Judge Warns Deerfield Teens After Not Guilty Plea

Josh Norris and Joseph Mahoney plead not guilty to home invasion with a firearm and other charges in Lake County Criminal Court. Judge issues warning about following rules set forth for bail.

Immediately after pleading not guilty to 10 separate felony charges, two Deerfield teenagers accused of invading a Highland Park home Aug. 2 with a stolen shotgun got a warning from Lake County Criminal Court Judge Daniel Shanes Thursday at their arraignment in Waukegan.

In separate hearings 90 minutes apart, Josh Norris, 18, and Joseph Mahoney, 17, of Deerfield, told Shanes they were pleading not guilty to which could lead to more than 100 years in jail if convicted on all counts and given consecutive sentences.

Earlier: Grand Jury Indicts Deerfield Teens

“I don’t know of any 18-year-old who can get their arms around 21 to 46 years,” Shanes said to Norris referring to the home invasion count with a firearm. “Home invasion is the most serious of these charges because of the use of a firearm. If you are convicted it’s six to 30 years. Because of the firearm, if they can prove it, I have to add 15 years.”

When talking to Mahoney, Shanes made the same point in a different way. “That’s longer than you’ve been alive,” the judge told Mahoney when describing the potential 21 to 46-year sentence for home invasion with a firearm.

Shanes let both Mahoney and Norris, who are free on $150,000 bond each, know they must strictly adhere to the terms of their bail or face incarceration while they await trial. Mahoney told the judge he is living in his parents’ home.

“You have to follow their rules as well as my rules,” Shanes said. “If I find you violated their rules I will find you violated my rules. If you break those rules you may stay in jail (until your trial).”

Norris’s attorney, Robert Gevirtz, told Shanes that Norris is attending an out of state therapeutic boarding school and asked the judge to continue to allow that. He agreed but made it clear to Norris he must adhere to all rules.

“I suspect it’s doing you some good,” Shanes said to Norris of the school. “If you violate the rules of the school you violate the court’s rules.”

Shanes also let both Mahoney and Norris know the terms of their bond had a twofold purpose. “It’s to keep the public safe and keep you out of trouble,” Shanes said to Mahoney. “If you break them you stay in jail.

Norris and Mahoney will return to Lake County Court at 9 a.m. Nov. 9 for a pre trial with the case currently set for trial Dec. 10 in Waukegan.

