People v. Allison

602 N.E.2d 1288, 236 Ill. App. 3d 175, 177 Ill. Dec. 116, 1992 Ill. App. LEXIS 1576
CourtAppellate Court of Illinois
DecidedSeptember 29, 1992
Docket1-89-1347
StatusPublished
Cited by13 cases

This text of 602 N.E.2d 1288 (People v. Allison) 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. Allison, 602 N.E.2d 1288, 236 Ill. App. 3d 175, 177 Ill. Dec. 116, 1992 Ill. App. LEXIS 1576 (Ill. Ct. App. 1992).

Opinion

JUSTICE SCARIANO

delivered the opinion of the court:

Defendant John Allison appeals from his conviction by a jury of first degree murder and armed violence, charging that the trial court (1) erroneously prohibited him from cross-examining the State’s only eyewitness as to who did the shooting, regarding her refusal to be interviewed by the defense, (2) impermissibly qualified an expert in gunshot residue analysis, and (3) improperly admitted irrelevant and prejudicial evidence.

The victim, Richard Barnett, was shot and killed in front of 154 North Pine in the City of Chicago in the early morning hours of July 31, 1987. 1 Sometime prior to the shooting, Lavette Davis and Jennifer Myrick were riding in their car looking for a place to eat. At trial, Davis testified that two men in a brown Cadillac Seville started talking to Myrick and her at a traffic light, and although Myrick at first testified that there were only two people in the Seville, she later admitted on cross-examination that there were three. The two men made crude remarks to Myrick and Davis, followed them, and partially blocked their car from exiting the parking lot of a Wendy’s fast-food establishment which was closed. The men asked the women for dates, but the women refused. The men then followed them to a White Castle restaurant, and before entering the restaurant, defendant “felt on [Davis’] behind.” Myrick and Davis testified that they left the restaurant before ordering their food because of their being annoyed by the men. Myron Tucker, the security guard at the White Castle that evening, testified that the women remained in the restaurant after the men left, placed their order and left with it. Upon leaving the White Castle, Myrick saw Tyrone Ward (also known as Smooth), whom she had known for seven or eight years as a friend of her brother’s, leaning up against the Seville. Davis and Myrick then drove to Myrick’s brother’s house at 154 North Pine.

Myrick and Davis walked up to a gate at which a group of people were standing, including Myrick’s brother Ollie and the victim, Richard Barnett. The Cadillac pulled up and defendant got out. Myrick testified that after she told Barnett that defendant had been harassing her, he hit defendant, and that her brother also swung at defendant but missed. However, on cross-examination she could not say who, besides the victim, swung at defendant. After defendant ran away, the victim yelled “stop him” and ran after him. According to Myrick, when defendant got to the car, he turned around with a gun in his hand, which she had not seen until that time, and began to “fire and fire and fire.” After the first or second shot, her brother pushed her to the ground. She testified that she heard no more than three or four shots and that she could not remember whether she told a detective at the police station that she heard five or six shots. Myrick said she did not see any weapons on anyone else in the group. At trial she identified the gun by its handle, although her description of the manner in which defendant held the gun would mean that defendant’s hand necessarily concealed the handle. According to Myrick, defendant had his right hand around the “palm” of the gun and his left hand covered part of his right hand. She also testified that there was a streetlamp giving light across the street from where the car was parked and that a light inside the car was on.

The parties stipulated, however, that Myrick spoke to Officer Callahan at the scene immediately after the shooting and told him she saw nothing as defendant returned to the car. Further, in her initial statement to Detective Tapkowski on the day of the incident, Myrick did not mention that there were three persons in the car or that she knew one of them. She did not relate that defendant was struck by anyone; nor did she describe how the shooter held the gun. Tapkowski testified that when he arrived at the scene Davis and Myrick were upset and shaken, and that he had difficulty communicating with Myrick because she was so upset. He also stated that the weather was clear and that a streetlight located directly across the street from where the victim lay provided good artificial lighting. Officer John Gargul, whose car was the first to arrive at the scene, testified that after he had asked Myrick to calm down, she gave him a description of the offenders and their car, which was broadcast over the police radio system. He, too, observed that the streetlight across the street from where the victim lay was on.

Davis testified that she saw defendant approach the group alone at Myrick’s brother’s house and heard words being exchanged between him and members of the group. Davis also testified that Myrick’s brother and possibly the victim, Richard Barnett, struck defendant. She then saw defendant run back to the Cadillac and heard the sound of three or four shots being fired and of a car driving off; her testimony is silent, however, as to who fired the shots or where they were fired from. Davis did not mention that there was a third occupant in the car.

Tapkowski testified further that he and his partner interviewed a father and son, both named John Sims, who lived at 162 North Pine and that the father told him that he heard six or seven shots. At trial, the father, a Cook County deputy sheriff, testified that he heard about five shots, got out of bed and saw a man lying on the ground with five or six men standing over him. He stated that the streetlight on the northwest corner of North Pine and West End, where the body lay, was off, but that the lights across the street were on. On cross-examination he testified that he heard more than four shots being fired.

Subsequent to the shooting, Sergeant Helen De Witte stopped a car with three occupants. After stopping the car, which was driving erratically, De Witte noticed that the car and two of its occupants matched a description which had been broadcast in the police radio report of the homicide. De Witte testified that after ordering the occupants out of the car, she found a .357 Smith and Wesson revolver, which had two live cartridges in it, under the front seat of the car on the passenger side. During the stop, the driver of the car fled the scene and was never apprehended. At trial, De Witte identified defendant as the front seat passenger.

While De Witte was waiting to transport the remaining two suspects to the police station, a police car arrived carrying Davis, who placed defendant and the car at the scene. At the station, Davis and Myrick identified defendant as the front seat passenger. Tucker, the security guard employed by the White Castle, identified Tyrone Ward as the person creating the disturbance there. Subsequent to the lineup, defendant was released from custody at 10:40 a.m., on July 31, 1987, after having posted bond on misdemeanor weapons charges. Chicago police department detective Richard Schak testified that a mistake had been made when defendant was released from custody, but that he secured an arrest warrant for him on July 31, 1987, and placed him under arrest for murder on August 1, 1987. Pamela Steel, defendant’s aunt, testified that defendant’s mother owned a brown, four-door Cadillac which she had seen defendant driving at different times.

Dr.

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Cite This Page — Counsel Stack

Bluebook (online)
602 N.E.2d 1288, 236 Ill. App. 3d 175, 177 Ill. Dec. 116, 1992 Ill. App. LEXIS 1576, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-allison-illappct-1992.