Man accused in blow dart attacks charged with felony

Man accused in blow dart attacks charged with felony

CHAMPAIGN — A Champaign man arrested Thursday for allegedly shooting two people with blow darts earlier this month has been charged with a felony.

The Champaign County state's attorney's office Friday filed two counts of aggravated battery against Todd Farthing, 19, who listed an address in the 900 block of Berwick Drive, Champaign.

Acting on a tip, police arrested Farthing, who also listed an address in Macon, at Parkland College on Thursday where he is a student.

He's charged with shooting a 21-year-old woman with a dart in the left forearm as she was walking north on Fourth Street crossing John Street about 8:25 p.m. on Tuesday, Aug. 20. He's also charged with striking a second person, a 35-year-old Urbana man who was walking east on Springfield Avenue crossing First Street, with a blow dart in the forearm about 10 p.m. that same day.

Assistant State's Attorney Scott Bennett said police received three anonymous tips that sent them to Farthing's home Thursday. They talked to his roommate, who had found a blow dart on their kitchen floor but threw it away. Police recovered that one from the trash and found a second one.

When they talked to Farthing, he initially denied having a blow gun but later admitted that he had purchased one recently but threw it away. He admitted being in a car with other people on Aug. 20 and shooting the blow dart gun out the window but said he didn't mean to hit anyone.

However, Bennett said police also located a woman who was in the car who said Farthing made a comment that indicated he knew he had hit the woman with the dart.

Aggravated battery is a Class 3 felony carrying penalties ranging from probation to three to five years in prison upon conviction. The charges allege that the victims were struck as they walked on a public way. Both were treated and released from Carle Hospital. Police recovered those darts as evidence.

Judge Richard Klaus set bond for Farthing at $5,000 and told him to be back in court with his attorney Walter Ding of Champaign on Oct. 8.

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Mr Dreamy wrote on August 30, 2013 at 3:08 pm

"Someone does not yet realize that he's facing charges of attempted homicide."said pretend lawyer Rob McColley on August 2nd.

FYI, there is no such thing as "attempted homicide".  Just thought you should know.  

ROB McCOLLEY wrote on August 30, 2013 at 3:08 pm
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 (720 ILCS 5/8-4) (from Ch. 38, par. 8-4) 

    Sec. 8-4. Attempt. 
    (a) Elements of the offense. 
    A person commits the offense of attempt when, with intent to commit a specific offense, he or she does any act that constitutes a substantial step toward the commission of that offense. 

 

(720 ILCS 5/Art. 9 heading)

ARTICLE 9. HOMICIDE

 

    (720 ILCS 5/9-1) (from Ch. 38, par. 9-1)
    Sec. 9-1. First degree Murder - Death penalties - Exceptions - Separate Hearings - Proof - Findings - Appellate procedures - Reversals. 
    (a) A person who kills an individual without lawful justification commits first degree murder if, in performing the acts which cause the death: 
        (1) he either intends to kill or do great bodily harm    to that individual or another, or knows that such acts will cause death to that individual or another; or        (2) he knows that such acts create a strong    probability of death or great bodily harm to that individual or another; or        (3) he is attempting or committing a forcible felony    other than second degree murder.

 

ROB McCOLLEY wrote on August 30, 2013 at 3:08 pm
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Guess again.

ronaldo wrote on August 30, 2013 at 4:08 pm

Mr. Creamy -------> been schooled!

aurum79 wrote on August 30, 2013 at 3:08 pm

Wisegeek:
Attempted homicide is a criminal act where someone tries to kill another human being. Various jurisdictions handle this charge in different ways, and there is no universal definition. It may also be known as attempted murder, depending on how the criminal code is drafted. Penalties can include prison time, fines, and liability for civil suits if it is possible for someone, usually the victim, to claim damages related to the act.

In some regions, an attempted homicide charge can only be used when someone engages in physical activity with the intent to kill, such as firing a gun at someone or engaging in a severe beating. These cases involve situations where it is clear the defendant would have killed the victim if given a chance to do so, but was either interrupted or unable to complete the crime for other reasons. This is a fairly strict definition of attempted homicide.

Other definitions include situations where people were clearly planning a murder and had a target in mind, even if they didn't physically assault the victim. People who purchase supplies for a murder, discuss their plans with other parties in a conspiracy, and engage in similar activities can be liable for attempted homicide in some jurisdictions. This looser definition can be slightly more challenging to prove, as people may be able to come up with alibis for the suspicious behavior and use these as defenses.
In order to prove a charge of attempted homicide, the prosecutor must be able to show that the defendant knowingly committed the action with the intent to kill. If the defendant cannot be clearly linked to the situation, there are doubts about whether the defendant knew what she was doing, or the defendant had no intent to kill, the charges cannot stick. It is possible the charges may be downgraded to charges like assault or battery, depending on the circumstances.Most jurisdictions distinguish between homicide, involving malicious intent, and manslaughter, where a person is killed but the death was accidental. A person who guns a car engine and runs someone down in a parking lot can be convicted of homicide, while another person who accidentally applies the gas instead of the brake and hits someone in the process would be brought up on charges of manslaughter. Since manslaughter is usually considered an unfortunate accident, the concept of “attempted manslaughter” is not used in very many jurisdictions.
 

