People ex rel. Waller v. 1996 Saturn

699 N.E.2d 223, 298 Ill. App. 3d 464, 232 Ill. Dec. 776, 1998 Ill. App. LEXIS 571
CourtAppellate Court of Illinois
DecidedAugust 19, 1998
Docket2-97-0570
StatusPublished
Cited by11 cases

This text of 699 N.E.2d 223 (People ex rel. Waller v. 1996 Saturn) is published on Counsel Stack Legal Research, covering Appellate Court of Illinois primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
People ex rel. Waller v. 1996 Saturn, 699 N.E.2d 223, 298 Ill. App. 3d 464, 232 Ill. Dec. 776, 1998 Ill. App. LEXIS 571 (Ill. Ct. App. 1998).

Opinions

JUSTICE THOMAS

delivered the opinion of the court.

Claimant, Darrick Henderson, appeals the forfeiture of his vehicle, a 1996 Saturn, pursuant to section 36 — 1 of the Criminal Code of 1961 (the Code) (720 ILCS 5/36 — 1 (West 1996)). Claimant contends that (1) the forfeiture was not authorized by section 36 — 1, and (2) the forfeiture violated the excessive fines clause of the eighth amendment to the United States Constitution.

The facts underlying the action for forfeiture are as follows. On August 14, 1996, around 12:40 p.m., Sergeant Gary Bitler of the Round Lake Beach police department was stationed at a Super K mart parking lot in Round Lake Beach. While in the parking lot, Bitler observed a Saturn pull into the lot and park halfway between the Super K mart store and Sears Hardware. Bitler radioed Officer Richard Chirrello, who also was stationed in the parking lot, and told him about the Saturn. Bitler observed a man, later identified as Darryl Smith, get out of the car and walk by Sears Hardware. Several minutes later, Darryl exited Sears and walked back to the car with a square package hidden beneath his shirt. Darryl got into the car and a few minutes later a man later identified as Michael Smith got out of the car, got a bag from the trunk of the car, placed something in the bag, and then carried the bag back into Sears Hardware. A few minutes later Michael left Sears and walked back to the car, this time without the package.

After Michael got back into the car, Darryl and the claimant, Darrick Henderson, got out of the car and walked toward the Super K mart store. Bitler then went into Sears Hardware and spoke to the clerk. The clerk told Bitler that a man had just returned an item for $63.89 in cash. The man did not have a receipt for the item. The clerk also told Bitler that she was the only clerk working and that no one had purchased the item that day. The clerk later identified Michael Smith as the one who had returned the item.

Bitler then went back to the parking lot and saw claimant and Darryl Smith leave the Super K mart. Darryl had some things in his hand. Darryl and claimant got back into the car, at which time Darryl, Michael, and claimant got into an argument. Darryl then walked back to the Super K mart, and Michael and claimant drove away. At this point, Bitler stopped the car and advised Michael and the claimant that they were under arrest. Bitler later spoke with an employee of Super K mart, who identified the items in Darryl’s possession as items taken from the store. Those items included a pair of blue shorts worth $17.99, a white shirt worth $9.99, and a Bulls cap worth $10.99.

Officer Chirrello also testified on behalf of the State and corroborated Bitler’s testimony. Chirrello said that he arrested Darryl while Bitler arrested Michael and claimant. Chirrello then interviewed claimant following his arrest. Claimant told Chirrello that he and the others had a partnership and were in Round Lake Beach to take merchandise. Claimant was the spotter, which meant he looked to make sure no one saw his partners take the items. On other occasions, claimant was the driver. Chirrello asked claimant why he came to Round Lake Beach when there were other stores closer to him in Gurnee Mills or Hawthorne Center. Claimant told Chirrello that his card was punched at those stores. Claimant explained that when he returned an item without an I.D., he could only return it so many times, and then he had to sign a card to get the money returned. Claimant told Chirrello that it was easier to return things without a receipt in Round Lake Beach. Claimant also told Chirrello that the three argued that the money had not been split equally and that claimant and Michael then kicked Darryl out of the car.

Claimant then testified on his own behalf. He said that he was the owner of the 1996 Saturn seized by the Round Lake Beach police department. Claimant bought the car new for around $17,000 and paid cash for the difference between the amount of his trade-in and the purchase price.

Claimant testified that on the day he was arrested he was not employed and was living in his car. Claimant was on an excused absence from Motorola due to difficulty with drugs and alcohol. He claimed that on August 14, 1996, he was sleeping in his car. He awoke to find himself with Darryl Smith in the parking lot where he later was arrested. Claimant went into K mart to use the washroom. When claimant came out of the washroom, Darryl was right behind him and, when they walked back to the car, claimant saw Michael. An argument then ensued between Darryl and Michael, but claimant did not know what the argument was about. Darryl then left and Michael drove away, at which time claimant and Michael were arrested. Claimant denied that he told Chirrello any of the things to which Chirrello had testified. Claimant said at the time of his arrest he was not aware that Darryl and Michael had stolen anything, although he was aware that they were arguing over money. Claimant denied that he had a partnership with Darryl and Michael and denied that they had agreed to steal from stores and return the stolen items for cash. Claimant admitted that in the past he had returned items for Darryl and Michael but denied that he had been with them when the items were stolen.

The court found that Chirrello’s testimony was generally credible and that the evidence was overwhelming that the car was used to facilitate burglaries. The car was used to get to and from the site of the robberies, and the car trunk was used to exchange the stolen property and to secrete the stolen property. The court did not find the claimant’s testimony to be credible. Rather, the court held that the claimant knew the intended use of the car and was a participant in that use and that the use of the car was more than a mere incidental use. Accordingly, the State established the basis for the forfeiture of the vehicle. The court noted that the harshness of the penalty presented a closer question. However, the court concluded that, while the penalty was significant, it did not violate the excessive fine clause of the eighth amendment.

On appeal, claimant first contends that the trial court erred in finding that the forfeiture of his car was authorized by section 36 — 1 of the Code. Claimant argues that, pursuant to the plain language of the statute, his vehicle could not have been used in the commission of a burglary. Claimant contends that the crime of burglary, as defined by statute, is limited to the act of entering with the intent to commit a felony or theft and does not contain elements concerning the disposition of the stolen property or the concealment of the property. Consequently, because the act of burglary was committed when claimant and his partners entered Sears Hardware and K mart with the intent to commit a theft, claimant’s vehicle was not used in the commission of a burglary.

Claimant’s argument is without merit. Section 36 — 1 of the Code provides that “[a]ny *** vehicle *** used with the knowledge and consent of the owner in the commission of, or in the attempt to commit *** an offense prohibited by (a) Section *** 19 — 1 [burglary] *** may be seized and delivered forthwith to the sheriff of the county of seizure.” 720 ILCS 5/36 — 1 (West 1996).

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Cite This Page — Counsel Stack

Bluebook (online)
699 N.E.2d 223, 298 Ill. App. 3d 464, 232 Ill. Dec. 776, 1998 Ill. App. LEXIS 571, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-ex-rel-waller-v-1996-saturn-illappct-1998.