People v. Beals

618 N.E.2d 273, 248 Ill. App. 3d 19, 187 Ill. Dec. 682, 1992 Ill. App. LEXIS 1817
CourtAppellate Court of Illinois
DecidedNovember 13, 1992
Docket1 — 90—0969
StatusPublished
Cited by6 cases

This text of 618 N.E.2d 273 (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, 618 N.E.2d 273, 248 Ill. App. 3d 19, 187 Ill. Dec. 682, 1992 Ill. App. LEXIS 1817 (Ill. Ct. App. 1992).

Opinion

PRESIDING JUSTICE McNULTY

delivered the opinion of the court:

Following a jury trial, defendant Brian Beals was convicted of first degree murder and aggravated battery and sentenced to concurrent terms of 80 years for the murder and five years for the aggravated battery. On appeal, defendant contends that: (1) he was denied effective assistance of counsel; (2) the trial court improperly considered that defendant’s conduct resulted in the taking of a life; (3) the trial court erroneously believed that defendant was eligible for a sentence of natural life imprisonment; and (4) the trial court abused its discretion when it imposed an 80-year extended-term sentence.

At trial, Valerie Campbell testified that on the afternoon of November 16, 1988, she was walking with her sons, Cordell, Antonio, and Demetrius, and her boyfriend, Derrick Lewis, in the vicinity of 60th Street and Normal when they encountered Steven Johnson and defendant arguing on the sidewalk. Valerie and her sons continued to walk down 60th Street past Steven Johnson and defendant, but Lewis stayed behind. Lewis told Valerie that he would meet her at her mother’s house. Lewis and Johnson then entered Johnson’s car and drove away. Valerie testified that she then observed defendant get into a car and drive down 60th Street toward Valerie and her sons. As Valerie and her sons were crossing 60th Street, Valerie observed defendant point a gun out of the driver’s side window of his car. Valerie and her sons started running. Valerie then heard a “pow” and observed her six-year-old son Demetrius look back at the car, say “ouch” and fall to the ground. She heard a second shot and felt a pinch in her left leg. Valerie picked up Demetrius and ran with the other boys toward a house on 60th Street. While they hid under the porch of the house, they observed defendant get out of his car and look around for a few minutes. Defendant then got back into his car and drove away. Valerie discovered that her son Demetrius had been shot in the neck and that she had been shot in the leg. Demetrius later died as a result of the gunshot wound.

Antonio Campbell testified that defendant was wearing a bright Adidas jacket while defendant argued with Johnson on the sidewalk. After Lewis and Johnson entered Johnson’s car and drove away from defendant, Antonio observed defendant run into a house. Antonio next observed defendant in his car shooting at Antonio, his brothers, and his mother.

Steven Johnson testified that on November 16, 1988, during the afternoon hours, he went to 451 West 60th Street in Chicago to talk to a woman known as “CC.” Johnson told CC that she should not allow defendant to live in the building because defendant sold drugs. During this conversation, defendant arrived and told Johnson that defendant could sell drugs wherever he wanted. While defendant and Johnson were arguing on the sidewalk in front of the building, Valerie, her sons, and Lewis walked past. Lewis told Johnson to stop .fighting and then Lewis and Johnson got into Johnson’s car and drove away. Johnson noticed that defendant was wearing a jacket during their argument.

Both Johnson and Derrick Lewis testified that they heard two shots. They proceeded to Valerie’s mother’s house, and on their way noticed Valerie on a porch. Valerie described the shooter to Lewis and Lewis led police to defendant’s house.

Officer Wilson testified that when he arrived at defendant’s house, he observed defendant running into the house. When Wilson entered the home, defendant’s friend Mark Terrell told the officer that defendant was not home. Officer Wilson searched the house and found defendant hiding under a sheet in the basement.

Detective Ptak testified that after defendant was taken into custody, he and Antonio and Cordell Campbell proceeded to Mark Terrell’s home. Detective Ptak recovered a jacket from Terrell’s automobile which Cordell indicated was the jacket worn by defendant during the shooting. One of Valerie’s sons later identified a car as the one driven by defendant during the shooting. Detective Ptak testified that the mobile crime lab performed a gunshot residue test on Lewis, Johnson and defendant in order to determine whether any of these individuals had fired a gun. The detective testified that these tests were inconclusive since they were conducted approximately three hours after the shooting. Detective Ptak also testified that he had no special training with regard to the gunshot residue test and he had not administered the test.

Norman Yancy testified on defendant’s behalf that when he looked out the window of his home at 443 West 60th Street on November 16, 1988, he saw two men across the street, one standing on the sidewalk, and the other standing in a vacant lot. Yancy testified that he observed one of the men shooting in a westerly direction, and a blue or black sports car travel eastbound on 60th Street, pull into the alley, and pick up the shooter. On cross-examination, Yancy stated that he never described the driver of the getaway car to defense counsel as 6 feet 5 inches tall, light-skinned, and 20 to 23 years old. Yancy admitted that he never offered police any information on the shooting. Yancy also denied that he told the police that the shooting occurred in the summer.

Sidney Cobb testified on defendant’s behalf that on the afternoon of the shooting, he was with defendant in the apartment on 60th Street. Cobb testified that defendant left the apartment, went downstairs, and talked to Johnson, who was at the front door. Cobb testified that defendant returned to the apartment, grabbed his jacket, and left the apartment. According to Cobb, defendant did not have a weapon. Cobb testified that he observed defendant drive away in his automobile and a man shooting at defendant’s car. Cobb testified he saw the man shoot in a westerly direction and then run into the alley. Cobb admitted that he never offered the police any information regarding the shooting.

Defendant testified on his own behalf that at the time of the shooting he was a fourth-year student at Southern Illinois University. Defendant testified that on November 16, 1988, he was in his. apartment at 541 West 60th Street with Cobb when he saw Johnson in front of the building. Defendant went downstairs and he and Johnson got into an argument. Defendant stated that during the argument, Valerie, her sons and Lewis approached. Defendant testified that Lewis remained behind while Valerie and her sons continued to walk down 60th Street. Defendant testified that Johnson drove off and defendant went up to his apartment and got his jacket and car keys. Defendant testified that while he walked toward his car, he observed two men running toward him, one with a gun. Defendant entered his car and drove away. Through his rearview mirror, he saw a man in the alley firing shots at his car. Defendant testified that he went to Mark Terrell’s house and then to his mother’s house. After defendant heard a knock on the door, he proceeded to the basement, but never covered himself with a sheet. Defendant testified that he thought the police were looking for him in regard to an unlawful use of a weapon (UUW) warrant. Defendant also testified that the UUW case had been dismissed. Defendant testified he was not wearing his Adidas jacket during his argument with Johnson.

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Cite This Page — Counsel Stack

Bluebook (online)
618 N.E.2d 273, 248 Ill. App. 3d 19, 187 Ill. Dec. 682, 1992 Ill. App. LEXIS 1817, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-beals-illappct-1992.