People v. Diercks

1

2024 IL App (5th) 220757-U

THE PEOPLE OF THE STATE OF ILLINOIS, Plaintiff-Appellee, v. KHRISTOPHER M. DIERCKS, Defendant-Appellant.

No. 5-22-0757

Court of Appeals of Illinois, Fifth District

October 22, 2024

This order was filed under Supreme Court Rule 23 and is not precedent except in the limited circumstances allowed under Rule 23(e)(1).

Appeal from the Circuit Court of Randolph County. No. 22-CF-20 Honorable Richard A. Brown, Judge, presiding.

Cates and McHaney, Justices concurred in the judgment.

ORDER

WELCH JUSTICE.

¶ 1 Held: We reverse the trial court's finding that the defendant was guilty of stalking where the evidence was insufficient for a rational trier of fact to find beyond a reasonable doubt that he made true threats directed at the alleged victim.

¶ 2 The defendant, Khristopher M. Diercks, was convicted of stalking after a bench trial and sentenced to 24 months of conditional discharge. The defendant appeals, contending both that the evidence was insufficient to convict him, and that the conviction violated his constitutional rights under the Illinois and United States Constitutions. For the reasons that follow, we reverse.

¶ 3 I. BACKGROUND

¶ 4 On February 14, 2022, the State charged the defendant via information with stalking, in that he knowingly engaged in a course of conduct directed at Sheriff Shannon Wolff at a time he knew such conduct would cause a reasonable person to fear for his safety. See 720 ILCS 5/12- 7.3(a)(1) (West 2020). Specifically, the State alleged that he repeatedly sent text messages of a threatening nature to Wolff.

¶ 5 On February 11, 2022, the defendant sent several text messages to Wolff to get Wolff to put him in contact with one of Wolff's deputies. As this text conversation was going on, Wolff sent deputies to arrest the defendant, and the defendant was taken into custody. The defendant pled not guilty, rejected a plea deal, and elected to proceed on a bench trial, which took place on September 1, 2022.

¶ 6 A. Trial

¶ 7 1. Sheriff Wolff's Testimony

¶ 8 At trial, the State's only witness was Sheriff Wolff the alleged victim, who testified that he had known the defendant for approximately 20 years. Wolff confirmed that the defendant had previously texted and called him. The State introduced its first exhibit, a screenshot of a text message the defendant sent to Wolff's cell phone on February 6 2022. Wolff testified that, on that date, the defendant texted him about a confrontation he had with his uncle over his grandmother's care. The defendant and Wolff then had a phone call, during which Wolff told the defendant that, if there was an issue that required police, he needed to call the sheriff's office. Wolff testified that he had told the defendant this "several times in the past." The trial court then admitted the State's second exhibit, a screenshot of a text message the defendant sent to Wolff's cell phone on February 11, 2022, which began with the words "hey f***er." Wolff testified that he did not usually receive messages that began in that manner. Upon receiving the message, Wolff was immediately concerned that this "would be the beginning of it." Wolff received approximately 23 text messages from the defendant throughout the morning hours of February 11, and he perceived the content of those messages as "threatening." The initial message stated as follows "Hey f***er, take your BBQ and stick it up your mf'ing ass... Your ol friend Rick Schroeder *** [(various laughing emojis)] That fat f*** can't cook anywhere near as good as me. *** [(middle finger emoji)] I told your ass, I ain't no damn fool. But, sometimes a person just got to play the roll [sic] of a fool to fool the fool who thinks he's foolin you. *** So now, I got just two more moves to make and I'm hoping it's gonna help you sorry ass SOB's who took my life from me!! You send my friend to see me!! I got something to show him. And when my brother brings it back to you. He will hopefully have what you need. Because there's 2 brothers not from around here that have ripped our community apart with this f***ing dope. And I'ma make Ryan coffee's mf'ing day!! And from here on out, when you address me. You add Sir to the end of my name!! *** [(bicep emoji, middle finger emoji, peace sign emoji, kiss emoji, American flag emoji)]." Wolff testified that he took the message to mean that the defendant was "aggravated and irate," and that the message made him nervous.

