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Question Presented Has Mr. Cannizzaro violated sections (a)(1), (a)(2), and/or (a)(3) of the criminal damage to property statute? Brief answer: Yes, Mr. Cannizzaro violatedsections (a)(1),

Question Presented

  • Has Mr. Cannizzaro violated sections (a)(1), (a)(2), and/or (a)(3) of the criminal damage to property statute?

Brief answer:

  • Yes, Mr. Cannizzaro violatedsections (a)(1), (a)(2), and/or (a)(3) of the criminal damage to property statute.
  • Facts:

Summary:

  • The fire burned approximately 6 acres of land and destroyed the wooden structure (80x20ft) (Captain Davenport)
  • It is plausible that the fire originated from a bonfire that was not properly extinguished (Captain Davenport)

Narrative:

  • Several rows of burned apple trees and because of the dry weather = solid fuel source for fire
  • If there was any tall dry brush that got burned = solid fuel source - causing the fire to spread quickly
  • Burned cans/litter around the structure
  • The crest of the ridge was the epicenter of the fire
  • The log remnants 50 ft from the structure could be the remains of a bonfire.
  • The fire was not started by electricity, lightning, or by someone using accelerants

Physical evidence:

  • 3 aluminum cans, a jacket, a thermos, and a water bottle-all on the crest of the ridge near the pile of log remnants

EUO Transcript:

  • Chris assumed the property was abandoned (Del suggested they go)
  • Set up the bonfire because "it seemed fun", and " it's nice just to be outside and relax by a fire for a little bit."
  • Started the fire near the building, not far from the parked vehicle
  • Collected some fallen branches and logs from the nearby apple trees and found paper and trash wrappers around the building for fire
  • He used a lighter to start the fire.
  • Sat for an hour around the fire, it had burned down pretty low, kicked a lot of dirt on it- thought it stopped smoking
  • Chris sees fire after leaving and tells Del to turn around - fire is headed toward the building
  • Chris tried to extinguish the fire with the thermos and water bottle from the truck but was unsuccessful.
  • Chris called 911 and waited until the police came.

Appraisal:

  • $300,000 worth of damage

Discussion:

  • Rule:720 ILCS 5/21-1. Criminal damage to property
    • A person commits criminal damage to property when he or she:
  1. Knowingly damages any property of another
  2. Recklessly by means of fire or explosive damages the property of another
  3. Knowing starts a fire on the land of another
  • Knowledge: consciously aware that that result is practically certain to be caused by his conduct
    • Knowingly - willfully - Knowingly is established when a person acts intentionally
  • Reckless: consciously disregards a substantial & unjustifiable risk that circumstance exists or that result will follow
    • Recklessly - wantonly
  • Intent: conscious objective or purpose is to accomplish a result or engage in conduct described by the state defining the offense
  • Analysis of Pertinent Facts
    • Knowingly damaged property
      • The fire burned approximately 6 acres of land and destroyed the wooden structure (80x20ft)
      • Chris tried to extinguish the fire with the thermos and water bottle from the truck but was unsuccessful.
      • Fire is headed toward the building
      • Fire damage on the ridge was extensive
      • $300,000 worth of damage
    • Recklessly by means of fire damages property
      • Used a lighter
      • Davenport's conclusion: "Plausible that the fire originated from a bonfire that was not properly extinguished"
      • started the fire near the building, not far from the parked vehicle
      • The fire burned down pretty low, and kicked a lot of dirt on it - he thought it stopped smoking
      • Chris sees fire after leaving and tells Del to turn around - fire is headed toward the building
    • Knowingly starts a fire
      • Set up the bonfire because "it seemed fun", and " it's nice just to be outside and relax by a fire for a little bit."
      • Collected the branches, papers, and trash from nearby and put them in a pile of wood
      • Fire is headed toward the building
      • Went back after seeing the fire had gotten big after they were leaving

Conclusion

Based on the information, I determine that Christopher Cannizzaro has violated the first three sections of the criminal damage to property statute because he was consciously aware that his conduct could potentially bring about the circumstance or risk of the fire getting out of control. He acted recklessly by starting the fire by gathering all the wood, papers, trash, etc. to create the base of the fire. He knowingly started the fire by igniting it with his lighter. He consciously disregards the risks of the bonfire. Although he did exercise the standard for a reasonable person to put out the fire to diffuse the situation, the facts of the case present that Mr. Cannizzaro has violated sections (a)(1), (a)(2), and (a)(3) of the criminal damage to property statute.

Question: what are 10 sources of information I should request that will help prove whether Mr.Canizzaro can be charged under the Illinois criminal damage to property statue?

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