Burglary charges dismissed against former cable company technician
Cook County prosecutors on Tuesday dismissed burglary charges against a former cable company technician accused of taking a firearm from a Palatine home, eight months after an Illinois appellate panel overturned his residential burglary conviction and sentence.
Authorities say the gun was subsequently used in a shooting involving Chicago police.
Andre Cummings, who authorities say was not involved in the Chicago shooting, was convicted and sentenced to prison for stealing the gun in 2015 from a Palatine home where he was updating cable boxes.
According to the ruling, the appellate court found Cummings had been illegally detained before he made what authorities say were incriminating statements. The appellate court further found the trial court erred when it denied the defendant's motion to suppress those statements.
According to the court's opinion, "The defendant was locked in a windowless interrogation room for several hours and questioned by three different police officers." A detective testified it was "protocol to lock the door to the interview room" and that Cummings could have left the police station if he asked to do so, according to the opinion. But "the defendant was never given that information."
In addition, "a defendant who voluntarily goes to the police station for questioning does not implicitly consent to remain there while the police investigate in search of probable cause for an arrest."
According to a statement from the Cook County state's attorney's office, prosecutors "determined that the evidence was insufficient to meet our burden of proof to move forward with the prosecution of this case."