People v. Beasley

622 N.E.2d 1236, 251 Ill. App. 3d 872, 190 Ill. Dec. 919, 1993 Ill. App. LEXIS 1649
CourtAppellate Court of Illinois
DecidedNovember 1, 1993
Docket5-92-0049
StatusPublished
Cited by8 cases

This text of 622 N.E.2d 1236 (People v. Beasley) 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. Beasley, 622 N.E.2d 1236, 251 Ill. App. 3d 872, 190 Ill. Dec. 919, 1993 Ill. App. LEXIS 1649 (Ill. Ct. App. 1993).

Opinions

JUSTICE MAAG

delivered the opinion of the court:

The defendant, Sheila Beasley, was convicted by a jury of second-degree murder (Ill. Rev. Stat. 1991, ch. 38, par. 9 — 2(a) (now 720 ILCS 5/9 — 2(a) (West 1992))) for shooting her husband to death. The trial court sentenced the defendant to eight years’ imprisonment. The defendant appeals contending that: (1) the evidence established self-defense; hence, she was not proved guilty beyond a reasonable doubt; (2) the trial court erred in dismissing two potential jurors sua sponte; and (3) her sentence should be reduced in view of several mitigating factors. We affirm.

The relevant facts can be summarized as follows: The defendant married Luther Glen Beasley (hereinafter Glen) in April of 1983. During the course of their marriage, three children were born: Luke, Amanda, and Nathan. Amanda and Nathan have cystic fibrosis and Amanda also has leukemia. According to the defendant, Glen did not physically abuse her until approximately two weeks after they were married. On that occasion, Glen disparaged the defendant’s domestic abilities. In the months and years that followed, Glen physically and verbally abused the defendant often. Without going into the specific details of each instance of abuse, suffice it to say that the defendant was beaten for reasons ranging from the defendant forgetting to purchase Ding Dongs on a shopping trip to the defendant talking or dancing with another man, inciting Glen’s jealousy. The effects of Glen’s abuse toward the defendant ranged from giving her bruises, scratches, and a black eye to breaking her tailbone and forcing her to have intercourse with him. The defendant testified that the abuse occurred when Glen was intoxicated, which was a quite frequent occurrence. The defendant stated that Glen would stay out drinking with his friends after work and that he started taking drugs.

The defendant met Kevin Rice while she worked for his mother at Baby World. In September of 1990, the relationship between the defendant and Rice consisted of merely talking on the telephone about every other day. In October, a sexual relationship developed. The defendant claimed that she started the affair with Rice because: “[There was] no emotion, no love at home, and I just needed a hug instead of a slap all [of] the time. I needed somebody to compliment me instead of putting me down. I just needed somebody in my life that felt like I was a human and not a piece of trash.” Rice and the defendant had sex on only four occasions and were never considering a future together.

The defendant discovered that she was pregnant at the beginning of January 1991. Since Glen had had a vasectomy after Nathan was bom, the defendant knew that the baby was Rice’s child. The defendant contacted Rice and told him that she was pregnant and intended to have an abortion. Rice agreed with the defendant’s decision. This ended the defendant’s and Rice’s relationship.

Julie Cozart, one of the defendant’s best friends at that time, called and made an appointment for the defendant to have an abortion on January 18, 1991, at 9 a.m. The defendant and Julie agreed that they would tell everyone that they were going to Nashville, Illinois, to shop at a craft store. On January 16, 1991, the defendant borrowed some used sanitary pads from Julie. She borrowed the pads so Glen would think that she had started her menstrual cycle and would not be suspicious when she was bleeding after she returned home from having the abortion.

On January 17, 1991, at approximately 3:30 a.m., Glen came home. The defendant heard him take his clothes off and get into bed with Luke. The defendant had started to go to sleep and heard a loud crash. She immediately ran into Luke’s bedroom. Glen had knocked over a three-tier marble nightstand and was “bouncing off [of] the furniture, he couldn’t walk, he was staggering *** and started urinating *** on the patio.” Luke started crying. The defendant asked Glen if he had gone to work and he replied, “No, I didn’t go to work, *** I found some good drugs and I have been out doing them.” The defendant told Glen that he was drunk, and she began to leave the room. Glen shoved the defendant to the floor. Each time the defendant would begin to get up off of the floor, Glen would take his foot and push her back down. Glen eventually allowed the defendant to go to bed.

At 8 a.m. on January 17, 1991, the defendant and Paula Via left to take Amanda to the hospital for leukemia treatments as the defendant did every Thursday. Glen was asleep when they left. When they returned home at 4 p.m., Glen had left for work. On the evening of January 17, 1991, Glen called the defendant from work at 6 p.m. and 9 p.m., as he always did. The 6 p.m. conversation consisted of Glen requesting that the defendant call his uncle to give him a message. The defendant complied with Glen’s request. At 9 p.m., Glen called the defendant again to make sure that she had done what he had requested of her in the 6 p.m. conversation. There was no indication in either of these phone conversations that Glen was upset or mad at the defendant. On the evening of January 17, 1991, Luke was home with the defendant. Amanda and Nathan were staying with Raymond and Katherine Ewell, the defendant’s parents, since the defendant and Julie were leaving early the next morning. The defendant had also made plans with Lia English to take Luke to school at 8 a.m. on January 18,1991.

On the evening of January 17, 1991, the defendant went to bed at approximately 10 p.m. At 1:30 a.m., she awoke and heard Glen coming into the house. She heard him take his clothes off, put them into the hamper, and fix himself something to eat. The defendant went back to sleep. The next thing that the defendant recalled was Glen grabbing her by the hair on her head and leading her into the living room. Glen knelt down in front of the defendant and told her that she was a “bitch” and did not deserve to live. He told her that he was sick of her “bitching at him about his drinking.” The defendant said that she could smell alcohol on Glen’s breath. He further disparaged the defendant about giving him two sick children and told her that she could not do anything right. The defendant stated that anytime she tried to reply, Glen slapped her in the face. This occurred approximately 10 times that evening.

Glen continued to call her names and tell her that she did not deserve to live. He told her that he was going to kill her and that she should not close her eyes because she would not wake up again if she did. The defendant said that Glen had a strange look in his eyes “like he was the devil,” and that his appearance was different than it had been on previous occasions when he had beaten her. Eventually, Glen grabbed the defendant by the arm and took her into the bathroom and told her to get down on her hands and knees in front of the toilet. The defendant told Glen, “no,” and he shoved her down and asked her if she had ever thought about drowning. He proceeded to grab the defendant by the back of the head and put the defendant’s head into the stool water. Glen did this to the defendant twice and held her head under the water for 9 to 10 seconds each time. She said that he had never done this to her on previous occasions when he had abused her.

Glen took the defendant back into the living room, and a news channel was reporting information about the war.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

People v. Goss
2024 IL App (5th) 230384-U (Appellate Court of Illinois, 2024)
City of Champaign v. Sides
Appellate Court of Illinois, 2004
People v. Metcalfe
782 N.E.2d 263 (Illinois Supreme Court, 2002)
People v. Likar
768 N.E.2d 150 (Appellate Court of Illinois, 2002)
People v. Evans
987 P.2d 845 (Colorado Court of Appeals, 1998)
People v. Beasley
622 N.E.2d 1236 (Appellate Court of Illinois, 1993)

Cite This Page — Counsel Stack

Bluebook (online)
622 N.E.2d 1236, 251 Ill. App. 3d 872, 190 Ill. Dec. 919, 1993 Ill. App. LEXIS 1649, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-beasley-illappct-1993.