Skip Ribbon Commands
Skip to main content

Jonel Clark

Other Illinois Exonerations for Weapon Possession and Sale
https://www.law.umich.edu/special/exoneration/PublishingImages/Cook_County_seal.jpg
On February 17, 2010, Chicago police arrested 25-year-old Jonel Clark and charged him with aggravated unlawful use of a firearm.

On June 14, 2010, Clark pled guilty to the charge in Cook County Circuit Court. He was sentenced to three and a half years in prison.

In September 2013, the Illinois Supreme Court ruled in People v. Aguilar that the portion of the statute under which Clark had been convicted was unconstitutional. The statute said that a person committed the offense of aggravated unlawful use of a weapon when a person “carries on or about his person or in any vehicle or concealed on or about his person except when on his land or in his abode or fixed place of business any pistol, revolver, stun gun or taser or other firearm and the firearm is uncased, loaded and immediately accessible.”

The court held that this portion of the statute violated the right to keep and bear arms as guaranteed by the Second Amendment.

In 2020, attorney Joel Flaxman filed a motion to vacate Clark’s conviction based on the Aguilar ruling. On August 17, 2020, the motion was granted. Clark’s conviction was vacated, and the charge was dismissed.

Flaxman filed a motion for a certificate of innocence. On October 2, 2020, Chief Cook County Criminal Court Judge Leroy Martin Jr. granted the motion.

Clark subsequently filed a claim with the Illinois Court of Claims seeking compensation.

On January 1, 2021, the court of claims awarded Clark $60,000 in compensation, with $15,000 of the award going to Flaxman for attorney’s fees.

– Maurice Possley

Report an error or add more information about this case.

Posting Date: 4/2/2022
Last Updated: 4/2/2022
State:Illinois
County:Cook
Most Serious Crime:Weapon Possession or Sale
Additional Convictions:
Reported Crime Date:2010
Convicted:2010
Exonerated:2020
Sentence:3 years and 6 months
Race/Ethnicity:Black
Sex:Male
Age at the date of reported crime:25
Contributing Factors:
Did DNA evidence contribute to the exoneration?:No