I posted this in the other TK thread, but:
"There's not a great deal of information regarding the trial or the verdict, but there's nothing to suggest that the charges weren't downgraded, that he wasn't tried for second degree murder, or that second degree murder wasn't an option available for conviction. Illinois has provisions for manslaughter charges, but they're not relevant to this situation.
In Illinois a conviction of first degree murder may be predicated solely on an defendant killing an individual while in the act of committing (or attempting to commit) a "forcible felony" – which aggravated battery falls under, which Kennedy was convicted of, and what ultimately killed Josiah. This would seem to suggest that first degree murder wasn't the charge being defended."
I wrote that message some time ago, but I believe my thinking is that it had been pleaded down to only aggravated battery, which was wrong.
Looking into the statute regarding second degree murder:
"(a) A person commits the offense of second degree murder when he or she commits the offense of first degree murder as defined in paragraph (1) or (2) of subsection (a) of Section 9-1 of this Code and either of the following mitigating factors are present:
(1) at the time of the killing he or she is acting under a sudden and intense passion resulting from serious provocation by the individual killed or another whom the offender endeavors to kill, but he or she negligently or accidentally causes the death of the individual killed; or
(2) at the time of the killing he or she believes the circumstances to be such that, if they existed, would justify or exonerate the killing under the principles stated in Article 7 of this Code, but his or her belief is unreasonable.” – 720 ILCS 5/9-2(a)"
Neither of the mitigating factors seem to apply to this case. First degree makes sense given the circumstances, while second degree doesn't given that punching someone doesn't necessarily imply that you're trying to kill them. I believe that manslaughter only applies to specific vehicular circumstances.
It's strange that he was convicted of a forcible felony that resulted in death, but was able to avoid a first-degree murder conviction, given that there's no requirement for intent.
Edit: RIP Josiah Kassahun.