People v. Arsberry

611 N.E.2d 1285, 242 Ill. App. 3d 1034, 183 Ill. Dec. 637, 1993 Ill. App. LEXIS 265
CourtAppellate Court of Illinois
DecidedMarch 4, 1993
Docket1-90-3616
StatusPublished
Cited by16 cases

This text of 611 N.E.2d 1285 (People v. Arsberry) 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. Arsberry, 611 N.E.2d 1285, 242 Ill. App. 3d 1034, 183 Ill. Dec. 637, 1993 Ill. App. LEXIS 265 (Ill. Ct. App. 1993).

Opinion

JUSTICE JOHNSON

delivered the opinion of the court:

After a trial by jury in the circuit court of Cook County, defendant, Lonnie Arsberry, was convicted of armed robbery (111. Rev. Stat. 1985, ch. 38, par. 18 — 2) and two counts of aggravated battery (111. Rev. Stat. 1985, ch. 38, par. 12 — 4). He was sentenced to 60 years’ imprisonment for the armed robbery conviction and to concurrent five-year terms for each aggravated battery conviction, to be served consecutively to the armed robbery term.

On appeal, defendant contends that (1) he was not tried within 120 days of his arrest; (2) he was erroneously convicted of aggravated battery because the requisite statutory mental element was not proved; (3) the prosecutor made prejudicial and improper remarks during closing argument; and (4) the trial court abused its discretion in dismissing defendant’s petition for discharge without making specific findings of fact.

We affirm.

The following facts were adduced at trial. Deborah Garr, former manager of the Payless Shoe Store at 1935 Mannheim Road in Mel-rose Park, testified that she was working at the store on October 10, 1989, at 2 p.m. She stated that she went to greet a customer at the front of the store when he ordered her and a co-worker, Caroline Bartlett, to go to the back of the store. The women did not move and the man pulled out a gun. He repeated his demand and they complied.

Garr heard another voice at the front of the store instructing someone to “get the manager.” She immediately headed toward the front of the store while the other man continued to point the gun at her. She walked until she stood directly in front of the man who demanded the manager. She identified this man as defendant.

Defendant handed the gunman a “brownish looking” bank bag and told him to get the money. Defendant then went to the back of the store and told Caroline Bartlett to “get on the floor.” The gunman directed Garr to the cash register and ordered her to open it. She opened the register and he reached in and took all the cash except the $1 bills. The gunman then told her to open the safe behind the front counter. He emptied the safe while holding the gun to Garr’s head.

The gunman then walked Garr to the back of the store, nudging her with the gun. At the back of the store she saw Bartlett and the two were ordered to lie on their stomachs. Defendant and the gunman fled the scene, and Garr immediately called the Melrose Park police department. She told police that the men were driving a new, blue Chevrolet Corsica and were traveling south on Mannheim.

Later that afternoon, Garr and Bartlett went to the Melrose Park police department to view a lineup. Garr identified both defendant and the gunman. She also identified the bank bag containing the stolen cash and other items. Bartlett corroborated Garr’s testimony.

Officer Frank Esposito, a patrolman with the Stone Park police department, testified that, on October 10, 1989, he received a dispatch from the Melrose Park police department. He was informed of an armed robbery at the Payless Shoe Store in Melrose Crossing. The dispatch provided a description of the offenders, a description of the vehicle in which they were traveling, and the direction in which they were going.

After receiving the dispatch, Officer Esposito exited the police station and observed a late model, blue Chevrolet Corsica traveling southbound in front of the station. He got into his squad car, followed the Corsica and stopped directly behind it at the intersection of Lake and Mannheim Roads. He observed that the car had Ohio plates and radioed the information to the station. He then turned on his headlights and trailed the vehicle. He pointed to the curb, indicating that the driver should pull over. The vehicle appeared to be pulling over and then accelerated quickly, proceeding eastbound on St. Charles Road.

Officer Esposito continued to pursue the car, activating his siren and his mars lights. At this point, he saw another occupant in the car. He said the car was traveling in excess of 60 miles per hour and he followed it for approximately 10 to 15 blocks.

The car veered onto the curb at 19th Avenue and St. Charles Road, hitting the base of a stoplight. It continued eastbound on the sidewalk about 100 feet, heading into a crowd of people. While driving past the southeast corner of that intersection, he saw one person on the ground and a woman on the hood of the car, which sped away at about 60 miles per hour. He stated that the car traveled about 14 blocks at speeds of between 60 and 70 miles per hour, with the woman on the hood. It eventually hit a railroad sign and some cement pillars on 4th Avenue.

The officer observed the woman fall off the car and saw defendant and the gunman exit the car. Officer Piemonti, also of the Melrose Park police department, proceeded to chase defendant, ordering him to stop. Defendant failed to obey this direction. Maywood police officer Chris Brown finally stopped defendant, and Officer Piemonti handcuffed him and brought him back to 4th Avenue. There he observed a brown bag in defendant’s car. Officer Brown testified that he pursued the car and chased and arrested the gunman.

Patrice Williams testified that on the afternoon of October 10, 1989, she and her boyfriend, Ryan Gwin, were on the southeast corner of 19th Avenue and St. Charles Road. She stated that a car struck Gwin on the left side while they were standing on the sidewalk. As she observed Gwin, she was hit and flew onto the hood of the car. Williams then saw the driver and another man leaning down in the back seat.

After she landed on the car, it accelerated and proceeded down St. Charles Road. She remained on the hood of the car with her face pressed against the windshield. She was crying and begging the driver to stop the car. She testified that defendant never said anything, continued to drive the car, and looked around her body so he could see the road.

Williams was thrown off the car at 4th Avenue and St. Charles Road. She sustained a broken left wrist, a broken left ankle, a two-inch scar on her head, and numerous abrasions.

Ryan Gwin testified to similar facts. He stated that before driving off with Williams on the hood, the car struck his leg, pinning it between the car and a building. He fell onto his back and the car sped down the street. His resulting injuries include a fractured ankle, stitches in his left elbow, and mass abrasions on his back. Presently, he walks with a limp.

After both sides completed closing arguments, the jury convicted defendant of armed robbery and two counts of aggravated battery. He was sentenced to 60 years’ imprisonment for the armed robbery conviction and to concurrent five-year terms for each aggravated battery conviction, to be served consecutively to the armed robbery term. Defendant now appeals his conviction.

Defendant initially argues that he was not brought to trial within 120 days of his arrest in violation of the Code of Criminal Procedure of 1963 (111. Rev. Stat. 1987, ch. 38, par. 103 — 5(a)). The statutory provision is as follows:

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Cite This Page — Counsel Stack

Bluebook (online)
611 N.E.2d 1285, 242 Ill. App. 3d 1034, 183 Ill. Dec. 637, 1993 Ill. App. LEXIS 265, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-arsberry-illappct-1993.