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The Q September 27, 2012 at 11:19 PM
Unreal.....you get in your car drunk, high or what ever, run over a family.....6 months Probation. You break into a house with a gun, don't hurt a sole....100 years. I am not condoning what they did, and they are guilty, but our system makes no sense, no sense at all. I and don't care about intent, people make mistakes, and if those mistakes don't hurt another that's the measure stick. What good is done sending these kids to jail for even 5 years? Go in petty criminal come out thug. Like being governor and saying dumb stuff on the phone, no money changes hands, no one gets hurt.....14 years. Unreal. And all the actual criminals rat and get 6 months probation. Its an atrocity.
G September 28, 2012 at 02:12 PM
Jack Straw September 28, 2012 at 02:47 PM
I admit this is a serious act they committed, but they are still juveniles. I hope the judge will look at this in a more analytical light than the prosecutor office, this is plain and simply over charging to get a guilty conviction. This must stop, both in Lake County and around the country, over charging to get a conviction on the lesser charge. A class X felony conviction will completely destroy there life’s, and probably bankrupt the parents as well. This is a result of politics in the judicial system gone amuck.
David Greenberg September 28, 2012 at 05:02 PM
They got charged as adults because they're both old enough to have known better and they still allegedly committed the criminal acts despite that. Moreover, there were discussion threads on this site about other criminal acts they committed. Once you get past the age of 13 - you're no longer considered an infant by the State and can be charged as an adult if the circumstances warrant it. You go to a house and steal a firearm. Then you go to another house and commit a criminal act while carrying said firearm. They do deserve to have been charged as adults, if they pulled this stunt at 17, who knows what they'd come up with next? This wasn't an "oh, they stole a radar detector, and they're still 17, so let's treat them as juvey's..." This was a "holy crap, someone just broke in my house and they have a shotgun!" thing... Fortunately, they're stopped right now, and they're both quite lucky they're not dead after showing up at house to commit a crime with a firearm in hand. They'll both be very lucky if they're not convicted of Class X felonies.
Larry Jones September 28, 2012 at 06:33 PM
Greenber, honestly is there anything you are not an expert on
David Greenberg September 28, 2012 at 08:35 PM
Lee, where did you see me claim to be an expert? I have an opinion, I'm expressing it. Why does that bother you?
DeerfieldResident September 28, 2012 at 09:51 PM
Agreed. If studies show the teenage brain is not yet fully developed, especially when it comes to decision making, why are we charging teens as adults? They clearly do not have the decision-making capacity of an adult. While this was a terrible and stupid thing to do, this does not warrant 46 years in jail. Obviously both of these kids need help, and it sounds like they are getting it. What they don't need is to be locked in jail for decades. That serves no one.
David Greenberg September 28, 2012 at 10:07 PM
We as a society charge certain teens as adults when the crimes they've committed so shock the conscience and we want to send a clear and concise message to others who would consider such acts that they will suffer the full weight of the law. The brain develops at different rates in different people and as a *general* rule, we'll assign certain milestones to certain ages. But it can happen earlier or later in some people, or perhaps even not at all. For instance, as a society in this State we've picked 18 as the age of consent, in some other States or countries it's younger. We've picked the age of "adulthood" as 18 - where one can be sent off to war, to enter into binding contracts, to work with certain types of machinery, etc. But people don't magically become "adults" as of their 18th birthday. Their experiences throughout the previous 17.9999999.... years lead up to having common sense about not sticking your hand inside a meat slicer, about what it means to fire a weapon at another human being and take their life, and so on. Some may not that 't have common sense - but rather than take on the impossible and somewhat arbitrary task of testing every individual before they're considered an "adult" - we say that everyone not adjudged incompetent who's at or beyond their 18th birthday is an "adult". These two young men are 17 - they should have had enough common sense by now to know that committing a crime with a firearm is going to get you locked up.
David Greenberg September 28, 2012 at 10:12 PM
And yes, going to someone's house to commit a crime is bad enough, bring a firearm or other weapon with? Yeah, you deserve to be locked up for a very long time. In fact, I'd argue that by NOT locking people up for that type of crime, we send the message to others considering it that it's "ok" and they "might" get away with it.
john September 28, 2012 at 11:18 PM
john September 28, 2012 at 11:19 PM
me and my buddies at work love reading greenbergs commments. he has so much time on his hands. Just letting you know greenberg, you are really popular around the office!!!!
RonnieTheLimoDriver September 29, 2012 at 12:27 AM
Oh, no, we are hearing about the teenage brain not being fully developed again? Thankfully this judge sounds like he thinks more like Greenberg and less like some of these other posters.
Jack Straw September 29, 2012 at 02:52 AM
