People v. Beauford

621 N.E.2d 1, 249 Ill. App. 3d 943, 190 Ill. Dec. 132, 1991 Ill. App. LEXIS 1910
CourtAppellate Court of Illinois
DecidedNovember 12, 1991
DocketNo. 1—89—0307
StatusPublished
Cited by2 cases

This text of 621 N.E.2d 1 (People v. Beauford) 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. Beauford, 621 N.E.2d 1, 249 Ill. App. 3d 943, 190 Ill. Dec. 132, 1991 Ill. App. LEXIS 1910 (Ill. Ct. App. 1991).

Opinion

JUSTICE O’CONNOR

delivered the opinion of the court:

Defendant, Jerry Beauford, appeals from his conviction of murder, presenting as issues whether the involuntary manslaughter instruction given incorrectly stated the burden of proof; defendant was denied a fair trial because the involuntary manslaughter instruction failed to include a definition of “recklessness”; defendant was denied a fair trial by the circuit court’s incorrect instruction to the jury regarding the justifiable use of force; and the prosecutor’s comments during closing arguments operated to deny defendant a fair trial.

Defendant shot the victim, Clifford Beauford (Clifford), his wife, on April 7, 1974,. and immediately fled the jurisdiction. Law enforcement agents apprehended him 13 years later in Alabama. Following extradition proceedings, defendant was indicted for murder. A jury found him guilty as charged, and the court sentenced him to not less than 17 years and no more than 35 years in the custody of the Department of Corrections.

At trial, Chicago police officer Stanley Gorniak testified that he found Clifford in her bedroom, lying on the floor between the bed and a chair. The bedroom bore no signs of a struggle. Gorniak recovered a .38 caliber revolver from under the mattress.

Jeannie McCray, Clifford’s daughter and an eyewitness to the shooting, lived with her mother and two sisters in the basement apartment of the house. Her grandparents lived in the upstairs apartment. At the time of the shooting, Clifford and defendant were married, but the couple had been estranged for several months. Defendant arrived at the house between 4:30 and 5 p.m. and asked Clifford to fix him something to eat. Clifford went to the kitchen, and defendant left the house for a few minutes, reentering shortly thereafter. During this time, Clifford had heated some food and had taken it into the bedroom, where defendant later joined her, leaving the door slightly ajar. An argument then ensued between the couple, and both parties exchanged harsh words. Clifford asked defendant to leave. Jeannie, who had been in the living room at this time, then pushed the bedroom door open fully and saw defendant standing in front of her mother with a gun in his hand. According to Jeannie, defendant was standing 12 feet from Clifford and was pointing at her a gun he usually kept in the glove compartment of his car. Clifford was unarmed although Jeannie admitted that her mother normally kept her own gun “under the mattress.” Defendant then shot Clifford, who fell between the bed and a chair. Jeannie ran to a neighbor’s house and called police. From the neighbor’s porch, Jeannie saw defendant back out of the house and “flash” his gun at her grandfather, who had come downstairs to investigate. Defendant then drove away in his car.

Brenda Griffin, a neighborhood friend of Jeannie’s, was also present during the shooting and corroborated Jeannie’s account of the events leading up to the shooting.

Charlene Sullivan, Jeannie’s sister, was also at the house during the time in question. She left to get some ice cream and, as she returned to the house, heard what sounded like a “firecracker.” As Charlene opened the door, Jeannie, who was screaming, ran out of the house. Charlene ran into her mother’s room and saw defendant standing at the foot of the bed, holding a gun. Charlene then ran upstairs to her grandparents’ apartment.

Dr. Tae An performed the autopsy on the victim, who died from a single gunshot wound. The bullet entered in the left shoulder and travelled downward, lacerating the left lung, the aorta and the spinal cord. Dr. An stated that the wound’s appearance indicated that the victim was not shot at close range.

Several Chicago police officers testified as to their attempts to locate defendant following the shooting. Both State and Federal warrants were issued for his arrest. On August 5, 1987, defendant was arrested for drunk driving in Alabama and subsequently was extradited to face the charges at issue here.

Defendant called several witnesses who averred that Clifford had a reputation for violence in the community. Carolyn Sanders recalled that, at one time, Clifford pulled a gun on her; however, she could not remember the date or year of the incident.

Defendant testified in his own behalf. Although he and Clifford were married, defendant had engaged in a relationship with another woman during 1974 and had fathered a child by her. On the day of the shooting, he went to his wife’s house. During his stay, the couple spoke in her bedroom, where defendant took off his coat and emptied his pockets. He put the gun he had with him in a dresser drawer. Eventually, the couple began to argue, and defendant decided to leave. Clifford, however, slammed the bedroom door shut and pulled out the gun that defendant had brought with him. Defendant grabbed for the gun, with both hands over his head. As Clifford and defendant struggled for control of the gun, it went off. After Clifford fell away, defendant “froze” with the gun in his hand. At that moment, Jeannie entered the room. Defendant then fled.

I

Relying on People v. Reddick (1988), 123 Ill. 2d 184, 526 N.E.2d 141, defendant raises a two-prong argument concerning the propriety of the involuntary manslaughter instructions given to the jury. Defendant first claims the instruction erroneously informed the jury that the State had to prove that defendant acted recklessly when he shot Clifford Beauford. Defendant also argues that the jury should have been instructed that the State had the burden of disproving that defendant acted recklessly when he shot Clifford.

Our supreme court rejected both arguments in People v. Lucas (1989), 132 Ill. 2d 399, 441-42, 548 N.E.2d 1003. There, the court reviewed involuntary manslaughter instructions similar to those used in the instant case and held that the State did not have to disprove recklessness in order to establish the intent or knowledge necessary for a murder conviction because recklessness is not an affirmative defense to murder, but rather, a separate and distinct mental state. “Since murder is an intentional or knowing killing [citation] and involuntary manslaughter, by definition, is an unintentional killing [citation], where a determination is made that one exists (i.e., an intentional killing), to be legally consistent, the other (i.e., an unintentional killing) must be found not to exist [citations].” (People v. Lucas, 132 Ill. 2d at 442; see also People v. Spears (1986), 112 Ill. 2d 396, 404, 493 N.E.2d 1030; People v. Hoffer (1985), 106 Ill. 2d 186, 195, 478 N.E.2d 335, cert. denied (1985), 474 U.S. 847, 88 L. Ed. 2d 114, 106 S. Ct. 139.) Accordingly, the involuntary manslaughter instructions given here were not erroneous.

Defendant also maintains that the instructions prevented the jury from considering the evidence in mitigation put forth by defendant. At bar, defendant testified as to the “accidental” nature of the shooting and presented some evidence of the victim’s reputation for violence and for carrying a gun.

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Related

People v. Anderson
641 N.E.2d 591 (Appellate Court of Illinois, 1994)
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632 N.E.2d 313 (Appellate Court of Illinois, 1994)

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Bluebook (online)
621 N.E.2d 1, 249 Ill. App. 3d 943, 190 Ill. Dec. 132, 1991 Ill. App. LEXIS 1910, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-beauford-illappct-1991.