Appeal argued for teen set free after beer party

A state appellate court is deciding whether to reverse a ruling that cleared a teenager accused of supplying beer to friends, one of whom later died in a drunken-driving crash.

A McHenry County judge in August 2006 dismissed the misdemeanor offense against Jenna Christopherson, ruling in part that the state law used to charge the then-17-year-old was limited to adults of legal drinking age.

At the time, the decision by Judge Charles Weech was thought to be a first in Illinois, where a charge of providing alcohol to minors was thrown out because the accused also was a minor.

Prosecutors want to pursue the charge -- punishable by up to a $500 fine -- against Christopherson because of the tragedy linked to her party, state appellate prosecutor Gregory Slovacek said during arguments Tuesday.

"This isn't merely about a minor having possession of alcohol," Slovacek told the three-judge panel in Elgin. "We have a death."

On St. Patrick's Day 2005, Christopherson threw a beer-drinking party for several teens, including classmate Jamie Lynn Smith of Hebron, according to court records.

Smith, 17, drank at the gathering and then went to another residence before she headed home. On the way, she lost control of her car on Route 47 and hit a telephone pole, police have said.

Smith died from her injuries about eight months later.

When Weech threw out the case in August 2006, he said the state law on the offense was unclear. He also said a review of the state legislative record shows the state's law was meant to apply only to people 21 and older.

Thomas Lilien, of the state appellate defender's office, asked the appellate judges to uphold Weech's ruling.

Last month Ed Jungmann, was convicted of unlawful delivery of alcohol to a minor for buying beer for the party. Jungmann, 24, of McHenry, faces up to a year in jail and a $2,500 fine when he is sentenced early next year.