People v. Bartall

456 N.E.2d 59, 98 Ill. 2d 294, 74 Ill. Dec. 557, 1983 Ill. LEXIS 475
CourtIllinois Supreme Court
DecidedOctober 21, 1983
Docket56658
StatusPublished
Cited by296 cases

This text of 456 N.E.2d 59 (People v. Bartall) is published on Counsel Stack Legal Research, covering Illinois Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
People v. Bartall, 456 N.E.2d 59, 98 Ill. 2d 294, 74 Ill. Dec. 557, 1983 Ill. LEXIS 475 (Ill. 1983).

Opinion

JUSTICE SIMON

delivered the opinion of the court:

In the early morning hours of December 30, 1979, the defendant, Kurt Bartall, fired two shots from his automobile as it traveled along Milwaukee Avenue in Chicago. One of these shots killed a young woman who was standing in an adjacent parking lot. In a jury trial in the circuit court of Cook County the defendant was convicted of murder and armed violence and was sentenced to imprisonment for 20 years.

The appellate court, with one justice dissenting, reversed the defendant’s conviction. (105 Ill. App. 3d 867.) The majority of the appellate court concluded that it was reversible error for the trial court to admit evidence of a shooting incident that occurred nearly 20 hours after the homicide. The dissenting justice’s view was that the subsequent shooting incident was admissible to establish the context of the defendant’s arrest. (105 Ill. App. 3d 867, 875 (Linn, J., dissenting).) He also suggested that even if it was improper to admit the subsequent shooting incident, this error was harmless beyond a reasonable doubt in view of the overwhelming evidence of the defendant’s guilt.

This court granted the People’s petition for leave to appeal (87 Ill. 2d R. 315(a)). The defendant contends that his conviction must be reversed because he was not proved guilty of murder beyond a reasonable doubt, because the trial court improperly admitted evidence of the subsequent shooting incident, because the trial court committed other errors, and because the prosecutor made inflammatory and highly prejudicial remarks in his opening and closing statements. Finding no reversible error among these claims, we reverse the judgment of the appellate court and affirm the decision of the circuit court.

THE EVIDENCE AT TRIAL

On the evening of December 29, 1979, the victim, Betty Quinn and a friend, Eileen Kampwirth, visited a tavern at 5840 North Milwaukee Avenue. in Chicago. Quinn parked her automobile in a grocery store parking lot about half a block away. The lot was adjacent to the southeast-bound lanes on Milwaukee Avenue, and Kampwirth testified that Quinn’s automobile was parked 12 feet inside the curb.

At the tavern the two women met Mark Tatum and Bill Will, friends of Kampwirth. At about 2:30 a.m. on the morning of December 30, 1979, the four left the tavern together and went to Quinn’s automobile. Kampwirth and Will both testified that as the group stood in the parking lot there were no parked cars, walls or other obstructions between them and the street. Suddenly, Kampwirth heard a gunshot which sounded like “a very loud firecracker.” Will, on the other hand, heard two bangs no more than 45 seconds apart. Shortly after the first bang Will saw Quinn as she “looked out towards Milwaukee Avenue.” After the second shot he saw an automobile heading away from the parking lot. The automobile appeared to be traveling at the speed limit in the inside northwest-bound lane of Milwaukee Avenue. Both Will and Kampwirth turned to look at Quinn, who had been standing the closest to Milwaukee Avenue, and found her lying on the ground bleeding profusely from the face.

Will also testified that he lives near the parking lot and that on occasic he has walked at night on the sidewalk across the street from it. He stated that on such occasions the light from the street lamps was sufficient to illuminate objects in the parking lot.

Shortly after the shooting, Quinn was pronounced dead at a nearby hospital. A physician who performed an autopsy testified that the victim died from a bullet wound to the head. At the time of the autopsy the victim was 5 feet 6 inches tall, and a bullet entrance wound was found on the rear of her head about three inches from the top. The wound followed a horizontal course through the victim’s head, and a bullet exit wound was located near the right upper eyelid. Two bullet jacket fragments were recovered in the course of the autopsy.

Police evidence technicians also recovered a bullet from a dry cleaners located several doors down Milwaukee Avenue from the parking lot. This bullet had left a hole in the front window of the building about six feet off the ground.

Over the defendant’s objection the trial court admitted evidence of a subsequent offense by the defendant in order to establish his intent in the Quinn homicide. The testimony of Kathy Preze provided most of the evidence of the subsequent offense. Preze testified that at about 10:30 p.m. on December 30, 1979, she was driving her automobile northbound on Milwaukee Avenue when a silver automobile with license number KB 26 swerved in front of her and braked hard. Preze swerved into another lane and a short time later heard a noise that sounded like a firecracker. As the vehicles continued down the highway a man in the driver’s seat of the other automobile, whom she later identified as the defendant, made an obscene gesture at her and pointed a gun at her face. Preze swerved her automobile into oncoming traffic to avoid the gun and heard another noise that sounded like a firecracker. The defendant’s automobile then “turned off its lights and sped away.”

Preze immediately reported the incident to the Niles police department, and the defendant and Cindy Kerstein, his fiancee, were apprehended within the hour. At the time of his arrest the defendant was wearing a shoulder holster which contained a loaded handgun. Two empty rounds and a box of live ammunition were found on the floor of the defendant’s automobile. Preze was in the Niles police station as the defendant and Kerstein were brought in, and she testified she heard the defendant call out several times to his fiancee: “[Djon’t tell them anything, we’ll get out of this one. Just don’t tell them anything.” In the station it first occurred to Preze that the defendant was an acquaintance of her family.

An inspection of Preze’s vehicle revealed a bullet hole in the fender above the right rear tire, and about two months after the incident Preze discovered a bullet lodged in a box in the trunk of her automobile. Sergeant Vincent Lomoro, a police evidence technician, compared this bullet and the bullet fragments recovered in the autopsy of Betty Quinn with bullets test fired from the gun the defendant was carrying at his arrest. He concluded that the bullet fragments and the bullets were all fired from the defendant’s gun.

Frank Cappitelli, a Chicago police detective, visited the parking lot on Milwaukee Avenue between 2:30 a.m. and 3 a.m. on the morning of the homicide and observed that the lighting in the area was sufficient to illuminate the surrounding buildings and automobiles on Milwaukee Avenue. The following evening Detective Cappitelli interviewed the defendant at the Niles police station and told him that he was investigating a homicide which had occurred on Milwaukee Avenue in the preceding day or so. The defendant expressed a willingness to talk with the detective, but denied having been on Milwaukee Avenue the evening before or having committed a shooting there. He stated that he was in Elkhorn, Wisconsin, with his fiancee and that the weapon recovered by the Niles police had been purchased in Wisconsin at about 10 a.m. on the morning of December 30.

The detective returned the following morning, and in this interview the defendant gave him another statement. The detective testified:

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Cite This Page — Counsel Stack

Bluebook (online)
456 N.E.2d 59, 98 Ill. 2d 294, 74 Ill. Dec. 557, 1983 Ill. LEXIS 475, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-bartall-ill-1983.