FILED STATE OF ILLINOIS IN THE CIRCUIT COURT OF THE 22ND JUDICIAL CIRCUIT WAY 09 2019 McHENRY COUNTY, ILLINOIS MRP EM PEOPLE OF THESTATE OF ILLINOIS) ) vs ) V; ) JOANN D CUNNINGHAM ) No. 19CF000289: DOB:02/28/1983 } Report No. CLPD-19-007922 94 DOLE AVE } Agency: Crystal Lake Police Department CRYSTAL LAKE IL 60014 : : ANDREW T FREUND ) No. 19CF000290 DOB: 12/19/1958 }) Report No. CLPD-19-007922 94 DOLE AVE } Agency: Crystal Lake Police Department CRYSTAL LAKE IL 60014 BILL OF INDICTMENT COUNT 4 of 41 ‘The Grand Jury charges: ‘That on, about, or between April 15, 2019 and April 17, 2019, in McHenry County, State of Mlinois, JOANN D CUNNINGHAM, defendant, committed the offense of FIRST DEGREE MURDER in that the said defendant who at the time of the offense was 18 years of age or older, or one for whose conduct she is legally responsible, without lawful justification, and with the intent to kill or do great bodily harm to AF. (minor child, D.0.B. 10/14/2013), struck AF. on or about his body, thereby causing the death of A.F, and the murder was accompanied by exceptionally brutal or heinous behavior indicative of wanton cruelty, in violation of Chapter 720, Section 5/9-1(a)(1) and 730 ILCS 5/5-8-1(b) of the Illinois Compiled Statutes. Class: First Degree Murder Felony (Pursuant to 730 ILCS 5/5-5-3(2)(A) and 730 ILCS 5/5-4.5-20(a), a period of probation, a term of periodic imprisonment or conditional discharge shall not be imposed for the offense of first degree murder where the death penalty is not imposed; imprisonment shall be for a determinate term of not less than 20 years and not more than 60 years.) (Pursuant to 730 ILCS 5/5-8-1(b), if a trier of fact finds beyond a reasonable doubt that the murder was accompanied by exceptionally brital or heinous behavior indicative of wanton cruelty, the Court may sentence the defendant to a term of natural life imprisonment.)(Pursuant to 730 ILCS 5/5-8-4(d)(1), the Court shall impose consecutive sentences when one of the offenses for which the defendant was convicted was frst degree murder and the defendant inflicted severe bodily injury.) (Pursuant to 730 ILCS 5/5-8-4(c)(1), The Court may impose consecutive sentences if, having regard to the nature and circumstances of the offense and the history and character of the defendant, it is the opinion of the court that consecutive sentences are required to protect the public from further criminal conduct by the defendant, the basis for which the Court shall set ‘forth in the record.) (Pursuant to 730 ILCS 5/3-6-3(a}(2)(), @ prisoner who is serving a term of imprisonment for {first degree murder shall receive no sentence credit and shall serve the entire sentence imposed by the court) (Pursuant to 730 ILCS 5/5-8-1(d)(1), for first degree murder the parole or mandatory supervised release term is3 years.) (Pursuant to 730 ILCS 154 et seq, a defendant who is convicted of first degree murder where the victim was a person under 18 years of age and the defendant was at least 17 years of age at the time of the commission of the offense shall be considered a “violent offender against youth" and shall be required ta register in accordance with the Child Murderer and Violent Offender Against Youth Registration Act) COUNT 2 of 41 ‘The Grand Jury charges: That on, about, or between April 15, 2019 and April 17, 2019, in McHenry County, State of Minois, JOANN D CUNNINGHAM, defendant, committed the offense of FIRST DEGREE MURDER in that the said defendant who at the time of the offense was, 18 years of age or older, or one for whose conduct she is legally responsible, without lawful justification, struck AF. (minor child, D.0.B. 10/14/2013) on or about his body knowing that said acts created a strong probability of death or great bodily harm to AF, and did thereby cause the death of AF, and the murder was accompanied by exceptionally brutal or heinous behavior indicative of wanton cruelty, in violation of Chapter 720, Section 5/9-1{a)(2) and 730 ILCS 5/5-8-1(b) of the Illinois Compiled Statutes. Class: First Degree Murder Felony (Pursuant to 730 ILCS 5/5-5-3(2}(A) and 730 ILCS 5/5-4.5-20(a), a period of probation, a term of periodic imprisonment ox conditional discharge shall not be imposed for the offense of first degree murder where the death penalty is not imposed; imprisonment shall be for a deterininate term of not less than 20 years and not more than 60 years.) (Pursuant to 730 ILCS 5/5-8-1(b), if a trier of fact finds beyond a reasonable doubt that the murder was accompanied by exceptionally brutal or lieinous behavior indicative of wanton cruelty, the Court may sentence the defendant to a term of natural life imprisonment.)(Pursuant to 730 1LCS 5/5-8-4(d)(1), the Court shall impose consecutive sentences when one of the offenses for which the defendant was convicted was first degree murder and the defendant inflicted severe bodily injury.) (Pursuant to 730 ILCS 5/5-8-4(c)(1), The Court may impose consecutive sentences if, having regard to the nature and circumstances of the offense and the history and character of the defendant, it is the opinion of the court that consecutive sentences are required to protect the public from further criminal conduct by the defendant, the basis for which the Court shall set forth in the record.) (Pursuant to 730 ILCS 5/3-6-3(a}(2)(i), « prisoner who is serving a term of imprisonment for Jirst degree murder shail receive no sentence credit and shall serve the entire sentence imposed by the court) (Pursuant to 730 ILCS 5/5-8-1(d)(1), for first degree murder the parole or mandatory supervised release term is 3 years.) (Pursuant to 730 ILCS 154 et seq, a defendant who is convicted of first degree murder where the victim was a person under 18 years of age and the defendant was at least 17 years of age at the time of the commission of the offense shall be considered a “violent offender against youth” and shall be required to register in accordance with the Child Murderer and Violent Offender Against Youth Registration Act.) COUNT 3 of 41 The Grand Jury charges: : That on, about, or between April 15, 2019 and April 17, 2019, in McHenry County, State of Mlinois, JOANN D CUNNINGHAM, defendant, committed the offense of FIRST DEGREE MURDER in that the said defendant who at the time of the offense was 18 years of age or older, or one for whose conduct she is legally responsible, without lawful justification, while committing or attempting to commit a forcible felony, Unlawful Restraint, in violation of 720 ILCS §/10-3, struck AF. (minor child, D.O.B. 10/14/2013) on or about his body, thereby causing the death of A.F; and the murder was accompanied by exceptionally brutal or heinous behavior indicative of wanton cruelty, in violation of Chapter 720, Section 5/9-1(a)(3) and 730 ILCS 5/5-8-1(b) of the Illinois Compiled Statutes. Class: First Degree Murder Felony (Pursuant to 730 ILCS 5/5-5-3(2}(A) and 730 ILCS 5/5-4.5-20(a), a period of probation, a term of periodic imprisonment or conditional discharge shall not be imposed for the offense.of first degree murder where the death penalty is not imposed; imprisonment shall be for a determinate term of not less than 20 years and not more than 60 years.) (Pursuant to 730 ICS 5/5-8-1(), if @ trier of fact finds beyond a reasonable doubt that the murder was accompanied by exceptionally brutal or heinous behavior indicative of wanton cruelty, the Court may sentence the defendant to a term of natural life imprisonment.)