Our DUI Attorneys have learned that the Illinois Appellate Court has reversed the felony murder conviction of Michael Schmidt. Schmidt, who police said was drunk and fleeing from police in a stolen SUV prior to his arrest, killed a 6-year old boy when he slammed into a family crossing a North Side street.

Murder charge overturned in DUI case

Michael Schmidt, now 27, had been drinking with two friends from a gallon of vodka on Oct. 12, 2004 before he invited them to take a ride in a stolen black Lexus SUV, according to testimony in his trial.

He was stopped at a red light at the corner of Clark Street and Wilson Avenue in the Ravenswood community at 8 p.m. when Chicago police officer Michael Yzaguirre walked up and told Schmidt to turn off the vehicle’s engine.

Instead, Schmidt sped away south, striking Yzaguirre’s left arm with a side-view mirror. Plainclothes police officers driving in an unmarked car gave chase.

At nearly the same moment, Felicita Diaz was walking with her four children to a store, crossing Sunnyside Avenue south on Greenview Avenue when Schmidt blew past a stop sign.

Her son, Alexander Diaz, 6, was holding onto the stroller his mom was pushing across the street and said, “Mommy a car,” his mother testified at trial. The next thing she knew, she was getting up from the pavement.

The baby stroller was broken and upside down, though her 6-month-old child suffered only bruises. Her 12-year-old daughter had a broken ankle. Her son Alexander was dead from a broken neck and massive head injuries.

Schmidt, who had lived in the 5300 block of North Leavitt Street in the Lincoln Square community when the incident occurred, was sentenced to 40 years for murder, 15 years for aggravated possession of a stolen motor vehicle and 5 years each for the aggravated batteries of four Diaz family members and Yzaguirre.

Last week, the First District Appellate Court in a unanimous ruling reversed the forcible-felony murder conviction, finding that Yzaguirre did not suffer the “great bodily harm or disability” necessary for the charge.

The court also reversed the aggravated battery convictions stemming from injuries the other Diaz family members received, finding that Schmidt’s actions were “reckless” but not “knowing.”

“There was no evidence that defendant contemplated that striking a pedestrian with the SUV might be necessary to elude the police” the court wrote.

The Law Offices of James E. Fabbrini have years of experience protecting people charged with drunk driving. From first time offenders to felony DUI, our Chicago DUI lawyers have successfully fought DUI charges in Chicago and the surrounding areas.

Protect your freedom, avoid trouble, and save yourself money. Contact our office today. All consultations are absolutely free. Call us at (312) 494-3131 or e-mail us your questions at Contact@WindyCityLawFirm.com.