Convicted murderer Dylan Lovato was back in a McDonough County courtroom on Tuesday afternoon for a hearing on a firearm enhancement murder charge.
A jury in August took only about an hour to find Lovato guilty of first-degree murder in the death of Ivan Almanza, 23.
Lovato drove from the Chicago area to Macomb in the middle of the night in March 2022, let himself into his ex-girlfriend’s apartment, and shot Almanza in the head three times while Almanza slept.
He could be sentenced to 20 to 60 years in prison, and because a firearm was used in the crime, an extra 25 years could be added to the sentence.
In October, defense attorney Andrew Stuckart asked the court to find the firearm enhancement unconstitutional, citing Illinois Supreme Court cases with viable challenges to mandatory natural life sentences.
He said those were based on medical research showing that young males might not have fully developed brains when it comes to judgment and impulse control.
During Tuesday’s hearing, clinical psychologist Joel Eckert testified that he interviewed Lovato in jail in early May.
Lovato, who’s now age 25, told Eckert he started abusing alcohol and drugs around age 12. Eckert said such abuse to a young, still developing brain leads to serious problems, including a lack of impulse control when under stress.
Eckert also said it was unusual for someone to admit to such heavy substance abuse. He said people usually lie about it.
Under cross-examination from prosecutor Susan Maxwell, Eckert acknowledged he had not verified the extent of Lovato’s substance abuse with anyone else. He said he was relying on Lovato’s self-reporting of the issue.
The defense and prosecution will submit written closing arguments on the firearm enhancement charge over the next couple months.
Meanwhile, the case will be back in court later this month for hearings on several other post-trial motions, including defense motions to dismiss and for a new trial, and a prosecution motion to allow a victim impact statement from Emily Check, Lovato’s ex-girlfriend.
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