People v. Arbuckle

393 N.E.2d 1296, 75 Ill. App. 3d 826, 30 Ill. Dec. 949, 1979 Ill. App. LEXIS 3151
CourtAppellate Court of Illinois
DecidedAugust 21, 1979
Docket78-366
StatusPublished
Cited by16 cases

This text of 393 N.E.2d 1296 (People v. Arbuckle) 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. Arbuckle, 393 N.E.2d 1296, 75 Ill. App. 3d 826, 30 Ill. Dec. 949, 1979 Ill. App. LEXIS 3151 (Ill. Ct. App. 1979).

Opinion

Mr. JUSTICE WOODWARD

delivered the opinion of the court:

Following a jury trial, defendant, Donald Arbuckle, was found guilty of the offense of indecent liberties with a child (Ill. Rev. Stat. 1975, ch. 38, par. 11 — 4), and was sentenced to 10 to 20 years imprisonment. Defendant appeals.

The complainant testified that he was born on October 30,1961, and at the time of trial was 15 years old. He had first met the defendant approximately two or three weeks prior to the opening of school on August 31, 1976. He next saw defendant on a Friday, about 5 p.m.; according to the complainant the date was no earlier than August 13,1976. On that date the complainant and Curtis McVay met defendant at the barber shop where defendant was employed. Around 6 p.m. defendant and the two boys left the barber shop in one of defendant’s cars. Defendant drove to a liquor store where he purchased two six-packs of beer and a pint of peppermint schnapps. Defendant then drove to an area of the Rock River, near the 15th Avenue Bridge; they stayed on the east bank of the river, about two blocks north of the bridge, where they all drank beer and schnapps. Defendant and McVay went over to another part of the river bank, and the complainant observed defendant sucking on McVay’s penis. Though initially refusing, at defendant’s command, the complainant pulled down his own pants and defendant sucked on complainant’s penis for approximately 20 seconds. Afterwards, defendant drove the boys to a skating rink where they skated while defendant went to a bar. Defendant then drove them to the Hollywood Dining Center and from there they went to defendant’s home. The complainant then testified that prior to going to the Hollywood Dining Center, they had stopped at a liquor store to buy more beer and schnapps. At defendant’s house, McVay went to sleep on a couch while complainant slept on a chair. The next thing he remembered was waking up the next morning when defendant’s parents came downstairs. Over defense objection, complainant testified that defendant’s mother had said to defendant, “Why do you keep on bringing these young boys home?” The complainant did not remember whether defendant had made any response. Defendant then drove the boys first to a restaurant for breakfast and then to the barber shop where defendant worked. While defendant went in, McVay and the complainant waited in the car. The complainant fell asleep for one or two hours; when he awoke he went home.

The complainant further testified over defense objections that there had been two other occasions of oral sex between the defendant and him. Though initially he stated that he had had oral sex with defendant, “last week in front of my house,” he then stated that each of the sexual contacts occurred approximately one week apart. After the second time, defendant gave him $5; after the third time, $8. On all three occasions the complainant drank beer and schnapps. Over defense objection, the complainant testified that defendant had bought him beer and schnapps a total of four or five times.

On cross-examination, the complainant admitted that in a statement he gave to police on March 11, 1977, he had told them the defendant was driving a white station wagon when he first met him, while at trial he had testified that the car was a two-door Oldsmobile; however, he explained that defendant had had three cars since he had known him and he got them mixed up. The complainant did not remember telling the police on March 11 that McVay and he planned to go skating on a Friday night about three weeks before school started; that he remembered it because he had purchased a Go-Kart about two weeks before school started and the incident in question occurred one week before he purchased the Go-Kart. Nor was the complainant sure it was a Friday night. He stated that it was two or three weeks prior to the opening of school that he met defendant and it was a week to two weeks after the initial meeting that the incident took place. He did not recall telling police on March 11 that he felt he had seen defendant for at least a month or so prior to the incident.

The complainant was then cross-examined as to the initial statement of the incident which he had given police on December 9, 1976. He admitted telling police at that time that defendant had performed oral sex on him two times, but explained that he had forgotten about the third occasion at the time he made the statement. He further admitted that in the December 9 statement, he made no mention of going to the Hollywood Dining center or of going to defendant’s home that night, or the remarks made by defendant’s mother, or about going to the barber shop the next day and sleeping in the car.

Further, on cross-examination, the complainant did not recall what kind of car defendant was driving at the time of the incident but thought it was either a white station wagon or a green LTD, but not an Oldsmobile. He testified that he told one of his brothers about the incident either before or after December 9; however, at the preliminary hearing he had testified that he did not tell any of his brothers about the incident. Finally, the complainant testified that while he had been in the pizza shop next to the barber shop, he had not been there with defendant.

On redirect examination, over defense objection, complainant testified that he had told Robert Buse about the incident; further, over defense objection, a portion of complainant’s preliminary hearing testimony was read in which the complainant had stated that he told Buse what defendant had done. Then, over defense objection, the State introduced the complainant’s March 11 statement. The complainant testified that in that statement he did tell police of the remark made by defendant’s mother; however, he did not know whether he had told them about going to the Hollywood Dining Center or about going to the liquor store the second time. The complainant testified that in his December 9 statement he had told the police that they had stopped to get something to eat, but he did not say where they ate.

The State then introduced the testimony of several witnesses who had observed the complainant in defendant’s company. John Frisella, who owned the pizza restaurant next to the barber shop where defendant was employed, testified that he had seen the complainant in the restaurant with another boy. The witness had observed the complainant visiting defendant several times and also saw the complainant and the other boy waiting outside the restaurant by defendant’s car. Gloria Ohnstead, a waitress at the Emporium Restaurant in Rockford, testified that the complainant and' another boy had been in the restaurant with defendant on approximately six or seven different occasions in August of 1976. Three barbers who worked with defendant testified that a number of young boys, including the complainant, had visited defendant at the barber shop several times a week.

The defense presented the testimony of Peter Vitale, a youth officer with the Rockford Police Department, who had taken the December 9 statement from the complainant. In that statement the complainant did not tell the officer about going to the Hollywood Dining Center, about going to defendant’s home, or about the remark made by defendant’s mother; nor did he mention going to the barber shop the next morning and sleeping in defendant’s car. Further, the complainant had told him that he had oral sex with defendant on two occasions.

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Cite This Page — Counsel Stack

Bluebook (online)
393 N.E.2d 1296, 75 Ill. App. 3d 826, 30 Ill. Dec. 949, 1979 Ill. App. LEXIS 3151, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-arbuckle-illappct-1979.