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UPDATE: Judge Cavanaugh finds for defendant James Love in Knox County fatal shooting

August 6, 2018

Image via Galesburg Register-Mail

Judge Raymond Cavanaugh rejected a probable cause to continue Knox County Assistant State's Attorney Brian Kerr's indictment for murder in the shooting death of Xavier Hartman.  However, because of the previous grand jury charges, the charge will remain in effect.  I am not a lawyer so that may not be exactly right.

Anyway, on the night in question, Hartman and his buddy Glisten had been out drinking most of the day.  Driving home with a .234 BAC, Hartman crashed his pickup truck, rolling it onto its side.

The two intoxicated young men bickered back and forth, drawing Love out of his house to see if they needed aid.  They didn't.  When Love went to call 9-1-1 to report the crash, Hartman attacked him.  Seems little Xavier didn't want a DUI arrest. 

Glisten testified today that when Hartman's been drinking he's violent and unpredictable.  "Even is own mother's afraid of him when he's drinking," Glisten said at the hearing.  Anyone want to wager that's why mom filed for the Order of Protection earlier this year? 

Furthermore, Glisten said Hartman was looking for a fight that night, as he's one to do when he's drunk.

Hartman attacked Love, nailing him with a good punch.  That's when Glisten ran.  Somewhere about here, Glisten heard the gun rack and Love telling Hartman to get off him.  Hartman pressed the attack and Love said he fired two warning shots.

Even after the warning shots, Hartman pressed the attack, and that's when Love tried to shoot Hartman.  The round hit him in the leg and at that point, the struggle pretty much ended.  Especially as the intoxicated Hartman's fight literally bled out of him.

Love told the deputies that he was worried Hartman was going to try to disarm him.  Also, the defense introduced a photo of the injuries Love received in the confrontation.  In short, Love got worked over.

Glisten needs to go into witness protection, because he utterly eviscerated the State's already weak case.

Is it any wonder the state wants a continuance instead of taking this flea-infested mangy dog of a case to trial?

Frankly, the voters ought to be outraged over the ASA pursuing this baseless case against an innocent man.

Way to go Kerr.  Looks like your dreams of national fame and notariety are fading like the setting sun.  Good riddance.

Watch this link from the Register Mail for a more formal update from this afternoon's hearing.

 

43 Responses to UPDATE: Judge Cavanaugh finds for defendant James Love in Knox County fatal shooting

  1. Seamus on August 6, 2018 at 5:08 pm

    Thats good news for Mr. Love. Kerr overcharged this hot mess of a case that should never have gone to trial.

  2. Linda on August 6, 2018 at 6:25 pm

    Kerr is only pressing this because he is afraid of this kid's family.  They have raised a real campaign to get even with Mr. Love and anyone else that doesn't side with them.

    They have threatened the lives of Love and his family. And no doubt the Clevenger (Glissan) kid willl be the target of their wrath.  

    Mob action at it's best.

  3. old buzzard on August 6, 2018 at 7:33 pm

    Wow! Keeping my fingers crossed for Mr. Love for what all lies ahead.

  4. Joe on August 6, 2018 at 9:07 pm

    Dont blame Kerr he answers to the Democrat elected states attorney. 

    • Joe on August 7, 2018 at 9:07 am

      Well we see how well Republicans, or is it Russia, run this country.

  5. Aliyah Alvis on August 6, 2018 at 10:12 pm

    Honestly this is the most disrespectful post i have ever seen. How are you going to mock a young kid that lost his life at 19. “Seems little Xavier didnt want a DUI arrest” Yet regardless of what Xavier did he would never kill anyone. James Love did. There is no reason he  should have ever brought a gun to a car accident in the first place. I knew Xavier personally and he never deserved to die. He made a mistake that a majority of kids do. Whether it be your child, your brother or sister, even a niece or nephew how would you feel if this happened to one of them? You’d want justice too. Him and his mom may have had there problems but what teenager doesnt have problems with there parents? Ask Missy how she feels about  burying her baby and see how she feels. James Love deserves prison time and theres nothing else to it. He’s lucky the law isnt an eye for an eye anymore.