Mr Dreamy wrote on August 30, 2013 at 5:08 pm

The offense is "attempted murder". No one is ever charged with "attempted homicide" because some homicides are not crimes. For example, when a person kills a person in self defense, it is a homicide, but not murder. When a police officer kills a fleeing felon, it is homicide, not murder.

 

Homicide means simply the taking of a human life. Murder means something else entirely.

Schooled. 

ROB McCOLLEY wrote on August 30, 2013 at 7:08 pm
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1L?

 

The offenses are, as cited above, "Solicitation, Conspiracy and Attempt" and "Homicide."  

 

Various subcategories within the Homicide statute include "murder." You'd have to have evidence (physical and/or testimonial) to determine which kind of homicide is involved. Felony murder, Intentional Homicide of an Unborn Child or even first degree murder are all possibilities within the Illinois statute. It just depends on what the accused was trying to do, whether his darts were capable of penetrating vital organs (and whether he knew they were so capable), whether he used any toxins on his darts, whether his victim suffered a post-attack miscarriage, etc. 

Let's say the accused, hoping to avoid a lifetime of child support payments, sought to induce a miscarriage by shooting his ex with a blow dart tipped with an abortifacient, and then later shot some random guy to make it seem like an arbitrary attack, you'd have an obvious case for the specific category of homicide mentioned above.

 

It's impossible to determine the appropriate subcategory of homicide without knowing the identity of the perpetrator, or specific facts about his plan, the weapons and victims. 

 

Here's the entire Criminal Code. Ctrl + F for yourself.

 

CRIMINAL OFFENSES
(720 ILCS 5/) Criminal Code of 2012.

 View Entire Act

 

Title I - General ProvisionsArticle 1 - Title And Construction Of Act State JurisdictionArticle 2 - General DefinitionsArticle 3 - Rights Of DefendantTitle II - Principles Of Criminal LiabilityArticle 4 - Criminal Act And Mental StateArticle 5 - Parties to CrimeArticle 6 - ResponsibilityArticle 7 - Justifiable Use of Force; ExonerationTitle III - Specific OffensesPart A - Inchoate OffensesArticle 8 - Solicitation, Conspiracy and AttemptPart B - Offenses Directed Against the PersonArticle 9 - HomicideArticle 10 - Kidnaping and Related OffensesArticle 10A - Trafficking of Persons and Involuntary Servitude (Repealed)Article 11 - Sex OffensesSubdivision 1 - General DefinitionsSubdivision 5 - Major Sex OffensesSubdivision 10 - Vulnerable Victim OffensesSubdivision 15 - Prostitution OffensesSubdivision 20 - Pornography OffensesSubdivision 25 - Other OffensesArticle 12 - Bodily HarmSubdivision 1 - DefinitionsSubdivision 5 - Assault and BatterySubdivision 10 - EndangermentSubdivision 15 - IntimidationSubdivision 20 - MutilationSubdivision 25 - Other Harm OffensesArticle 12A - Violent Video GamesArticle 12B - Sexually Explicit Video GamesArticle 12C - Harms to ChildrenSubdivision 1 - Endangerment And Neglect OffensesSubdivision 5 - Bodily Harm OffensesSubdivision 10 - Curfew OffensesSubdivision 15 - Miscellaneous OffensesArticle 14 - EavesdroppingPart C - Offenses Directed Against PropertyArticle 15 - DefinitionsArticle 16 - Theft and Related OffensesSubdivision 1 - DefinitionsSubdivision 5 - General TheftSubdivision 10 - Retail TheftSubdivision 15 - Identity TheftSubdivision 20 - Miscellaneous Theft-related OffensesArticle 16A - Retail Theft (Repealed)Article 16B - Protection of Library Materials (Repealed)Article 16C - Unlawful Sale of Household AppliancesArticle 16D - Computer CrimeArticle 16E - Delivery Container Crime (Repealed)Article 16F - Wireless Service Theft (Repealed)Article 16G - Financial Identity Theft and Asset Forfeiture Law (Repealed)Article 16H - Illinois Financial Crime Law (Repealed)Article 16J - Online Property Offenses (Repealed)Article 16K - Theft of Motor Fuel (Repealed)Article 17 - DeceptionSubdivision 1 - General DefinitionsSubdivision 5 - DeceptionSubdivision 10 - Fraud on a Governmental EntitySubdivision 15 - Fraud on a Private EntitySubdivision 20 - Fraudulent TamperingSubdivision 25 - Credit and Debit Card FraudSubdivision 30 - Computer FraudSubdivision 35 - Miscellaneous Special FraudArticle 17a - Disqualification For State Benefits (Repealed)Article 17b - WIC FraudArticle 18 - RobberyArticle 19 - BurglaryArticle 20 - ArsonArticle 20.5 - Causing a Catastrophe; Deadly SubstancesArticle 21 - Damage And Trespass To PropertySubdivision 1 - Damage To PropertySubdivision 5 - TrespassSubdivision 10 - Miscellaneous OffensesArticle 21.1 - Residential PicketingArticle 21.2 - Interference With A Public Institution Of EducationArticle 21.3 - Solicitation On School Property (Repealed)Part D - Offenses Affecting Public Health, Safety and DecencyArticle 24 - Deadly WeaponsArticle 24.5 - Nitrous OxideArticle 24.6 - Lasers And Laser Pointers (Repealed)Article 24.8 - Air RiflesArticle 25 - Mob Action And Related OffensesArticle 26 - Disorderly ConductArticle 26.5 - Harassing And Obscene CommunicationsArticle 28 - Gambling And Related OffensesArticle 29 - Bribery In ContestsArticle 29A - Commercial BriberyArticle 29B - Money LaunderingArticle 29C - International Terrorism (Repealed)Article 29D - TerrorismPart E - Offenses Affecting Governmental FunctionsArticle 30 - Treason And Related OffensesArticle 31 - Interference With Public OfficersArticle 31A - Interference With Penal InstitutionArticle 32 - Interference With Judicial ProcedureArticle 33 - Official MisconductPart F - Certain Aggravated OffensesArticle 33A - Armed ViolenceArticle 33B - Mandatory Life Sentence; A Third or Subsequent Forcible Offense (Repealed)Article 33C - Deception Relating to Certification of Disadvantaged Business Enterprises (Repealed)Article 33D - Contributing to the Criminal Delinquency of a Juvenile (Repealed)Article 33E - Public ContractsArticle 33F - Unlawful Use of Body ArmorArticle 33G - Illinois Street Gang and Racketeer Influenced and Corrupt Organizations LawTitle IV - Construction, Effective Date and RepealArticle 34 - Construction And Effective DateTitle V - Added ArticlesArticle 36 - Seizure And Forfeiture Of Vessels, Vehicles And AircraftArticle 36.5 - Vehicle ImpoundmentArticle 37 - Property ForfeitureArticle 37.5 - Animal Fighting ForfeitureArticle 38 - Criminally Operated BusinessesArticle 39 - Criminal Usury (Repealed)Article 42 - LootingArticle 44 - Telecommunications Devices (Repealed).Article 45 - Disclosing Location Of Domestic Violence Victim (Repealed)Article 46 - Insurance Fraud, Fraud On The Government, And Related Offenses (Repealed)Article 47 - NuisanceArticle 48 - AnimalsArticle 49 - Miscellaneous Offenses

