People v. Acklin

567 N.E.2d 525, 208 Ill. App. 3d 616, 153 Ill. Dec. 567, 1990 Ill. App. LEXIS 1980
CourtAppellate Court of Illinois
DecidedDecember 31, 1990
Docket1-80-2320
StatusPublished
Cited by8 cases

This text of 567 N.E.2d 525 (People v. Acklin) 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. Acklin, 567 N.E.2d 525, 208 Ill. App. 3d 616, 153 Ill. Dec. 567, 1990 Ill. App. LEXIS 1980 (Ill. Ct. App. 1990).

Opinion

JUSTICE JOHNSON

delivered the opinion of the court:

After a jury trial, defendant, Ronald Acklin was found guilty of murder (Ill. Rev. Stat. 1979, ch. 38, pars. 9 — 1(a)(1), (a)(2)) and concealment of a homicidal death (Ill. Rev. Stat. 1979, ch. 38, par. 9— 3.1). Finding the crimes committed to be exceptionally brutal and heinous indicative of wanton cruelty, defendant was sentenced to life imprisonment.

On appeal, defendant raises the following issues: (1) whether he was proved guilty beyond a reasonable doubt; (2) whether he was denied a fair trial when the State revealed prior inconsistent statements made by two witnesses; (3) whether he was denied a fair trial when the State made certain arguments allegedly not supported by the evidence; (4) whether his sentence must be reduced due to the disparity in sentencing between him and his codefendant, Charles Williams; (5) whether one of the two murder counts must be vacated; and (6) whether he was improperly sentenced to natural life imprisonment.

We affirm in part and vacate in part and modify.

At trial, the evidence established that on January 5, 1979, the frozen body of Barry Nance was found on top of a garbage can in an alley in Chicago. The body had been wrapped in plastic and two blankets. The victim had sustained numerous marks of violence to the body, including a fractured jaw, severe lacerations indicative of tears made to the body by a blunt instrument, and incised wounds indicative of cuts made to the body by a sharp instrument. It was determined that the cause of death was due to a severe cranial cerebral injury, in association with a compound fracture of the jaw, and numerous wounds to the body. At the time of death, Barry Nance was 21 years of age.

On January 3, 1979, at approximately 10 p.m., Williams and Nance arrived at defendant’s house. Defendant, at that time, was living in a basement apartment with his girlfriend, Frances Wright. The house was owned by Frances’ sister, Nancy. Nancy also resided in the house with her five children, including Dennard Coats. Defendant, Nance and Williams remained in the basement, while Frances and her nephew, Dennard, went upstairs to put the younger children to bed and to watch television.

Frances testified that while watching television, she heard “loud talking, banging into things [and] so forth” emanating from the basement. This continued until defendant received a telephone call, approximately 15 minutes after the fracas had begun in the basement. The telephone call that defendant received was concerning a woman in Alabama who was expected to give birth, imminently, to his child. According to Frances, defendant conversed with the woman or the woman’s sister approximately 15 or 20 minutes. The call was taken in the upstairs kitchen.

Defendant then returned to the basement and, shortly thereafter, another argument ensued. Approximately 30 minutes later, defendant received a second telephone call regarding the impending birth of his child. This conversation also lasted 15 minutes. Frances testified that defendant then “ran back downstairs all of a sudden, and [she] heard some shouting, and [she] heard Ron say leave him alone, let him up.” Williams then made a derogatory remark. For the next 90 minutes it became quiet in the basement.

Defendant then received a third telephone call. He was informed that the woman in Alabama had just given birth. After the call, defendant prepared some food which he ate while upstairs in the kitchen. When defendant finished eating, he went back downstairs to the basement. He then announced that Nance and Williams must have gone home. As Frances did not see Nance and Williams leave, she inferred that they left the premises through the basement door.

Defendant then told Frances to make some coffee while he straightened up the basement. Defendant remained in the basement for five minutes before coming upstairs. Approximately one minute later, Williams entered the kitchen through the living room on the first floor of the house.

Defendant and Williams drank coffee and then Williams left the house. Frances and defendant then retired to their basement apartment. Frances testified that she noticed a liquor bottle on the floor of the basement and that the basement was “kind of messy.”

Dennard Coats testified that he heard the three men arguing in the basement about an ashtray. He heard both defendant and Williams tell Nance to pick up the ashtray. When Dennard went downstairs to inform defendant that he had a second telephone call, he noticed approximately 15 or 20 drops of blood by the basement bedroom door. Dennard also testified that while defendant was talking on the telephone, he twice heard Nance plead for his life. Dennard immediately told defendant what he had heard. Defendant proceeded to hang up the telephone and ran downstairs to the basement. Dennard testified that he also heard defendant tell Williams to “[l]et him up.”

Subsequently, Dennard went back downstairs to tell defendant that he had a third telephone call. Dennard heard defendant and Williams talking but he did not hear Nance. Dennard also testified that he observed defendant and Williams drinking coffee prior to Williams’ departure. He did not, however, see Nance leave the house.

Chicago police officer Thomas Bennett testified that he arrived at defendant’s house on the afternoon of January 8, 1979. Upon entering the basement, Officer Bennett observed a bloodstained chair; bloodstained boots; three liquor bottles with blood on them; a pair of panty hose with embedded bone particles in them; a pair of gloves and a man’s shirt found in a hole in the basement floor; a bloodstained ax; bloodstained wire cords; bloodstained sanitary tubs and a tray; and a bloodstained wrench. A meat cleaver and Mason hammer were found in the kitchen wrapped in plastic underneath a bag of garbage. At trial, Officer Bennett identified a picture of the yard in the back of defendant’s house. The picture revealed depressions in the snow which either began or terminated at the back door of the basement.

Officer Bennett also testified that Frances told him that defendant informed her that he and Williams were going to walk Nance home; that the parties left by the basement door as she did not see them leave; that defendant and Williams both came back into the house through the front door; that defendant was wearing Nance’s gloves; and that she saw a meat cleaver on the dresser in the basement bedroom.

According to Officer Bennett, Dennard told him that defendant had ordered him to wipe the blood from an ax; that he had seen blood all over the basement and what appeared to be a body wrapped in a blanket; and that he had observed defendant and Williams dragging the wrapped body out through the basement door.

After hearing all of the evidence, the jury found defendant guilty. He was sentenced to a term of natural life. Williams was sentenced to 60 years’ imprisonment. Williams’ conviction was affirmed in People v. Williams (1983), 113 Ill. App. 3d 49. Defendant filed a timely notice of appeal but the case was dismissed for want of prosecution in October 1981. In 1988, this case was reinstated but dismissed a second time for want of prosecution in May 1989.

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Bluebook (online)
567 N.E.2d 525, 208 Ill. App. 3d 616, 153 Ill. Dec. 567, 1990 Ill. App. LEXIS 1980, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-acklin-illappct-1990.