Murder charge is appropriate

I read with interest your Sunday editorial about the unfortunate incident in Lake County in which a young man was shot and killed by the homeowner on whose property he trespassed at about 1 a.m. with several of his friends in a stolen car and possessing a knife. Your editorial advocates the Lake County state's attorney, Michael Nerheim, reduce the charges against the other young men from felony murder to something else.

The felony murder charge is provided for in Illinois criminal statutes. I think it is reasonable for Mr. Nerheim to file those charges based on the information known at present. The state's attorney is the government prosecutor and must evaluate the facts as presented to him or her by the investigative authorities, the state or local police forces. Upon that information, the state's attorney brings charges under Illinois criminal law to present at a later time to a judge and jury.

If Mr. Nerheim thinks he can prove these charges, or the lesser included offenses allowed under Illinois law, then he has a duty to file the charges and prove them. The jury in a trial finds the facts and applies the law as the judge instructs. The due process granted by our system of justice gives the prosecutor and the defendants the full and fair opportunity to present their evidence, subject to cross-examination by the attorneys involved. The state's attorney must prove his case beyond a reasonable doubt, a high standard of proof.

Philip S. Howe

Grayslake