Dashonn Maggette, the 39-year-old Chicago man who in 2023 was convicted during a trial that a jury foreman called a coverup as the judge kept sealed a ballistic test report, was sentenced to 16 years in prison last week.
The sentence came after an intense hearing October 24 at the Leighton Criminal Court Building, where Maggette remained defiant in maintaining his innocence as he spoke out against what he felt was an injustice before Judge Nicholas Kantas.
Disillusioned after he was denied a new trial, Maggette urged Kantas to get his sentencing hearing over with after growing tired of proceedings that he and his relatives felt were biased and favored two Chicago police officers who were allowed to make contradicting statements in court.
More than a year after Maggette was convicted of armed habitual criminal and aggravated battery, Maggette’s mother, Melanie, and his grandmother, Nora Young, were relieved when Kantas announced Maggette’s sentence. They, along with Maggette’s sibling and friends attended Maggette’s sentencing hearing and left feeling hopeful.
“I thought it (the sentencing) was going to be worse,” Melanie said.
Of the 16 years, Maggette is expected to serve just over six years after he spent seven years awaiting trial in Cook County jail. It’s uncertain what Illinois jail Maggette will serve the rest of his sentence. His public defender, Karin Talwar, told Maggette’s parents that she will appeal his case to an Illinois appellate court.
The sentence was shorter than the 30 years that prosecutor Michelle Spizzirri had asked Kantas to impose. She cited Maggette’s past two criminal convictions on his record and said Maggette remains a danger to the community.
Maggette was convicted of armed habitual criminal and aggravated battery in 2023 after he had a scuffle with Chicago Police Officers Patrick Forbes and Michael Hudson in an apartment building in Chatham in 2017. Hudson was shot in the hand and was later treated at a hospital. Maggette was shot twice and nearly died before he was placed on a ventilator.
The officers said Maggette had a gun, but Maggette said he did not. A ballistic test report that could help Maggette’s case has been sealed from the media and the public since 2017. The original judge in the case, Lawrence Flood, retired months after the Crusader began reporting on the case. Kantas was given the case after he was appointed to fill Flood’s position. Oscar Morales, who served as the jury foreman in Maggette’s trial, said the proceedings were a “cover-up” and that he was pressured to convict Maggette despite having doubts about whether he had a gun.
When informed that Maggette was sentenced to 16 years, Morales texted the Crusader and said, “I’m sad and disappointed with our legal system. I feel guilty that my jury verdict is what led to this.”
Please inform the lawyer, if you can, of my willingness to assist and keep me updated, especially with the ballistic report.”
After Maggette was convicted on June 29, 2023, his sentencing hearing remained in limbo as Kantas heard arguments from a Crusader attorney to unseal the ballistic test report. The report was sealed without a public hearing and no reason was given to keep it off limits to the media.
After inheriting the case from Flood, Kantas denied the Crusader’s request and kept the document sealed. He also denied Maggette’s motion for a new trial after his public defender, Karin Talwar, argued that Maggette’s trial under Flood was tainted. During Maggette’s sentencing hearing, Kantas also denied Talwar’s request to reconsider giving her client 16 years in prison.
During the hearing, Spizzirri said Maggette was armed with a gun. But moments later, Talwar said Maggette was not armed and he almost died before he received a massive blood transfusion. She said Hudson and Forbes were “reckless” in chasing Maggette and firing shots in a stairwell that was pitch black. She cited a U.S. Justice Department report in 2017 that found a pattern of behavior among police officers who engage in reckless foot pursuits that put themselves and residents in danger. She noted that a cell phone video from a bystander showed Maggette running away from police.
“It shows a lack of aggressiveness [from Maggette.] It’s not unusual for people to be afraid of police.”
During the hearing, Talwar asked Kantas to give her client a minimum of six years. She objected to Spizzirri’s request to give Maggette the maximum 30 years. In the end, Kantas said he based his sentence on Maggette’s criminal past of two felony convictions and the fact that the scuffle with police officers occurred during Maggette’s parole. In his ruling, Kantas said his sentence aimed to act as a “deterrence” for Maggette.
“Looking at the defendant’s past history, it is extremely concerning to the court,” Kantas said in his ruling.
Maggette did not leave the courtroom quietly. Before Kantas sentenced him, Maggette accepted the judge’s offer for him to make a statement. With Forbes and Hudson watching the proceedings from the public seating area, Maggette said, “For the record, I’m innocent. I hear what the state says she’s going by what the officers told her. There was no gun. I did not have a gun. The audio from the [from the video] shows they were lying. And the sealed ballistic test report. Why didn’t you want the public to know [about it?]
“I’m innocent,” Maggette said. I keep telling you that. I didn’t do it and the officers know that. I shouldn’t get 30 years. I shouldn’t get nothing. If you’re going to punish me, punish me for what I did, not because of my past.”
Kantas then began reading Maggette’s sentence. Then Kantas stopped and accused Maggette of not paying attention and told him, “You look at me while I’m doing this.”
In response, Maggette, who was sitting next to Talwar, said, “Whatever you gone do, do it.”
Kantas responded, “This defendant is guilty. You’re not going to talk to me like that.”
That’s when Maggette stood up, and Kantas said, “Note, the defendant is getting up. Sit down.”
Maggette obeyed as two Cook County correction officers walked towards him. After he sat down, Maggette continued to tell the court that he was an innocent man who will be back in Kantas courtroom to clear his name.
“Do what you got to do,” he told Kantas.
During the hearing, Maggette’s mother, was among several people who were allowed to voice their appeals to Kantas before he sentenced Maggette.
“Dashonn is a very loving and good person,” Melanie told the court. “He goes out of his way to help people whenever he can.”
“He has a daughter that really needs him. I’m asking that you be lenient with my son. Please do not give him the maximum sentence.”
Nora Young, Maggette’s grandmother, who traveled from Michigan to attend the hearing, said, “This is very hard for me. I never had to go through anything like this.”
