People v. Banks

486 N.E.2d 953, 138 Ill. App. 3d 994, 93 Ill. Dec. 420, 1985 Ill. App. LEXIS 2774
CourtAppellate Court of Illinois
DecidedDecember 4, 1985
Docket2-84-0392, 2-84-0420 cons
StatusPublished
Cited by7 cases

This text of 486 N.E.2d 953 (People v. Banks) 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. Banks, 486 N.E.2d 953, 138 Ill. App. 3d 994, 93 Ill. Dec. 420, 1985 Ill. App. LEXIS 2774 (Ill. Ct. App. 1985).

Opinions

JUSTICE UNVERZAGT

delivered the opinion of the court:

The defendants, Vinson (Rollo) Banks and Dexter (Lydell) Richardson, were charged by information in Winnebago County with two counts of murder in the August 4, 1983, death of Freddy Peterson. A third defendant also charged with the murder, Reginald (Scooter) Howard, was tried and convicted separately. The defendants here were jointly tried and convicted by a jury, and were separately sentenced to 20 years in the Illinois Department of Corrections. Their appeals were consolidated by this court.

The State’s theory was that these defendants held Freddy Peterson’s arms while Scooter Howard delivered the fatal stab wound. Defendants challenge the sufficiency of the evidence where the State’s sole occurrence witness, 16-year-old Jackie Hill, was impeached by her subsequent written and oral statements exculpating the defendants. They further contend they were deprived of a fair trial by improper comments made by the prosecutor during rebuttal argument which shifted the jury’s attention from Jackie Hill’s credibility to unsubstantiated allegations of illegal activity by defense counsel.

At trial, the State’s key witness, Jackie Hill, testified concerning the events of August 3, 1983. She and her brother, Jeff Hill, saw Freddy Peterson during the afternoon. Freddy was the brother of Steve Peterson, Jackie’s boyfriend. Freddy stopped on the street, and the three of them talked, and Jackie’s aunt, Turina Cochran, joined them. Although she was Jackie’s aunt, Turina was almost the same age as Jackie. Jeff left the group to go to Mary Neiber’s house. At the time in question, Mary Neiber was Vinson Banks’ girl friend. Freddy, Jackie, and Turina went driving around for a while and then went to Freddy’s house, where they joined up with Steve Peterson.

The foursome listened to some music, then Jackie and Turina went out with Freddy and he bought some liquor. They drove around some more and went back to Freddy’s house. In addition to Steve, Freddy’s mother and little brother were there also. While the others drank rum, Jackie had a soda pop. About 11:30 p.m., Freddy, Jackie and Turina walked to Mary Neiber’s house. About 15 minutes later, Scooter Howard, Turina’s boyfriend, arrived. He was riding a dirt bike. When Freddy, Jackie, Turina and Scooter were on the porch, Turina introduced Scooter to Freddy as her boyfriend. The two men greeted each other, and Freddy began descending the porch steps, asking Jackie if he could use the phone at her house. On the way down, Freddy took a knife out of his back pocket, slashed the back tire of Scooter’s dirt bike, and said, “Everything’s cool.” Scooter responded, “Yeah, man, everything’s cool.” Freddy then began talking about a gang called the Black Gangster Disciples, and he and Jackie started walking away toward her house.

Just about that time, the defendants here, Rollo and Lydell, drove up in front of Mary’s house. As noted, Rollo, who was driving the car, was Mary’s boyfriend at that time. When Scooter saw the two men driveup, he said something “smart” to Freddy, and Freddy walked back toward the porch. Jackie knew Rollo and Lydell and considered them friends. Scooter went to meet Rollo and Lydell by the curb; Freddy was standing on the porch steps. She heard Scooter saying to Rollo and Lydell, “We was gonna kick this punk’s ass.” Lydell asked Scooter what happened, and Scooter told them about the slashed tire. Lydell said, “Man, you want to kick his ass.” Jackie testified she told them to leave Freddy alone because he was drunk, but that Lydell said, “No, we gonna kick this punk’s ass.”

The three men approached Freddy, Scooter took the knife out of Freddy’s pocket, and he began poking the opened knife at Freddy. Freddy jumped off the steps, removed a belt that he had worn around his neck, and began moving around, swinging the belt at Scooter.

Jackie testified she was telling Scooter and the defendants to leave Freddy alone, saying not to fight with the knife, but to have a fist fight only. She tried to grab Freddy but he pushed her out of the way. He started to back off, saying, “Everything cool, man, leave me alone.” He then began running down the street. Scooter, followed by Lydell and Rollo, ran after Freddy. As Jackie ran after them, she saw Scooter stab Freddy twice in the back. The defendants were still running up behind Scooter. Freddy slowed down after he was stabbed. Scooter then ran around in front of Freddy. Lydell and Rollo were on each side of Freddy, holding his right and left arm, respectively, when Scooter stabbed him twice in the chest with the knife.

Jackie testified that immediately thereafter, she heard her sister, Crystal, call her name. She turned around, yelled “What?” and Crystal told her to come to where she was. Jackie refused and told her to come to where she was. She turned back around and started walking toward where Freddy had been, although she could not see him. Scooter and the defendants were walking toward her; she told Scooter that if Freddy was hurt, she was going to tell. Scooter said: “If you tell, you gonna get the same treatment.” He and the defendants then continued walking back to Mary’s house. Jackie testified she was going on to see how Freddy was, but Crystal kept calling her and she walked back down the street to where Crystal was near Mary’s house.

Jackie and Crystal went inside Mary’s house; Scooter and the defendants were there, along with Mary, Turina, and two other people, presumably two of Mary’s three children. Lydell called Jackie names, and tried to talk to her. She told him to let her go. Scooter and the defendants then left the house, and left the area in the car in which Rollo and Lydell had arrived.

Jackie testified she was trying to stop crying, and that she, Turina, and Crystal went to see how Freddy was. They found him lying next to the curb on his stomach. His shirt was pulled up, exposing a portion of skin of his lower back. Jackie told Crystal to call an ambulance; the police arrived before the ambulance.

Crystal Hill testified that she was in her backyard hanging up laundry, when she heard people running, hollering, up the street. She went to the comer of Loomis and Sanford and saw her aunt, Turina Cochran. After she talked with Turina, she started moving up the street, calling for Jackie. She met Jackie, they talked, and then saw Scooter, Rollo and Lydell walking together down the street. She testified she heard Scooter tell Jackie, “She get the same thing happen to her.” They all then went to Mary Neiber’s house. The three men left after about five minutes. Then she, Jackie, and Turina went to find Freddy. She testified she did not make a report to the police of what she had seen or heard, and that they did not question her specifically about the incident.

Officer Koelker, the first Rockford police officer on the scene, testified he found Freddy lying stomach-down on his side against the curb. His shirt was pulled up, exposing a portion of his back and the top of his undershorts. Koelker pulled the shirt up further, exposing two puncture wounds on the back of the body and two wounds on the front of the body. A black belt with a two-pronged buckle was found laying in the street about three to four feet away from the body.

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People v. Banks
486 N.E.2d 953 (Appellate Court of Illinois, 1985)

Cite This Page — Counsel Stack

Bluebook (online)
486 N.E.2d 953, 138 Ill. App. 3d 994, 93 Ill. Dec. 420, 1985 Ill. App. LEXIS 2774, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-banks-illappct-1985.