People v. Beals

520 N.E.2d 872, 165 Ill. App. 3d 955, 117 Ill. Dec. 521, 1988 Ill. App. LEXIS 29
CourtAppellate Court of Illinois
DecidedJanuary 19, 1988
DocketNo. 86-0325
StatusPublished
Cited by3 cases

This text of 520 N.E.2d 872 (People v. Beals) 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. Beals, 520 N.E.2d 872, 165 Ill. App. 3d 955, 117 Ill. Dec. 521, 1988 Ill. App. LEXIS 29 (Ill. Ct. App. 1988).

Opinion

JUSTICE O’CONNOR

delivered the opinion of the court:

Following a bench trial, defendants Nathan Beals and Kenneth Mitts were convicted of armed robbery and sentenced to seven years in the Illinois Department of Corrections. On appeal, they raise the following issues: (1) whether the prosecution failed to prove defendant Mitts guilty beyond a reasonable doubt; (2) whether the trial court erred in refusing to allow the defense to impeach the prosecution’s chief witness with respect to omissions in his prior statements to police; and (3) whether the trial court erred in admitting evidence of a lineup identification of Nathan Beals. We affirm.

At trial, the following evidence was adduced: Troy Moore, the co-defendant who testified for the People in exchange for receiving a sentence of two years’ probation for robbery, testified that defendants Mitts and Beals and he were at Beals’ home prior to committing the robbery. At approximately 2 a.m. on the robbery date, the defendants left Beals’ home to go “joyriding,” after taking the keys to Beals’ mother’s automobile, a white Chevrolet Nova. Beals announced his plans for a robbery during the joyride, and Moore and Mitts agreed to participate. Moore was to be the lookout man for the police, while Mitts was to be the driver of the vehicle. Beals revealed he had a gun, a small .22 caliber pistol, to be used in the robbery. Beals also had a mask “like a Halloween mask” to be used. After completing the robbery, the defendants planned to meet approximately three blocks from the robbery site on 63rd Street and Oakley Avenue.

Moore testified that Nathan Beals was the original driver and that defendant Mitts exchanged seats with Beals behind an Earl Scheib body shop to prepare for the robbery. Mitts then drove the vehicle to the corner of Western Avenue where the Shell gas station was located and let Moore and Beals out of the vehicle. Moore took up his position as lookout at a telephone booth to watch for the police. Mitts drove the vehicle into the gas station, and Beals proceeded through an alley to the side of the gas station attendant’s booth.

After defendant Mitts had pulled into the gas station, he started to pump gas. He turned the gas pump on, then switched it off and on again. The attendant left his locked booth in order to reset the pump. Defendant Beals, wearing the mask, came from the side of the gas station and held the gun on the attendant. After Beals took the money from the attendant, he ran down the alley. Defendant Mitts waited for his change before driving away. Moore stated that after the robbery, he and Beals met again and Mitts picked them up at 63rd and Oakley. They then returned to Beals’ house, where they divided the money.

Carlos Carlin, the gas station attendant, testified that at 3:10 a.m., he saw a white Nova pull up to a gas pump. Carlin was in the station booth with the doors locked when he saw defendant Mitts appear to have trouble with the gas pump. He left the booth to reset the pump and noticed Troy Moore at the telephone booth. After resetting the pump, he attempted to return to the station booth. He then noticed a man coming from the alley wearing a mask. The man told Carlin to “get his hands up.” Carlin saw that he had a revolver and knew that it was loaded because he saw the bullets in the revolver. The man put the gun against Carlin’s chest and went through Carlin’s pockets, removing $20 bills, $5 bills and some $1 bills. After taking the money, he ran toward the alley.

Carlin stated that he recognized Nathan Beals as the robber despite the fact that he was wearing a mask. He recognized his voice because, earlier in the day, Beals had come into the station to buy a package of cigarettes. When the defendant had approached the counter, he was told the price and said that he thought they were cheaper. He did not buy any cigarettes but remained in the store looking around before he left.

After defendant Beals took the money, Carlin saw him run into the alley. While Carlin was trying to call the police, defendant Mitts, who was still at the station, told Carlin to hurry up and give him his change. Although Mitts had been standing next to Carlin during the robbery, he had said nothing and had not been robbed. Carlin gave Mitts his change and noted the license number of the Nova as Mitts drove off.

While defendant Beals was searching the gas station attendant for money, Luis Masson drove by the station and saw the robbery in progress. Masson testified that he saw a man wearing a mask and a gray jogging suit pointing a gun at the attendant. Masson later identified Beals based upon the jacket and shoes he had worn during the robbery and from the facial features of the defendant. After the robbery, Masson had followed the defendant and saw him remove his mask while running.

Masson also observed and identified the lookout man as Troy Moore and Kenneth Mitts as the driver of the white Nova. While following Beals after the robbery, Masson saw Beals meet Troy Moore at 65th and Western Avenue.

Arresting officers Bilecki and Bartasik testified that they checked out the license plate- number given to them by the victim and found that the car was registered to a Molly Stewart, Nathan Beals’ mother, who lived on Wolcott Street. The officers went to her home at about 4 a.m. and saw the white Nova with its engine still warm and Nathan Beals on the porch talking to another individual. Defendant Beals and defendant Mitts, who were observed leaving the back door of the Beals house, were subsequently arrested. Shortly thereafter, the gas station attendant, who was being taken to the police station, was brought to Wolcott Street, where he identified defendant Beals as the robber.

When defendant Beals was searched after his arrest, officers recovered two $5 bills and seven $1 bills from his pocket. One of these dollars bills was identified by the victim, who recognized the bill by its age and the. way it was “crumpled.” When defendant Mitts was searched, the officers found a $20 bill and a $5 bill inside his shorts.

At approximately 5:30 a.m., detectives conducted a lineup which included defendant Mitts, defendant Beals, Troy Moore and two other men. The victim and the eyewitness, Luis Masson, viewed the lineup. Both men identified defendant Mitts, defendant Beals and Troy Moore as being in the station that night.

When the. officers spoke with Molly Stewart, defendant Beals’, mother, Stewart stated that when she awoke that morning to speak with police officers, she noticed that her car, a white Nova, was not in the same place that she had parked it in earlier. Detective Griffin testified that he asked her at that time if she noticed anything missing from her car and stated that she told him that the last time she had driven it, there was a Halloween mask in the car that (Nathan) Beals used to “scare the children.” At trial, Stewart denied that anything was missing from the car and claimed that she had never had a conversation concerning the Halloween mask with either Detective Griffin or Officer Bilecki.

The defendant called one witness, Molly Stewart. She claimed that on the night of the robbery, she was watching television with defendant Beals and fell asleep. She awoke to hear a pounding on the door and when defendant Beals went to answer it, the police put handcuffs on him.

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Cite This Page — Counsel Stack

Bluebook (online)
520 N.E.2d 872, 165 Ill. App. 3d 955, 117 Ill. Dec. 521, 1988 Ill. App. LEXIS 29, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-beals-illappct-1988.