People v. Kruger

PRESIDING JUSTICE GREIMAN

delivered the opinion of the court:

In a bench trial, defendant David Kruger was found guilty of the murder of Fernando Delgado and unlawful use of a firearm by a felon and was sentenced to 25 years in prison.

On appeal, defendant alleges (1) the trial court erred in not considering a second pistol shot to be in defense of others; (2) the conviction should have been for voluntary manslaughter rather than murder since defendant (a) acted under the unreasonable belief that deadly force was justified or (b) acted under a sudden and intense passion, having just witnessed…