Mr Dreamy wrote on August 30, 2013 at 7:08 pm

You are partially correct, just as you must have been partially correct when you took, and failed, the bar exam.

There is no offense of "attempted homicide". Your scenario of attempted homicide of the unborn is such a stretch as to be preposterous.

No, I am not a 1L. The problem with people who shoot from the hip is they believe they are right without a basis for that knowledge.

Pass the bar exam, get licensed, then we'll talk.

ROB McCOLLEY wrote on August 30, 2013 at 8:08 pm
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You're not very good at search are you? This stuff is published on the internets, you know?

 

I took the bar exam one time. I passed. I had a gig in New York during the mass ceremony, so I was sworn in privately by Justice Benjamin Miller, in his office, on November 23, 1998. We talked about music. His roommate from Vanderbilt Law was Cher's attorney. He said Chastity served them iced tea on the veranda.

 

Guess again.

Mr Dreamy wrote on August 30, 2013 at 8:08 pm

So you were, I stand corrected. However, according to the ARDC, you are not authorized to practice law. In other words, right now, you are not a lawyer.

ROB McCOLLEY wrote on August 30, 2013 at 9:08 pm
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I'm sure there's more you know about me, right?

 

Yes, like Michelle Obama and Dick Durbin, I am "voluntarily inactive." Someday I may,  like Barack Obama, change my registration status to"retired" and save the hundred and five bucks.

 

Or perhaps, like Timothy V. Johnson, I'll return to active status.

 

Thanks for stalking by.

Skepticity wrote on September 03, 2013 at 10:09 pm

I thought that the posts under this story would discuss the arrest of a man for apparently random attacks on pedestrians on the street by shooting blow darts out of a car.  The dart and the holes it left in the victim's arm were quite disturbing. 

I thought the posts would discuss the alleged offenses and possible legal consequences for the alleged offender. 

I thought that the posts would discuss the recent decline in the safety of people on the streets of Champaign-Urbana. 

I am disappointed that it devolved into a p*****g contest between individuals trying to discredit each other with long posts more about themselves than the offenses. 

I am very troubled by the increase in attacks on people in our community, be it blow darts from a car or persons battering, robbing, threatening people with guns, or shooting guns.  Our community seems much less safe than in the past. 

It seems that to be safe you should either stay home behind security doors or prepare to defend yourself by whatever means you choose, if you dare go out on the street.  Threats to the lives and safety of citizens are now a very frequent occurance in this town.