actions that took place June 18, the mother has decided to take justice into her own hands. Hood was seen being punched multiple times in the head by a man while waiting at a food stand. Authorities say Hood instructed her 14-year-old son to bring a firearm. Surveillance videos show the teen firing a shot toward the man and chasing him from the food stand, firing more shots.
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Illinois’ self-defense laws allow a person to use force to defend not only themselves but other people as well. However, former prosecutor and civil rights attorney Chance D. Lynch says the statute lost validity in this case when the boy continued after the man.
“At that moment, from prosecutorial standpoint, the son was no longer the victim. He became the defendant. The threat to the mother was done.” Lynch said. “I would think that would be enough to charge him - I don’t think first-degree murder but maybe manslaughter. And then to charge the mother with contributing to the delinquency [of a minor] or maybe even accessory because she told him to keep shooting.”
The Attorney’s office said they dropped the case upon the failure to find probable cause to prosecute them. Now, the city must answer a suit filed by Hood arguing that she was falsely arrested and “maliciously” prosecuted. Lynch said the fact the two were charged was not surprising their arrest alone suggests there was a crime committed, debunking Hood’s wrongful arrest claim.
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“When a woman is violently attacked by a man, an unarmed woman, then she shouldn’t be arrested,” Hood’s attorney Brandon Brown said. “If your mother or sister or daughter were attacked in a restaurant when she is trying to order a cheeseburger, would you expect that she would be arrested?”
On the other hand, former Cook County prosecutor and trial attorney Shay T. Allen says dropping the charges was the right thing to do, despite the unusual speed at which the decision was made. He said he just won a case where his client was charged for shooting another person in self-defense. From the prosecutorial point of view, Hood’s case isn’t any different but would have been a tough fight for the state.
“What you have to think about is, ‘If this case went to trial, can I meet my burden? Can I win the case, generically?’ In a case like this, there was a very good self-defense claim and with that claim and justification in the shooting, I don’t think a trial would have went [the state’s attorney’s] way,” he said.
Allen also said the Second Amendment isn’t viewed the same with Black people as opposed to white people once we exercise our right to bear arms.
Lynch said it’s still possible for the prosecutors to come back with lesser charges if they have a change of heart regardless of Hood’s lawsuit. Allen said personally, he doesn’t think any lesser charges apply.
Meanwhile, Twitter and TikTok are still reeling about the incident and the majority are falling behind the mother and son in support.
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