People v. Abrams

631 N.E.2d 1312, 260 Ill. App. 3d 566, 197 Ill. Dec. 853, 1994 Ill. App. LEXIS 431
CourtAppellate Court of Illinois
DecidedMarch 29, 1994
Docket1-92-2804
StatusPublished
Cited by21 cases

This text of 631 N.E.2d 1312 (People v. Abrams) 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 v. Abrams, 631 N.E.2d 1312, 260 Ill. App. 3d 566, 197 Ill. Dec. 853, 1994 Ill. App. LEXIS 431 (Ill. Ct. App. 1994).

Opinion

JUSTICE SCARIANO

delivered the opinion of the court:

On January 3, 1990, Jennifer Williams was standing in the entryway of her aunt’s apartment building, watching as her brother, Leroy Williams, loaded his car with boxes when she noticed a group of approximately seven males huddled together at the nearby corner of Grenshaw Street and Central Park Avenue in the City of Chicago. She recognized one of the individuals on the corner to be defendant, whom she knew by his nickname, "Dusty.”

As her brother was placing the boxes in the car, defendant, who was wearing a "Christmas green” jogging suit, fired two shots in Leroy’s direction from a position which was around 50 or 60 feet away from Jennifer. After he fired the shots from the corner, defendant ran around the building toward the alley, from which point he fired three more rounds at Leroy. While attempting to flee from the fusillade, Leroy was struck by these later rounds; he fell to the pavement in front of the vehicle, whereupon defendant ran through the alley, heading toward Roosevelt Road. When defendant fired the shots, the sun was shining and nothing obstructed Jennifer’s view of him or her brother.

Jennifer went to her brother’s aid and called to her cousin, Nakita Bailey, instructing her to telephone for an .ambulance. The police arrived on the scene soon after the shooting and learned from Jennifer that "Dusty shot her brother.” She provided no description of the assailant nor did the police seek one, and throughout her cross-examination, she repeatedly denied having described the physical characteristics of the shooter to any officer to whom she had spoken. After being interviewed, Jennifer rode to the hospital with her brother, where he was pronounced dead.

Later that night, after she was told that she was being taken to the station to view a lineup in order to identify her brother’s suspected murderer, the police led her into a room which had a window that exposed another room where defendant sat, by himself, behind a table. She identified the individual in the room as the person who had killed her brother. She denied defendant’s assertion on cross-examination that the police had warned her ahead of time that defendant would be in the room.

Jennifer had been acquainted with defendant fairly well for approximately five years prior to the incident, having played cards with him. She described him in her testimony as being dark-skinned and estimated that he weighed 260 pounds. She stated that she would see him around her neighborhood nearly every day in those five years, and that prior to the shooting she felt no animosity toward him; in fact, she spoke cordially to him the day before he shot her brother.

Jennifer was also acquainted with three of defendant’s brothers, including his brother Jimmy, whom she described as tall, although shorter than defendant, with a light brown complexion, and as having curls in his hair. She guessed that Jimmy weighed around 160 pounds at the time of the shooting. Jennifer further testified that she went to school with Jimmy and that, prior to the shooting, she had last spoken to him before the Christmas holiday. She did not recall seeing Jimmy hang around Crenshaw Street, but believed him to be seen regularly on Roosevelt Road.

Nakita Bailey testified that on the day of the shooting she was in her third-floor apartment, looking out its front window, from which position she had an unobstructed view of the street below her, where she saw Leroy filling a car with packing crates. She observed "Dusty” fire two bullets at the car. When she first saw him, he was wearing a green jogging suit, standing at the corner of Crenshaw and Central Park. After defendant fired the first two rounds, Nakita lost sight of him for about a minute, only to see him again across the street as he fired three more shots at the victim. She had been aware of defendant, whom she knew as "Dusty,’’.and who she later learned was named Sylvester Abrams, for nearly three years before the shooting because he was a companion of her cousin, the victim’s twin brother. She had also seen him many times around her neighborhood.

After being reminded on cross-examination that she had related in her direct testimony that she first spoke of the incident during the year of the trial, nearly two years after the fact, Nakita explained that she first told Jennifer of what she witnessed when Jennifer lamented the fact that no one had come forward to testify against defendant. On redirect, when asked why she did not reveal her knowledge of the shooting much earlier, she replied "[bjecause I was afraid the gang members would do the same to me.” Defendant’s objection to this answer was overruled.

Chicago police officer Consuelo Morgan and her partner were the first officers to arrive at the scene of the shooting. She began her initial investigation of the incident by questioning those who had gathered around the body and from these interviews, she learned the name of the perpetrator and obtained what she termed a general description of him. In her report, Morgan wrote that the perpetrator was "5’6” and weighed 185 pounds.” In that same report, she listed the names of some of the witnesses with whom, she spoke but omitted others "because they were afraid to speak.” The court sustained defendant’s prompt objection to this response and his motion that it be stricken, but it denied his motion that it declare a mistrial. Officer Morgan testified that Jennifer did not give a description of the shooter because she was distraught, but that she did identify him by name.

Detective John McKenna and his partner Detective Dave Delponte, who were assigned to investigate the murder of Leroy Williams, testified that they went to the scene and found that the victim’s automobile had been punctured by bullet holes, and that in the report they filed at the end of their shift, they described the assailant as being 5 feet 6 inches tall and weighing about 160 pounds.

The investigator assigned to the case in the shift subsequent to that of McKenna and Delponte, Detective Mike Miller, upon learning that the perpetrator suspected of the shooting lived at 700 South California, went there with other officers, knocked on his door, which defendant opened but, upon discovering who was knocking, tried to close it. The officer prevented the door from being closed, announced his authority, and informed defendant he was under arrest; defendant, however, turned and raced for the back of the unit. Detective Miller pursued and caught him, placed him in handcuffs, informed him of his rights pursuant to Miranda v. Arizona (1966), 384 U.S. 436, 16 L. Ed. 2d 694, 86 S. Ct. 1602, and transported him to the station house, where Jennifer positively identified him as her brother’s murderer. On cross-examination, Miller responded affirmatively when defendant asked whether he had informed Jennifer beforehand that she would be seeing defendant. The detective explained that he did not employ a lineup in this case because there was no question but that the witness knew the identity of the perpetrator; the purpose of the identification would be to exclude defendant if possible, and a lineup, therefore, would be a waste of police resources.

After Miller completed his testimony, the court recessed for lunch.

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Cite This Page — Counsel Stack

Bluebook (online)
631 N.E.2d 1312, 260 Ill. App. 3d 566, 197 Ill. Dec. 853, 1994 Ill. App. LEXIS 431, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-abrams-illappct-1994.