    • Shari on August 6, 2018 at 11:15 pm

      You're trying to justify this young punks behavior. It's ok if he attacked & beat up an old man. A man that trying to help & do the right thing by calling authorities. But you think this guy who was defending himself deserves prison time. You are totally ridiculous. The kid was still trying to go after him after two warning shots.

       

       

    • Morning Rush on August 7, 2018 at 7:21 am

      I have no doubt the mom feels terrible needing to go to her son’s funeral.  However, if her son had not apparently made a series of very poor choices that day, he would still be here.  I knew that by the tone of earlier posts that Boch must have known information that was not public to get behind the farmer so aggressively.  And so early in the case.

      yeah, a DUI arrest would not have gone over well for Xavier.  And he knew it.  He didn’t want to go to jail.  He made a lot of mistakes that day,, including physically attacking and injuring an innocent Good Samaritan.  

      While I will stop short of saying James Love deserves a medal, it is clear he does not belong in prison.

    • Bilyd on August 7, 2018 at 11:32 am

      You clearly have a diminished capacity of understanding.  What the criminal did was caused by his own actions.  Alcohol is, and has never been nor will it ever be a defense.  I doubt you are capable of understanding this fact. Mr. Love attempted to aid persons whom he had no knowledge about when they were involved in a automobile crash. BTW, it's not an accident when you drink and act like a fool.  I know in your clouded judgment you feel that because the cops were going to arrest your worthless, now rightfully dead, friend you feel that its justified for the criminal to attack anyone.  You need mental help since you have such a belief.  No wonder we are having so many problems.  Morons like you believe that crimes are no big deal. This scumbag got exactly what he deserved.  He's rotting in Hell as we speak.  He's where he belongs. 

    • T.H>E. Bear on August 7, 2018 at 1:52 pm

      Well Alice besides being a delusional apologisat for a violent felon engaged in attacking an older man do you kick pupies and drown kittens. Your garbage post is ridiculous in the extreme. If that doucche of a drunk had attacked me there would have been NO warning shots just 2 to the center of mass to stop his criminal assault. Only in communist Illannoy would Mr. Love be charged for DEFENDING himself from a drunken thug.

      Its too bad your a delusional SJW with no cconcept of reality.

    • William on August 7, 2018 at 10:45 pm

      Blah Blah Blah the kid was a punk and trouble.

    • ChanceMcCall on August 8, 2018 at 7:04 pm

      I'm curious as to what you know that would cause you to state that "Xavier would never kill anyone".

      One of the criteria that I am surprised that has not been discussed is that Xavier was a 19 year old bodybuilder and James Love is 60 years old. Add to that Xavier has a history of violence to others and was drunk. Granted that I am older than Mr. Love, if Xavier had attacked me, I also would have shot him. Maybe I would not have done in in the same manner as Mr. Love, but our experience and expertise is different. Senior citizens are never as able to defend themselves as they were when they were younger, and a 19 year old bodybuilder who likes violence is nobody for a senior citizen to mess with.

      By the way, I carry a gun whereever I go. Most farmers responding to a situation on or near their farms do the same. I know because I grew up on a farm in Henry County. The ability of any law enforcement to respond to rural situations is highly constrained – meaning among other things too slow to make a difference. Your statement and presumptions are sophistry. 

      Finally, what is this justice you speak of? Your point of view of what justice is obviously disagrees with others posting here, and their point of view may not be considered justice on some other website. All of us see and hear mothers and fathers whining about their precious kid who was just turning their life around after they are killed by law enforcement or by rival gang members almost every day thanks to TV news. Just because the parents are sad, or seeking a payday, doesn't make them right. 

  6. Amir Turoku on August 6, 2018 at 10:31 pm

    ^his property, he doesnt need a reason to carry other than he wants to. The fact remains he had the crap knocked out of him, and obviously he feared for his life. Its tragic a life was lost, I agree… but sometimes the choices we make result in consequences we really dont want. Last I checked, it's not illegal to defend yourself. Old man isnt going to win against a young man, old man used a tool, he won. That is literally how the world works. Read a history book.

