People v. Blount

580 N.E.2d 1381, 220 Ill. App. 3d 732, 163 Ill. Dec. 40
CourtAppellate Court of Illinois
DecidedNovember 5, 1991
Docket1-87-1335
StatusPublished
Cited by10 cases

This text of 580 N.E.2d 1381 (People v. Blount) 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. Blount, 580 N.E.2d 1381, 220 Ill. App. 3d 732, 163 Ill. Dec. 40 (Ill. Ct. App. 1991).

Opinion

JUSTICE DiVITO

delivered the opinion of the court:

Following a joint jury trial, defendants Kennedy Blount and Michael Dotson were convicted of murder. (Ill. Rev. Stat. 1985, ch. 38, par. 9—1(a)(1).) Dotson was sentenced to imprisonment for 40 years and Blount for 30 years. In this appeal, they assert numerous grounds for reversal, principally that the circuit court erred in denying their motions for severance of their trial.

Early on March 14, 1985, Frederick Poe was found dead in the lobby area of the Henry Horner housing project at 140 N. Wood Street in Chicago. Dotson, Blount, and Dotson’s brother Robert were subsequently charged with the murder of Poe. Prior to trial, both Dotson and Blount made motions to suppress statements they had made. Following a hearing, the circuit court denied both motions.

Dotson and Blount, as well as Robert Dotson, also made motions for severance of their trial. All three alleged that their defenses were antagonistic to each other. Dotson argued his defense would be alibi and would be in direct conflict with Blount’s statement to the police and an assistant State’s Attorney. He contended that if Blount did not testify, he would not have an opportunity to confront Blount concerning his prior statement. Blount argued that his statement was a result of police coercion and that he had retracted it. Moreover, he contended that Dotson’s statement was clearly hostile and antagonistic to his case. Ruling that the statements were interlocking, the circuit court denied Dotson’s and Blount’s motions for severance. Because Robert Dotson did not make a statement, the court severed his case; his separate trial is not relevant to this appeal.

At trial, Tyrone Jackson testified on behalf of the State. On March 14, 1985, at 1:45 a.m., he left his apartment and went to 140 N. Wood to visit his girl friend, Norma Jean. When he was 30 feet from the rear entrance of the building, he heard five shots. He continued walking to the building and pulled on the door handle. Unable to open it initially, he grabbed it with both hands and “snatched it open.” He then was “face to face” with Blount, who had been holding the door on the inside. Blount told Jackson to “get the fuck out of there.” After Blount ran off, Jackson entered the building.

Jackson heard someone moaning and walked through an interior door, where he saw Poe lying in the hallway. He heard a noise and turned around to see Robert and Michael Dotson. Jackson asked them, “What is up[?]” and Michael Dotson pulled a gun, which he pointed at Jackson’s head. Robert said, “Kill the motherfucker and let’s get it over with and let’s go.” Michael Dotson “clicked” the gun five times, but it did not fire. Both Robert and Michael Dotson then ran out the back door.

Jackson stated that he “knocked on everybody’s door” trying to get help, but no one came out. When he heard police cars, he ran home because he was afraid. He did not tell anyone what he had seen until the next morning, when he told his mother. After talking to Officer William Freeman, Jackson viewed a lineup and photographs. He identified Blount and Dotson, as well as Robert Dotson.

On cross-examination, Jackson conceded that he did not knock on the door to apartment 103, nor did he go up to his girl friend’s apartment in the building to tell her what had happened. He admitted that he had charges pending against him, but denied that he was hoping for a deal in consideration for his testimony.

Officer William Freeman, a Chicago police officer, testified that he was assigned to the Henry Horner Boys Club and that on March 14, 1985, he met with Jackson. Jackson told him that he saw Blount and Michael and Robert Dotson shoot Poe. Freeman related the information to Officer Charles Toussas, who later arrested Michael Dotson.

Assistant medical examiner Dr. Shaku Teas, who performed the autopsy, testified that Poe had suffered two through-and-through gunshot wounds. The cause of his death was a gunshot wound of the back.

According to his statement given to police after his arrest, sometime after 7 p.m. on March 13, 1985, Dotson got off a bus at the intersection of Washington and Damen in Chicago. He saw his brother Robert and cousin Blount playing basketball. All three were members of the “Disciples” street gang. They went to Dotson’s sister’s apartment, where Robert told Dotson that he had been in a fight with some “Stones,” another gang. Robert said he wanted to do something about it, and Blount was talking about revenge. Both Blount and Robert had guns. Blount gave Dotson a .357 magnum, which Dotson unloaded and put in his pocket.

Blount, Dotson, and Robert Dotson then went to 140 N. Wood; Dotson went to protect his brother from “something stupid.” Robert and Blount went to the back door, while Dotson walked around to the front. When Dotson was about five or six steps from the front door, he saw and heard Blount fire five or six shots. When Dotson got by the door, someone came running toward him. Dotson pulled his gun, pointed it at the person, a male black, and clicked it; the person then ran away. Thereafter, Dotson threw the gun in the fire lane and went home.

At trial, Dotson testified that he was at home with his wife, Betty, at the time of the shooting. He acknowledged knowing Poe but denied getting into a fight with him or killing him. He stated that he had learned from his sister Margaret that Poe had died. Dotson maintained that his statement to the police was not true; he had given it because he had been afraid for his life and the police had “led him through it.”

According to Blount’s statement to the police after his arrest, it was Robert Dotson who suggested that they shoot some Stones. Blount had no gun, but both Robert and Michael Dotson did. The three went to the Banner Lounge, where they saw Poe leaving. They followed him to 140 N. Wood, where Robert went in first to see if Poe was inside. He came out a minute later and said “we got them, man.”

The three then went inside the building. Blount remained by the door, while Robert and Michael Dotson went into the hallway. Robert shot once, but Blount did not know at whom he was shooting. Dotson shot six times in the same direction, followed by Robert shooting five more times. They all ran off, and Robert and Dotson told Blount that they had shot Poe. Blount did not testify at trial and presented no evidence.

Betty Dotson, Michael Dotson’s wife, testified for Dotson that, on the evening of March 13, 1985, Michael was home with her and her two children. The landlord came over for a couple of hours to repair the hot water heater. Between 9 and 10 p.m., Michael left for about 25 minutes to go to the store, but then returned home and remained there all night.

In rebuttal, the State called Clara Mae Dotson, Dotson’s mother, who testified that on March 13, 1985, Michael lived with her at 827 N. Francisco. Both Michael and his brother Robert left the house separately around 4 or 5 p.m. They returned at approximately 8 p.m. the same evening and were there when she awoke at 8:30 or 9 a.m. the next day.

After the jury returned verdicts of guilty of murder against both defendants, Dotson filed a motion for new trial based on newly discovered evidence.

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Cite This Page — Counsel Stack

Bluebook (online)
580 N.E.2d 1381, 220 Ill. App. 3d 732, 163 Ill. Dec. 40, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-blount-illappct-1991.