¶ 9 The State then introduced its third and fourth exhibits which were both screenshots of further messages Wolff received from the defendant during the morning hours of February 11. Wolff again testified that he took those messages to mean that the defendant was "agitated and that he wanted something." Wolff described the messages as "cussing at me again" and "threatening again." The message stated as follows:

"You got less than half an hour and I'm gonna probably loose [sic] my shit!! *** [(angry expletive emoji)] My anxiety is in full force right now!! I am running on shear fumes!! Stress level to the f***ing max!! And I'm gonna let you mf'ers nail me to the f*** cross one last time. I don't even care no more!! The mf'ers ain't gonna hurt another shorty on my watch. And if it means I go back to the joint for doing the right thing then I don't give a f***!! Read me my right's, put me in jail. Take me downtown Barney lock me up!! Shannon you goin through some shit right now with your family. I get it!! Mf'er you think I ain't know?! You got your Wolfpack. And I got mine!! We can fight it out till the bitter end. Or you can let us help you. Either way I don't give a f*** no more!! In the end I will come out on top!! Because I've paid for my crime!! I'm standing on solid ground!! And I can't be shook. I'm extending my hand. You either gonna reach out and help me help you. Or you can come in thinkin I'm no good like my *** family. *** You know the routine. Heres the deal, I have what you need on the way to me right now. And I need my friend to ring this f***ing phone before it gets here!! You got less than 15 min. Otherwise you gonna waste a shit load of my time and effort trying to help our community. Every mf'er got a preconceived notion. Let me prove them wrong by taking all my struggles and turning them from bad to good. Asked you once before. I'll ask you again. Which side are you on?! 15 minutes is all I got. Don't be late!! You f*** this up that I have done invested so damn much time and money into and I ain't gonna invite you to the farm again. I promise you I will walk right through those doors and come strait [sic] to you just like I did when y'all was investigating me for this bullshit I'm being charged with now!! We not kids no more Shannon. Kids make mistakes. Adult's make choices. Buddy you gonna learn today!! Now for the last time before you blow this! Have my friend call me!!"

With regards to the message, Wolff concluded that "basically the entire thing [was] threatening."

¶ 10 The State then introduced its fifth exhibit, which was a screenshot of three separate YouTube links the defendant sent Wolff on February 11. Wolff testified that he clicked on these links and watched the videos. After watching the videos, Wolff "felt threatened" because, in his estimation, "all three of them were threatening." The first link was to a video of a song by the artist Brantley Gilbert called "Read My Rights." The next exhibit the State introduced, marked as its twenty-second exhibit, was a copy of the lyrics to that song. Wolff testified that the lyrics "[talked] about whooping ass" and described how the singer was going to "drop this fool right in front of the cops." Wolff concluded that "the lyrics are threatening if you read it or listen to it, there's no doubt about it." The second link was to a video of a song called "I'm Still Here." Wolff testified that, when he listened to this song, he "was a little confused by it." The third link was to a video of a song called "Whoop a Man's Ass." Wolff perceived "even the title of that song" as "threatening." The State then played the video for "Whoop a Man's Ass" for the court. Wolff testified that he "felt that [the defendant] was speaking to [him]" through the song, and that "[the defendant] wanted to do those things to [him]." The court then admitted into evidence copies of the lyrics to all three songs and their YouTube hyperlinks, which were marked as State exhibits 22, 23, and 24.

¶ 11 The State then introduced its sixth and seventh exhibits, which were both screenshots of further messages Wolff received from the defendant during the morning hours of February 11. Wolff then read exhibit six. The message read: "You watch those. I call you. 'Check' one move will end the game. Don't matter what move you make. My next move is check mate. [(winking emoji)] By the way. I love you brorher [sic]. Don't give a f*** if you like it or not!! That's just who I am!!" Wolff testified that he "was very concerned at [this] point" because of the word "checkmate." At that point, Wolff called the State's attorney and "requested that [they] do something and inquired whether or not [they] could charge [the defendant] with threatening [Wolff] and began that process of getting that done." After this call, Wolff responded to the defendant via text message, asking him what he wanted Wolff to do. Wolff testified that he responded at this time because he "wanted to know *** where he was at, just to have some idea that I had him talking still. I didn't know if he was coming to my house, what he was doing. And it was basically to stall him, keep him talking at that point, so we could get officers to his house."

¶ 12 Wolff then described the text messages contained in the State's seventh exhibit....