    • Krystle on August 6, 2018 at 11:16 pm

      Obviously you didn’t pay attention because he wasn’t even on love’s property and and last I checked it’s only self defense to shoot once not twice! I find it sick that everyone wants to put a deceased teen and his mother on trial for another man MURDERING AN UNARMED TEEN! If it were reversed it would of been murder in your eyes too but I see that some people have a say in wether an UNARMED teens death was Justified by a man with a Semi Automatic gun ! Completely Ridiculous and Justice will prevail! Karma will touch each and every one of you heartless individuals and I pray it comes fast and hard! 

      • Lonny Wilcox on August 7, 2018 at 12:30 am

        Interesting, 1 shot is self defense but 2 is murder. You shoot until the threat stops period. If it takes 1 or if it takes 10 doesn't matter, it is still self defense. 

        It is unfortunate that it took killing him to make him stop but no one is going to cry for him because he brought it upon himself. 

      • jboch on August 7, 2018 at 10:22 am

        " Completely Ridiculous and Justice will prevail! Karma will touch each and every one of you heartless individuals and I pray it comes fast and hard!  "

        Sounds like your words are edging up close to a threat.  Just so you know, Krystle, you'll find most of us the most polite people out there.  We'll hold the door for you, help you if you fall, and even administer CPR if you need it.  But if you go beating on us, or trying to slash us with a knife or pull a gun on us, you'll find more than a few of us a lot harder target than an old farmer half-asleep in the middle of the night.

      • Suzy on August 7, 2018 at 10:56 am

        Actually he was on Love’s property when the shot was fired 

      • T.H.E. Bear on August 7, 2018 at 1:56 pm

        [Edit:  Please be nice.  Well, at least nicer than this.]  He got the fight he was looking for and he picked poorly. Would you be as sad for the vicitim if that drunken [underage teen] had beat him to death, I think NOT. DOnt go away mad just go away [delete].

         

        Please, no personal attacks. jb

      • Alex on August 19, 2018 at 8:26 am

        Uhm… Krystal?  Just curious, exactly where did you check that "it's only self defense to shoot once…"?

  7. Jhiggons on August 6, 2018 at 11:54 pm

    Regardless of what the jury decides, a young man died. That is tragic. And an older man will have to live with the fact that he killed a teenager. That is also tragic. One life was lost, many were ruined. No one should be celebrating this case. Everyone involved lost.

    What GSL should be doing is teaching gun owners what they could do differently to avoid Mr. Love's mistakes.  What was the correct course of action here? Maybe calling the authorities and staying in the safety of your home? Maybe not getting within punching range of a stranger? Maybe not carrying a firearm if you don't know the laws?

    One more thing, being drunk does not make a person a punk, and if so, a lot of you are hypocrites, or punks yourselves. 

    • johnjohn on August 9, 2018 at 8:15 pm

      You Mr. Jhiggons are absolutely right….there are lessons to be learned here just as there were many lessons learned in the George Zimmerman case……being a pro second amendment supporter and a concealled carrier myself, I would have kept my distance and called 911…..deadly force is only justifiable when three elements are present….ability, opportunity and jeopardy….Mr Love put himself in a position where all three elements came into play when he thought he could be of help to the parties inside the crashed car…..he has a right to render first aid to the crash victims, but he does not have a duty to render first aid or any other kind of assistance….I suppose if Mr. Love chose to remain near his house and called for help and the parties in the crashed car were seriously injured and bleeding out the chances would be  good they may be dead by the time first responders arrived…..the same thing applies to defending the life of a third party in a hold up, car jacking  etc…..you have a right to come to their defense, but you have no duty to come the their rescue….if you choose the escape route instead of intervening you cannot be held legally liable if the outcome ends badly for the victim…..if I was Mr Love I would have stayed near my house with a high powered rifle and my carry gun at the ready while calling 911 and let the first responders do their jobs.

  8. S Sweeney on August 7, 2018 at 12:27 am

    There are several articles on this site about this case and I've read the comments on them all. 

    I'm surprised and disappointed to hear so many racist comments that mention the deceased young man's skin color and that of his mom. This is supposed to be a organization that defends the 2nd amendment and there is no place for racism here. If you truly believe you are better because you are white, turn off your computer and read a non-fiction book about World War II and a man named Hitler.

    I also don't believe there is room in a 2nd amendment organization for heartlessness or a lack of compassion and respect for human life. Even when a person needs to die for the good of society (and that doesn't seem to be the case here),  that person has family and friends. They should be treated with respect and dignity. 

