Charges Filed and the Criminal Case Begins

July 02, 2026 | Freeport, IL

On October 18, 2013, the Stephenson County Circuit Clerk opened criminal case 2013CF238, charging Traveontaye M. Berry with seven felony offenses arising from the shooting death of Carl Green Jr.

According to the court record, prosecutors filed six counts of First-Degree Murder (Intent to Kill/Injure) and one count of Aggravated Discharge of a Firearm into an Occupied Vehicle.

Although six murder counts may appear unusual to readers unfamiliar with homicide prosecutions, it is common for prosecutors to charge multiple legal theories arising from a single death. If a defendant is convicted, those counts are often merged into a single conviction for sentencing.

That is what ultimately occurred in Berry's case.

The First Court Appearance

Court records show Berry made his first appearance on October 18, 2013, before Judge Michael Bald.

The docket identifies the proceeding simply as a "First Appearance."

A first appearance is the defendant's initial appearance before a judge after criminal charges have been filed. During this hearing, the court typically advises the defendant of the charges, explains constitutional rights, discusses legal representation, and schedules future proceedings.

The docket does not contain a transcript of what was said during the hearing, but it confirms the case proceeded to another hearing on October 24, 2013.

Berry Seeks Counsel

Six days later, on October 24, 2013, Berry again appeared before Judge Bald.

The docket identifies this hearing as an "Appearance/Counsel" hearing.

Court records list Glenn Jazwiec and Erin E. Jazwiec as Berry's current attorneys because they represent him in the ongoing post-conviction proceedings. They were not his attorneys at this stage of the case.

The original trial representation is reflected in the historical court file and later proceedings.

Preliminary Hearing Held

On October 31, 2013, the court conducted a preliminary hearing.

Unlike a jury trial, a preliminary hearing is not held to determine guilt or innocence.

Instead, the judge determines whether prosecutors have presented sufficient evidence to establish probable cause that a crime occurred and that the defendant may have committed it.

Probable cause is a significantly lower legal standard than the proof beyond a reasonable doubt required to convict a defendant at trial.

According to the court record, the case proceeded beyond the preliminary hearing and continued through the pretrial process.

Seven Charges. One Conviction.

The State did not charge Berry with a single count of murder.

Instead, prosecutors filed seven felony counts—six alleging First-Degree Murder and one alleging Aggravated Discharge of a Firearm into an Occupied Vehicle.

Although that may appear unusual, it is standard practice in Illinois homicide cases for prosecutors to file multiple murder counts based on different legal theories arising from the same death. Those alternative theories allow the State to present different paths to a conviction depending on how the evidence develops at trial.

After a six-day jury trial, Berry was convicted on Count 4, a charge of First-Degree Murder. At sentencing, the court merged the remaining six counts into that conviction and sentenced Berry to 52 years in the Illinois Department of Corrections.

What Happened Next

Following the preliminary hearing, the case entered the pretrial phase.

Over the next fourteen months, the court record reflects numerous hearings involving:

  • Discovery

  • Motion hearings

  • Status hearings

  • Motions in limine

  • Pretrial proceedings

By the time jury selection began in February 2015, the court had already held dozens of hearings addressing legal issues before any evidence was presented to jurors.

Those proceedings shaped the evidence, testimony, and legal arguments that would eventually be heard during Berry's six-day jury trial.

That pretrial litigation will be the focus of the next installment in this series.

F4F Chairman’s Analysis | Joshua T. Atkinson

One of the most striking aspects of the court record is how quickly the case moved from the filing of charges into active litigation.

Within two weeks of the case being opened, Berry had appeared before the court multiple times, a preliminary hearing had been held, and the case had entered the pretrial phase. While those early proceedings are routine in felony cases, they established the framework for everything that followed over the next fourteen months.

As this series continues, Fighting4Freeport will examine those pretrial proceedings in greater detail, explaining the motions, hearings, and rulings that preceded the jury trial.

Next
Next

The Forensic Evidence and the Questions It Left Behind