Mr. Michael Tinker of Illinois was convicted of aggravated domestic battery and sentenced to 10 years +4 years of parole. He appealed his case alleging the trial court failed to comply with a certain Supreme Court rule before allowing him to waive his counsel.
Mr. Tinker was charged with one count of attempted first-degree murder and one count of aggravated domestic battery on December 2, 2017. He was initially represented by public defender, then a private attorney but eventually the private attorney withdrew. At that point, the defendant asked to represent himself. The court went through a great deal of effort to ensure that he understood that representing himself was an unwise idea. They repeatedly asked him if he knew what he was getting into and he said yes.
At one point during the court proceedings, he announced that he was a sovereign citizen. Sovereigns often choose to represent themselves.
The jury trial took place on March 12, 2019. His wife at the time testified that the two of them were living with their six children and got into a fight after he accused her of infidelity. There was arguing and a fight broke out and he placed her into an “full nelson” with his arms around her neck and told her that she had to “go to sleep.” She went limp three times and was unconscious. At least one of the daughters heard the fight. The defendant testified on his own behalf but ultimately the jury did not find him convincing. He was found guilty of aggravated domestic battery but not the attempted first-degree murder charge.
I see many cases where a sovereign citizen defendant decides to defend themselves and later appeals it and more or less argues that they weren’t made properly aware of what they’re getting into prior to their decision. It seems that generally, the court does an excellent job of making sure that the individual understands that representing themselves puts them at a disadvantage and strongly advises them against it. Still, many sovereigns decide to go for it and in cases like these, it doesn’t typically end well for them.