    If we want society as a whole to stand up for the constitution and the rights our ancestors fought and died for, we need to be people worthy of respect. 

    • Morning Rush on August 7, 2018 at 7:23 am

      Reporting the race of those involved, especially in the context of similarities of this case to the Florida Zimmerman case, does not equal racism.

    • old buzzard on August 7, 2018 at 1:53 pm

      "I'm surprised and disappointed to hear so many racist comments that mention the deceased young man's skin color and that of his mom."

      Whatever racist comment it is that you claim to see only perpetuates your concern. In all cases, the sooner, the more often racial comments are ignored, the sooner they become insignificant.

      The only content of this situation is determination of an unprovoked attack and the right to self defense. That's it. Done. In all due respect to the young man who's life has been lost, may he rest in peace.

    • ken on August 8, 2018 at 11:38 am

      I've read allof em too, and I have yet to find a single mention of his race.  Maybe you're just projecting your own race-hate?

  9. Hop on August 7, 2018 at 4:52 am

    Ability, opportunity and jeopardy. Those are the parameters that need to be present in a justifiible use of force. Though the deceased apparently didn't have a weapon his age and size could/would constitute a disparity of force against a 59 year old. The law and the courts recognize that legal aspect of ability. The opportuity certainly was there to utilize that ability and coupled with getting assaulted and punched constitutes jeopardy. Imminence, avoidance, proportionality, reasonableness and innocence. Those legal concepts all seem to have been present as well which would constitute a justified deadly use of force. Illinois is somwhat wishy-washy on one of those legal concepts though and anti-gun prosecutors know it and exploit that the best they can and not always for justice but for politics. Anyone who has studied self-defense law knows which legal concepts that prosecutor is gunning to disprove. 
    Self-defense is really frowned upon by many in our society. It seems they would rather see the defender dead and the attacker sent to prison rather than you exercising your civil, natural, human and constitutional right to self-defense. Jury's are hard to predict but people in general don't like it when good Samaritans get their ass kicked by someone ostensibly needing aid. Everyone's watching and waiting.

    • jboch on August 7, 2018 at 10:24 am

      Well stated, Hop.

  10. Joe on August 7, 2018 at 9:09 am

    Yeah, this article is completely biased and a majority of the informant is wrong. 

    • m. on August 7, 2018 at 9:37 am

      it's ok to tray-von a yt in the usa, correct?

      • GSL 1589 on August 8, 2018 at 11:04 am

        You bet, if that "tray-von" is trying to beat your head against the sidewalk, or beat you until he can overcome your capacities until he takes your personal protection away and kills you with it.

    • jboch on August 7, 2018 at 10:00 am

      I agree that this article differs in some of the facts than the newspaper article.

      However, I'm relying on notes taken by one of our members present at the hearing.

      As for bias, yes, I'm biased towards a good Samaritan viciously attacked by an intoxicated man, who persisted in his attack even after a firearm was pulled in self-defense and warning shots fired.  Hartman's violent, and unprovoked attack against a senior citizen to the point of the farmer needing hospital treatment while merely trying to render aid brought about Mr. Hartman's untimely death.

      Guns Save Life defends your right to defend yourself.  Legally and lawfully.  We don't defend your right to get you butt kicked and pummelled by a drunk punk.  We don't defend your right to get victimized by violent predators.  And we don't defend your right to have your life, freedom or livelihood taken from you by a criminal, drunk or otherwise.

      It's sad that Xavier Hartman died.  It didn't have to happen. 

      If you want to know who to blame, look at Xavier and nobody else.

      #Vengeance4Xavier won't fly here.

      John

      • Joe on August 7, 2018 at 10:32 am

        If you want facts then read the article from yesterday in the Galesburg paper.

      • Morning Rush on August 7, 2018 at 1:08 pm

        Joe, I did.  Still self-defense.

      • Eloise Fry on August 7, 2018 at 9:44 pm

        You really are an idiot, if guns save life ,why didn't it save Xavier? ?.can't answer that can you???This site is a disgrace to the real truth. Love should of turned his ass around when he realized there could potentially be a fight started. He should of left the scene when he realized Xavier was angered. He shouldn't have used a gun to try and calm down an angered man by shooting at him..He should have put some thought into it before shooting, no reason to shoot..

