Appellate Court Tosses E2 Nightclub Convictions

Dwain Kyles and Calvin Hollins are breathing sighs of relief today. Yesterday the Illinois Appellate Court overturned the convictions and jail terms of the two men for their indirect involvement in the 2003 stampede at the former Motor Row nightclub that left 21 dead and more than 50 injured after. Hollins and Kyles were convicted of indirect criminal contempt two years ago for violating a court order to keep the second floor of the nightclub closed to the public. (Hollins and Kyles were acquitted of involuntary manslaughter charges.)

The appellate court found yesterday that the city's orders to close down the second floor of E2 were ambiguous. Justice Michael J. Murphy wrote in the court's unanimous decision, which is included below:

“At first blush the language appears clear, however, a review of the record before this court reveals the city’s law clerk should have included three words following ‘Mandatory order not to occupy 2nd floor’ in the formal order — either ‘of the building’ or ‘of the nightclub.’”

Murphy also wrote, "We understand the horrible tragedy involving the E2 nightclub and do not wish to diminish the seriousness of that incident," but that violating the building order had nothing to do with the tragedy. The stampede occurred after security guards used pepper spray to break up a fight.

Kyles declined comment when contacted by media, but his attorney Chris Carmichael declared the appellate court's decision a "complete victory." Kyles is expected to hold a press conference this morning. Hollins told the Sun-Times, “I feel a combination of spiritual, mental and physical relief rolled up in one ball. It’s been an almost 10-year journey.”

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