1. Harold Sowards II
CJ 322, Tu/Th 9:30
10/13/15
People v. O’Neil
550 N.E.2d 1090 (Ill. App. 1990)
1. Facts
Feb. 10, 1983 Stefan Golab disconnects a pump on a polyurethane tank and
begins to stir it with a rake, becomes dizzy and faint and then heads to the
breakroom where his body trembles and he begins foaming at the mouth. Loses
his consciousness and is escorted outside. Paramedics can’t revive him and he is
pronounced dead upon arrival at Alexian Brothers Hospital.
Cook Co. medical examiner performs autopsy and wants to pronounce him dead
via heart attack, but waits till the toxicology reports comes in. Toxicology reports
show that he died from acute cyanide poisoning through the inhalation of such
fumes in the plant’s air.
Steven O’Neil, Charles Kirshbaum, and Daniel Rodriguez are indicted by the
grand jury
Proceedings begin on Jan. 1985 and last through June and during this 29 day
trial, 59 witnesses give 2,300 pages of trial transcript
June 14,1985 the judge issues his verdict
Charged the three with murder stating them as high managerial agents of Film
Recovery and therefore created the strong probability of Golab’s death on Feb.
10. Each are sentenced for 25 yrs and O’Neil and Kirshbaum are fined $10,000.
Grand jury charged Film Recovery and Metallic Marketing with involuntary
manslaughter for the actions of their agents and are fined $10,000 each
Appeal
July 1987 the Appellate Court reversed
2. Issue
Is the trial evidence sufficient enough to bar a retrial?
3. Holdings
Yes, reversed/remanded
4. Reasoning
In Illinois a corporation is criminally responsible for offenses performed by high
managerial agents acting within the scope of their employment. They use Ill. Rev. Stat.
2. 1981, Chp. 38, par. 5-4 (c) (2) to define what a high managerial agent is. Records show
that there is evidence regarding the plant’s poor working conditions. Testimony talks
about the air quality and the health problems of the workers. Evidence shows that there
was no evidence that the workers knew there was a possibility to work with cyanide,
nor was there any safety instruction or equipment given to deal with such situations.
O’Neil, Kirshbaum and Rodriguez are responsible for the operation of the plant under
such conditions and therefore can be held liable for it.