  11. Ken on August 7, 2018 at 5:58 pm

    All this excitement over what is CLEARLY a warranted self-defensive shooting, and…………how many blacks shot HOW MANY OTHER BLACKS in Chicago this weekend?  Nearly a HUNDRED SHOT?   And you people think that we are equals?   I didn't read that any whites were shot nor shot anyone in chitcago this weekend.  Did YOU? 

  12. S Sweeney on August 7, 2018 at 8:26 pm

    How many school shooters have been black? Wow, the stupidity and ignorance that comes out of some people never ceases to amaze me. We are all equal. Execpt for maybe you. 

    • cmnsns on August 8, 2018 at 6:51 pm

      How many shooters in Chicago have been white?  Correct me if I'm wrong, but didn't the mom apply for a protection order against her son?

    • GSL 1589 on August 9, 2018 at 8:51 pm

      Odd that you mention this Ms. Sweeney, in the news there is a BLACK MUSLIM in New Mexico, starving black kids and "teaching" them how to be the next "school shooters". He has been arrested along with a male and 3 female BLACK MUSLIMs, and it is assumed there is remains of his own male offspring, presumably starved to death.

      A SAD situation. Future homegrown terrorists? How many more are there?

  13. Eloise Fry on August 7, 2018 at 9:36 pm

    Gunssavelife, what a joke.You people need to shut this site down.it should absolutely be illegal and unjustly wrong for you morons to post such false information. You all should be highly ashamed of yourselves.I pray that nothing like this happens to you idiots that are writing and posting this shit.You were not there you don't know what happened and never will know.This is just a bunch of stupidit that makes you all look like idiots. You can't even spell the other guts name correctly that was with Xavier, shame on your shit,just sha m e on you!!

     

     

    • GSL 1589 on August 8, 2018 at 10:55 am

      A gun saved the life of an elder gentleman trying to be a "good samaritan" by personally checking on 2 people in an "accident" in the country where possible help might have been extended time away and got beaten up. No good intention goes un-punished trying to help young, drunk punks.

      Being drunk and under-age does not "make a punk", Xavier was a "punk" because of his aggressive actions toward an innocent person who was inclined to try to help accident victims. Xavier was a punk because of his own defective metntal attitude towards other people, including his own mother, who felt intimidated enough at some time to have a restraining order against her own offspring.

      What was the "influence" that tuurned Xavier's mental attitude into an aggressive thug? Was his sperm-donordaddy involved in his life to guide him in this direction or was his mother instrumental in his attitude? No matter who was this punk's guidence councelor, he ended up fatally shot because of his own actions toward a stranger trying to help someone in need of help, period.

    • israelfirst on August 8, 2018 at 12:50 pm

      This post by Eloise Fry on August 7, 2018 at 9:36 pm is a perfect example of why we need to vote and vote republican this fall.

      The Democrats call for censorship immediately if someone disagrees with them. A disagreement is a Disagreement; but when you call for a loss of income, loss of property or loss of rights you cross the line.  

      The Democrats want us disarmed and turned into to slaves of the State in the name of their Bolshevik agenda.  

      JB is a puppet of Madigan and will push for total gun control.

      That means people like Mr. Love will be attacked or worse by these Leftist loons.

      That means “VOTE RAUNER” and “REPUBLICAN” even if you must hold your nose.

      We owe the Democrat party nothing, including our vote.

  14. Joe on August 7, 2018 at 11:15 pm

    Another peace of carp got flushed down the toilet…after reading these post looks like there is more excrement floating in the bowl…"unarmed teen"…please this was a thug and POS hell bent on committing a forcible felony to a peaceable man who was trying to help all because he didnt have the testicular fortitude to own up to what he did…I think we should capture the wolf's remove all their teeth and return them to the wild and do the same for the lions!!! The libtard would say NO that's how they defend themselves and get food…so the filthy animals have more rights than people…smart libtard, very smart…Time for society to hit the lever… Come and take it libtard. 

  15. Citizen on August 8, 2018 at 2:24 pm

    I will say this there are no winners in this case a young man is dead and another man has had his life ruined neither one of them have won in this case