Following bench trial, defendant, who was former police officer, was convicted in the Circuit Court of reckless endangerment for failing to prevent unprovoked and spontaneous assault on individual by a third person that occurred in defendant’s presence. Defendant appealed.
The Appellate Court affirmed. Defendant filed petition for a writ of certiorari.
The Supreme Court held that:
- State failed to prove that defendant owed duty to protect individual from third person’s kicking individual in head, and
- State failed to establish that special relationship existed between defendant and individual for purposes of special relationship exception to public duty doctrine.