Whats wrong with you John, are you still in grade school calling names???
Allison G September 29, 2012 at 04:27 AM
Couldn't agree more. Although God forbid the firearm went off and something really tragic had happened. I mean 5 years would be plenty for this crime, no?
Chilawyer September 29, 2012 at 02:03 PM
Oh, boys will be boys. Six months of community service is enough. How about having them help locked out homeowners get back into their homes, and teach other teenagers riflery?
Chilawyer September 29, 2012 at 09:59 PM
C'mon, John, the truth is you don't have any "buddies at work" because you are unemployed and wouldn't have any friends if you were employed. "Time on his hands" -- what a clever, original phrase. You must be up to your eyeballs in nothing better to do. Thank you for your invaluable contribution to this board, genius.
The Q September 30, 2012 at 01:55 PM
So Greenberg the message we send as society is is ok to get plastered and kill people.....get real. Stop playing the devils advocate and think what if my kids or even you made a stupid error in judgement? Should that equal your whole life destroyed for an act they hurt no one? Again it's wrong but the punishment does not fit the crime not even close.
The Q September 30, 2012 at 02:15 PM
So the message we send in society is drunk driving is ok.....by your logic. And Killing someone in the process is a slap on the wrist. Their is no crime greater than Murder/Homicide/Manslaughter.
thetruth October 01, 2012 at 03:04 AM
if these were two 17 year old kids from chicago who came up to the suburbs and committed the exact same crime no one would be saying they dont deserve to get charged the way they are. the law is the law and these dumb kids deserve what they are going to get.
Alias47 October 01, 2012 at 10:10 PM
I agree with your premise...but you stated that they are guilty...but they aren't unless found to be so beyond a reasonable doubt by a jury of their peers.
David Greenberg October 01, 2012 at 10:11 PM
I never said that it was OK to get plastered and kill people - quite the contrary, it's not. We're not talking about my kids, or a what-if scenario - we're talking about something that actually happened. In this case, Home Invasion is a heinous criminal act - it's a Class X felony for many reasons, some of which have been laid out by the Legislature, and the sentence is laid out too. That said, this is what the Prosecutor felt they should be charged with based upon the circumstances. As always, the Jury could disagree and decide that they were charged incorrectly (Jury Nullification), or find them guilty, or innocent.
David Greenberg October 01, 2012 at 10:16 PM
No that's not the message we send, and especially not by my logic. Killing someone in the process is not a slap on the wrist. Different crimes have different sentences - set by the Legislature. Take up the issue with your Legislator.
l0udm0uth October 02, 2012 at 02:01 AM
What if these two were black? There would probably be calls for the death penalty, certainly no sympathy or suggestions of five year terms. Dont even try to say that would not be the case cause you know it would be. In the northern suburbs, other than Waukegan, if you are black you just better stay away or risk harassment by police. Same goes for mexicans & other latinos unless you are towing a landscaping trailer. If these little teens cant do the time they should'nt have comitted the crimes.
Mr. Friendly October 09, 2012 at 04:45 AM
Throw the book at them - this act was blatantly CRIMINAL in nature, and no 17-year old person would ever believe it to be anything else. Making generalizations about the human brain based on the age of these criminals is fallacy and excuse making. Fact is, these young men are expected to use the bounty of gifts they have been given (education, safe community to grow up in, sports) in a positive, productive way - not to develop plans for dangerous, highly criminal behavior. Brain development? These kids are products of one of the best school systems the state has.... their brains were developed enough to steal what they felt they needed to invade someone's home- in this case it was a gun. If you are delusional enough to think these kids will magically turn into productive citizens after demonstrating this kind of judgment, well, I have a bridge for sale. Ask yourself this: If these young men had gotten away from the police and not been caught, what might they have done next? They'd have gotten whatever they were after inside that home, and because of the stolen gun, would now have been empowered to "up the ante".... what would have been their next great idea? I'd be willing to bet it would not have been to organize a bake sale with that rifle.
it doesn't matter February 02, 2013 at 09:07 PM
Everyone deserves a second chance..they are guilty and do deserve to be punished by society but it just doesnt make sence to throw two kids' lives away for a mistake they made..especially if no one was hurt..God should be the only one to judge man..not a man with a robe..nobody on earth is perfect and no one is an angel but over 100 years does not make sence when real killers gey out of prison for taking peoples lives in under 20 years..everyone doesn't work for Illinois..but the people who do need to understand murder/homicide/manslaughter is the worst thing you can do..people make mistakes..and no one should be put in prison for life if no life was tooken!!!
Adolf Hitler February 27, 2013 at 11:56 PM
Your so hot. Is that your eHarmony picture? Geez you should be a model.. That lazy eye of yours....


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