People v. Nolan

PRESIDING JUSTICE WOLFSON

delivered the opinion of the court:

On the morning of December 8, 1989, Donnell Nolan (Nolan) entered the Pershing Food and Liquor Store at 857 East 39th Street, to purchase a bottle of pop. The proprietor, Zaki Fakhoury (Fakhoury), accused Nolan of shoplifting. During an altercation, Nolan pulled a loaded gun from his pocket, then shot and killed Fakhoury. The question for the jury to resolve was whether Nolan’s actions constituted first degree murder, second degree murder, involuntary manslaughter, or no crime at all.

In his first jury trial, Nolan was found guilty of…