‘A danger to all’: Judge orders detention for Wheeling murder suspect

A 24-year-old Dixmoor man charged with first-degree murder in the July 4 death of a Wheeling man will remain in jail while awaiting trial, a Cook County judge ordered Tuesday.

Prosecutors say Jalen Upshaw asphyxiated 55-year-old Christopher M. Behnke in his home after an argument became violent.

In granting prosecutors’ request that Upshaw be detained, Judge Andreana Turano described the defendant as “controlling, abusive and jealous.”

“Calculated and detached, calm and without remorse, he's a danger to all,” she added.

The two men were in a romantic relationship on July 4 and Upshaw had moved into Behnke's home, according to prosecutors. But they alleged Upshaw was upset that Behnke remained in touch with a former romantic partner identified as Witness 1 and with a friend identified as Witness 2.

On July 4, Upshaw and Behnke attended a fireworks celebration in Buffalo Grove, where they argued because Behnke texted Witness 2, Assistant Cook County State's Attorney Daniel Rosenthal said Tuesday.

The argument continued after they arrived home, Rosenthal said.

When Witness 2 called Behnke at about 11:16 p.m., Upshaw grabbed the phone and yelled at the witness, he added.

Eventually the argument became physical, Rosenthal said. A video, which prosecutors say the defendant recorded with Behnke's phone, shows Upshaw pinning the Wheeling man and questioning him about his finances.

Another video shows Behnke shirtless and out of breath with blood on his face, Rosenthal said.

Panicking when Behnke stopped responding, Upshaw called 911 about 11:47 p.m., according to Rosenthal.

Emergency responders found Behnke unconscious when they arrived. He was pronounced dead at Endeavor Health Glenbrook Hospital in Glenview.

Arguing against Upshaw’s detention Tuesday, defense attorney John McNamara pointed out that police released his client after Behnke’s death. He willingly surrendered Monday after charges were filed.

“It is disingenuous to argue that he now poses a threat to others,” McNamara said, adding that his client called 911, performed life-saving measures on Behnke and remained at the scene after police and first responders arrived.

“That helps establish he's not posing a threat and is not a flight risk,” he said.

Upshaw is scheduled to return to court Oct. 20.

bvitello@dailyherald.com