IL code 730 ILCS 5/5-6-3.3, which
seems to be the code section to which the state's attorney overseeing the matter appears to have referred, provides for dismissal of a matter provided the defendant meets certain criteria and complies with the following:
- not violate any criminal statute of this State or any other jurisdiction;
- refrain from possessing a firearm or other dangerous weapon;
- make full restitution to the victim or property owner pursuant to Section 5-5-6 of this Code;
- obtain employment or perform not less than 30 hours of community service, provided community service is available in the county and is funded and approved by the county board; and
- attend educational courses designed to prepare the defendant for obtaining a high school diploma or to work toward passing high school equivalency testing or to work toward completing a vocational training program.
It appears Jussie meets the key terms germane to his alleged offense. Jussie's already complicit with 3, 4, and 5, and it's possible the judge agreed to waive 1 and 2.
- Three doesn't apply because there is no in-law identifiable victim; the police spent resources investigating the matter, but that's what they're supposed to do. If one were to, under extant law, require Jussie pay for the investigative costs, one'd need to require everyone do so.
- Smollett agreed to forfeit $10K, had performed his community service, has an established philanthropic track record, both on a personal level and as a "check writer." (His Empire salary was $20K/episode, which given there were 14 of them in season five, (I don't know how many he was in), amounted to $280K.)
Given that there isn't an in-law victim, I wouldn't put it past the judge to say, "Okay, you 'get over' the $10K, and I'll waive holding the matter for a year on the procedural elements and I'll waive the observational period associated with 1 and 2."
Were I the judge, I'd do that because there's no point to dragging out the matter given that the case's central claim -- that Jussie staged an attack on himself -- relies on testimony of two witness who appear to have given conflicting testimony. (At one point
the men were paid $3500 to assault Jussie; a few days later (I don't know exactly how many)
the $3500 was for training services.) Moreover, I find no point in locking up magnanimous (to an extent reasonably befitting of their station) folks who don't "dwell on the edge of the law," who've not committed or alleged to have committed a violent crime, who have no prior civil or criminal violation (other than traffic violations),
and who pose no apparent threat to the community.
Red:
- "They" who?
- The justice system consists of far more that extant in Chicago. Would that the preponderance of criminal activity in Chicago were of the nature as the offense Jussie was alleged to have committed.