DuPage County State’s Attorney Joseph E. Birkett and Lisle Police Chief Michael D’Amico announced the results of the investigation into the shooting death of Norman Miller, age 19, of 10001 S. Peoria in Chicago.
Lisle Police responded to an apartment building at 5630 College Road at approximately 8:45 p.m. on Tuesday, January 20th. Norman Miller was found inside an apartment on the second floor of the building at that address. Miller had suffered a fatal gunshot wound. He was transported to Good Samaritan Hospital in Downers Grove where he was pronounced dead.
The Lisle Police Department began an investigation along with the Felony Investigative Assistance Team (FIAT). The initial investigation led authorities to another apartment on the third floor where a break-in and the fatal shooting had taken place just moments before their arrival. Seven (7) people were inside the third floor apartment. All seven were students and football players at the College of DuPage.
The police learned that the victim, Miller, was a friend of another group of football players who lived in the second floor apartment. The investigation further revealed that these two groups have been involved in earlier altercations, including one on January 17, 2004 and another shortly before the shooting.
On the night of the shooting, the group from the second floor, including the deceased, were taunting the residents inside the third floor apartment demanding to fight. There were repeated references to firearms made by both groups.
The investigation revealed that the deceased and his companions gained entry to the third floor apartment by kicking the locked door open, destroying the door jamb. Once inside, a fight broke out with the deceased and his companions kicking and punching one or more individuals inside the apartment. At that point, Brian Hall, age 18 of North Chicago retrieved a .22 caliber rifle from the bedroom where he was staying, loaded it and returned to the common area of the apartment where he pointed and fired into the invading group, fatally striking Norman Miller.
While many may disagree, this use of deadly force by Brian Hall in these circumstances was justified under the Illinois "Defense of Dwelling" Statute. The investigation indicates that the entry by Miller and his companions was made in a "violent, riotous, or tumultuous manner" and Hall, as a occupant of the apartment, reasonably believed that his actions were necessary to "prevent an assault upon, or offer of personal violence to, him or another then in the dwelling." According to Birkett, Hall also reasonably believed that the deceased and his companions broke into the apartment in order to commit a felony, Aggravated Battery.
"I have had the very difficult task of informing Norman Miller’s mother, Pamela, of my decision to not approve a charge of Murder in this case," said State’s Attorney Birkett. "Our sympathy goes out to her and her entire family, especially Norman’s sister Tiffany. This young man appears to have been a good person and on the right path. Unfortunately, the decisions he and his companions, as well as the conduct of the other group, resulted in a horrible tragedy. Charging Brian Hall with an offense I cannot prove would not be just, and it would only compound the suffering of the Miller family. There will, however, be criminal charges other than murder filed as a result of this investigation."
During the course of the investigation, the police uncovered three (3) firearms which were illegally possessed. It was also determined that Hall did not possess a valid FOID card. In addition, during the course of the investigation, a witness attempted to conceal evidence.
As a result, State’s Attorney Birkett tonight has authorized criminal charges against the following individuals:
Anthony Woods 19 (d.o.b. 9/12/84) 5630 College Road #3412, Lisle
Obstructing Justice, Class 4 Felony
Possible Penalties: 1-3 years IDOC
Jason Banks 20 (d.o.b. 1/18/84) 3615 Grandmore Avenue, Gurnee
Defacing Identification Marks of Firearms, Class 2 Felony
Possible Penalties: 3-7 years IDOC
Brian W. Hall 18 (d.o.b. 12/07/85) 5630 College Road #3412, Lisle
(1) Possession of Weapon without FOID Card, Class A Misdemeanor
Possible Penalties: 364 days incarceration
(2) Possession of Ammunition without FOID Card, Class A Misdemeanor
Possible Penalties: 364 days incarceration
Michael Keeton, Jr. 19 (d.o.b. 7/28/84) 5630 College Road #2407, Lisle
Home Invasion, Class X felony
Possible Penalties: 6-30 years IDOC
The defendants are expected to appear in bond court tomorrow in Wheaton.
"I would like to praise the outstanding efforts of the Lisle Police Department, along with the members of FIAT (Felony Investigation Assistance Team) and Assistant State’s Attorneys Tim Diamond and Scott Sinson of my staff who devoted numerous hours to this investigation," commented State’s Attorney Birkett.
Members of the public are reminded that these complaints contain only charges and are not proof of the defendants’ guilt. A defendant is presumed innocent and is entitled to a fair trial in which it is the government’s burden to prove his or her guilt beyond a reasonable doubt.
