People v. Campbell, 2019 IL App (1st) 161640 (April). Episode 630 (Duration 11:07 )







Court is not insensitive to claims of “dropsy” testimony and “testilying.”























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Charges







Campbell was charged with nine counts of aggravated unlawful use of a weapon (AUUW) (720 ILCS 5/24-1.6(a)(1), (a)(3)(C)) stemming from a traffic stop. He got one year in prison.







Sees A Gun







Due to a spade of recent shootings police were patrolling in unmarked convert vehicles. 







Police stopped in front and behind a double parked car. Police immediately smelled cannabis. Defendant opened a rear door and started to run until told to get back in the car and he complied.







As Campbell was returning to the Durango, an officer saw him retrieve a handgun with a wooden grip, later identified as a Smith & Wesson .38-caliber revolver, from his waistband and throw it onto the floorboard of the back seat.







Campbell then got in and shut the door.







Arrested







The officer drew his service weapon and immediately began yelling “gun” to inform the other officers, who were surrounding the vehicle. Defendant was removed from the Durango and placed into custody.







The incident happened within seconds.







Defendant’s Story







Defendant did not have a firearms owner’s identification card. He was just getting a ride home and the car stopped to let him out. When he got out police yelled at him so he got back in the car. At no point did he ever have a handgun on his person.







Trial Court Believes The Officer







The court noted that every witness has a bias, but it found that the officers’ testimony was consistent and credible and the varying terminology as to how the gun arrived on the floorboard was insignificant.







Trial Court Didn’t Believe Defendant