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People v. Kolzow | 301 Ill. App. 3d, 703 N.E.2d 424 (1998)
A person who accidentally kills someone due to criminal recklessness commits involuntary manslaughter. But what kind of conduct rises to the level of criminal recklessness? This was the question in People versus Kolzow.
Donna Kolzow, with her 3-month old son in tow, spent an August night driving around and socializing with friends. Kolzow returned home at 5 A.M. but didn’t go inside her house because she didn’t want to wake her stepmother, who was sleeping. Instead, Kolzow waited nearby until 6:30 A.M., when she noticed that her stepmother’s car was gone. Kolzow then parked her car in the driveway, closed the front windows, and lowered the back windows. After locking the car, Kolzow went inside, leaving her baby in the backseat. Once inside, Kolzow set an alarm for 9:30 A.M. and fell asleep on the couch. The alarm didn’t go off, and Kolzow slept until 10:30. By this time, the baby had died of heat stroke.
The State of Illinois charged Kolzow with involuntary manslaughter, and a bench trial was held in state court. The trial court convicted Kolzow of involuntary manslaughter and sentenced her to 6 months in jail and three years’ probation. Kolzow appealed her conviction to the Illinois Appellate Court, arguing that she hadn’t acted recklessly because she was unaware that the car would get hot enough to endanger the baby.
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