People v. Beacham

545 N.E.2d 392, 189 Ill. App. 3d 483, 136 Ill. Dec. 868, 1989 Ill. App. LEXIS 1520
CourtAppellate Court of Illinois
DecidedSeptember 28, 1989
Docket1-87-1628
StatusPublished
Cited by13 cases

This text of 545 N.E.2d 392 (People v. Beacham) 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. Beacham, 545 N.E.2d 392, 189 Ill. App. 3d 483, 136 Ill. Dec. 868, 1989 Ill. App. LEXIS 1520 (Ill. Ct. App. 1989).

Opinion

JUSTICE LINN

delivered the opinion of the court:

A jury found defendant, Reginald Beacham, guilty of murder and attempted murder arising out of a shooting incident in a lounge in May 1986. He was sentenced to prison terms of 30 years for the attempted murder and 40 years for murder.

On appeal he raises a number of trial errors, primarily involving the manner in which the jury was instructed. He also contends that a member of the jury should have been excused for cause and that he had the right to be present during the exercise of peremptory challenges. Finally, he argues that evidence of his prior conviction for armed robbery was more prejudicial than probative and should have been excluded.

We affirm.

Background

On May 11, 1986, at a Mother’s Day party in Huskies’ Lounge in Chicago, Beacham shot and killed Will James and shot and crippled Frank James. A jury found Beacham guilty of murder and attempted murder.

The State presented six eyewitnesses, including one of the victims, Frank James. According to the testimony, Beacham had come to the lounge and tried to enter without paying the dollar cover charge required of male customers. The tavern’s owner, Issac James, heard Beacham cursing and arguing with Clarence Ballard, who was collecting the cover charge at the door. Issac came out from behind the bar to the vestibule and told Beacham not to curse because a Mother’s Day party was in progress. At the time, Issac’s brother, Frank, was on the telephone ordering more food from the caterer. Beacham saw Will James standing by the bar with his hands in his pockets and demanded to know what he was doing. Beacham then noticed that Frank James was on the telephone and said, “God damn it, you calling the police.” He pulled a gun and shot Frank through the neck.

As Frank fell to the floor, Will James told Issac to hold Beacham. Issac grabbed Beacham, whose gun hand remained free, and when Will went to help Issac, Beacham shot and killed Will James. Beacham broke loose from Issac and fled, dropping his gun. Nine days later, he was arrested. He initially claimed that it was his brother who had committed the shootings.

Beacham’s version of the event differed from what the State’s witnesses related. He was the only one to testify for the defense. According to him, he and a friend had gone to Huskies’ lounge. When he arrived, Clarence Ballard shoved him on the shoulder, telling him he had to pay to get in. Ballard apologized for shoving him. Then Issac James came up and told him to pay the dollar or leave. Beacham said he would rather leave and backed up toward the outer door.

According to Beacham, at this point someone came up with a gun and said, “He told you to leave, nigger.” Beacham grabbed the gun and struggled with the unknown person. A shot went off and the gun fell. Next, Beacham testified, he picked up the gun and backed up to the door. A second unknown person came at him with a knife. Beacham tried to deflect the knife hand of the other person, but Beacham was pushed against the door and the gun went off again.

Beacham further testified that he again struggled with people in the vestibule but was able to escape. He went to a friend’s house, changed out of the red jogging suit he was wearing, and left it there. He said that when he left the tavern he did not know that anyone had been shot. He denied that he had intended to shoot anyone.

On cross-examination, the State offered' in impeachment of Beacham the fact that he had been convicted of armed robbery approximately nine years earlier.

Beacham offered into evidence a certified copy of a 1984 felony unlawful use of weapons conviction of Will James, the man who had been killed at the tavern. He also produced his red jogging suit into evidence to support his contention that he did not have a gun when he entered the lounge because the pockets were not large enough to hold a gun.

The jury found Beacham guilty of all charges, and the court sentenced him to consecutive prison terms of 30 years for attempted murder and 40 years for murder. At the sentencing hearing it was revealed that Beacham had at least 15 prior convictions, five of which were for felonies, including armed robbery and intimidation.

Opinion

I

Beacham initially challenges the instructions that were given to the jury. Specifically, he challenges the instructions that set out the State’s burden of proof on the manslaughter issue and the instructions that proscribe the use of force by a fleeing felon.

A

He argues that the murder and voluntary manslaughter instructions were fatally deficient in light of the Illinois Supreme Court’s decision in People v. Reddick (1988), 123 Ill. 2d 184, 526 N.E.2d 141. In Reddick the court held that the Illinois Pattern Jury Instructions (IPI) on point contained grave error because they misstated the State’s burden of proof in a murder prosecution. In essence, these instructions require the State to prove the defendant’s mitigating mental state necessary to reduce a murder count to voluntary manslaughter under the Criminal Code of 1961, sections 9 — 2(a) (provocation) and 9 — 2(b) (unreasonable belief of self-defense). (Ill. Rev. Stat. 1985, ch. 38, pars. 9 — 2(a), (b).) It is not the State, however, who is interested in proving mitigation; clearly, it is the defendant who introduces such evidence. The State is then required to disprove the mitigating mental state beyond a reasonable doubt. The Illinois Supreme Court in Reddick concluded that the challenged IPI are misleading because they fail to properly articulate this burden of proof. See also People v. Brooks (1988), 175 Ill. App. 3d 136, 529 N.E.2d 732; People v. Benabe (1989), 180 Ill. App. 3d 235, 535 N.E.2d 949.

In the pending case, however, we do not find that Reddick requires reversal of either of Beacham’s convictions.

ATTEMPTED MURDER OF FRANK .TAMES

The attempted murder charge is unaffected by any Reddick error because attempted murder requires proof of a different mental state from murder or manslaughter. The Illinois Supreme Court has held that there is no such crime as attempted voluntary manslaughter. (People v. Reagan (1983), 99 Ill. 2d 238, 457 N.E.2d 1260.) In Reagan the court noted that a defendant who intends to kill another while acting under an unreasonable belief that his use of force is justified does not have the requisite mental state to commit a crime. Therefore, one charged with attempted murder would be acquitted of that crime, presumably, if the jury believed that the defendant’s intent to kill was motivated by his belief that he was defending himself. It follows that the murder/voluntary manslaughter instructions that were discredited in Reddick would not, and should not, be given in an attempted murder prosecution. See People v. Powell (1989), 180 Ill. App.

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Cite This Page — Counsel Stack

Bluebook (online)
545 N.E.2d 392, 189 Ill. App. 3d 483, 136 Ill. Dec. 868, 1989 Ill. App. LEXIS 1520, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-beacham-illappct-1989.