People v. Brant

916 N.E.2d 144, 334 Ill. Dec. 111, 394 Ill. App. 3d 663, 2009 Ill. App. LEXIS 921
CourtAppellate Court of Illinois
DecidedSeptember 22, 2009
Docket2-07-0338
StatusPublished
Cited by13 cases

This text of 916 N.E.2d 144 (People v. Brant) 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. Brant, 916 N.E.2d 144, 334 Ill. Dec. 111, 394 Ill. App. 3d 663, 2009 Ill. App. LEXIS 921 (Ill. Ct. App. 2009).

Opinion

PRESIDING JUSTICE ZENOFF

delivered the opinion of the court:

Following a bench trial on January 12, 2007, defendant, Krista A. Brant, was convicted of criminal trespass to a residence (720 ILCS 5/19 — 4(a)(2) (West 2006)). On March 7, 2007, the trial court denied defendant’s motion for a new trial or a judgment of acquittal and sentenced her to 24 months’ probation. Defendant appeals, 1 arguing that the State failed to prove her guilty beyond a reasonable doubt and that the trial court erred in not allowing her attorney to make a closing argument. For the reasons that follow, we affirm.

BACKGROUND

Defendant’s conviction resulted from an incident that occurred on January 6, 2006, at the home of Nydia Ramirez. Following an altercation there that evening, defendant was indicted for mob action (720 ILCS 5/25 — 1 (West 2006)) and aggravated battery (720 ILCS 5/12 — 4 (West 2006)). Later, the State added a third count to the indictment, alleging the offense of felony criminal trespass to a residence (720 ILCS 5/19 — 4(a)(2) (West 2006)).

A bench trial commenced on January 12, 2007. The evidence adduced at trial established that at approximately 9 p.m. on January 6, 2006, Dainy Brainin was in the basement of her mother’s house with her friend, Jessica Tamez-Hull, dying her hair. Brainin’s mother, Nydia Ramirez, was watching TV in the living room. While in the basement, Brainin received on her cell phone several calls from a girl who identified herself as Vasti Guillen. Guillen was yelling at her and Brainin was yelling back and telling her not to call. Ramirez went to the basement and took the phone from Brainin because the repeated ringing was bothering her. Ramirez went back upstairs. Shortly thereafter, the doorbell rang and Brainin went upstairs and answered it. Tamez-Hull remained in the basement. The entrance of Ramirez’s house consisted of a storm door that opened out and a main door that opened into the home. Brainin opened the main door and saw Dafne Nawrot, a friend of defendant, standing there alone. After a heated verbal exchange between Brainin and Nawrot, Ramirez joined Brainin at the door. A physical altercation ensued between Ramirez and Nawrot, the details of which are the subject of disagreement by the witnesses.

The State called Dainy Brainin as its first witness. Brainin testified that Nawrot stood on the stoop and said, “What’s up, bitch.” Brainin did not see a car in the parking space in front of her home. Brainin did not recognize Nawrot, and she asked her who she was and if she was Vasti Guillen. Nawrot said, “You want to talk shit, talk shit now.” Brainin had never threatened or fought with Nawrot previously and knew her only through Nawrot’s sister, with whom Brainin had had problems in the past.

Brainin further testified that Ramirez came to the door. Nawrot was holding the storm door open. Ramirez told Nawrot to leave three times, but she refused. After the third time, Ramirez pushed Nawrot two steps backward and off the stoop. Nawrot said, “You fucked up, bitch,” and swung at Ramirez’s head and grabbed her by the hair. Ramirez grabbed Nawrot by the hair. They continued to pull each other’s hair while moving into the home and toward the living room. Brainin attempted to separate Ramirez from Nawrot by grabbing Ramirez’s neck and yelling for her to stop. Brainin pulled Ramirez onto the couch, resulting in Ramirez being on top of Brainin and Nawrot being on top of Ramirez. Brainin did not see Tamez-Hull during the incident.

Brainin testified that she saw a “big girl,” whom she identified as defendant, push the door open. Brainin saw defendant throw a “white ball or something” against the wall as she came through the door. Another female followed defendant through the door. Brainin testified that defendant got on top of Ramirez and started hitting her, but Brainin admitted that she could not actually see defendant.

Brainin further testified that, at some point, she got out from under Ramirez, went downstairs to the basement, and called the police from her cell phone. Brainin acknowledged on cross-examination that although she saw only three girls come into the house, she told the 911 dispatcher that five girls had entered. After three minutes, Brainin went back upstairs and saw blood on the living room floor and both the storm and main doors open. Brainin initially told police that everyone who entered the house was punching and kicking Ramirez, but at trial she admitted that she had been dishonest with the police. Brainin also told police that Vasti Guillen, as well as a number of other girls, had been in the house.

The State’s next witness was Jessica Tamez-Hull, who testified that she went to the top of the basement stairs to see what the loud arguing was about. Tamez-Hull saw Brainin and Ramirez arguing with the person at the door. After the fighting began, Tamez-Hull ran to shut the door, fearing more girls would enter the house. As she tried to lock the door, defendant pushed the door open. Tamez-Hull was pushed back with it, heard defendant say, “Oh, hell, no,” and saw defendant throw something white toward the living room area where the fighting was occurring. Another girl followed defendant into the house. Tamez-Hull went to the basement at that point and did not see any punches thrown.

Nydia Ramirez testified next for the State. Her account of the events at the door was substantially similar to Brainin’s. Ramirez testified that a few seconds after being pushed (by Nawrot) and pulled (by Brainin) into the living room, she saw three other girls come into the house. Ramirez saw one Hispanic girl and one tall, heavy-set, white female come in. The females jumped on her and “three, four people” were pulling her hair. The white female punched her head three or four times and yelled, “You fucked up, bitch.” As the group tried to drag Ramirez outside, she kicked three times. When Ramirez kicked the third time, Nawrot bit her leg. Ramirez agreed that she was not sure how many girls came in, but she saw three girls leaving. Ramirez called 911 and ran out the open front door. She was looking for Brainin and Tamez-Hull when police arrived. At the time, Ramirez was unable to tell police specifically who caused each of her injuries, which included bruises, scratches, a bite mark, and a missing clump of her hair. Five days later at the police station, Ramirez was able to identify Nawrot as the girl who entered her home initially and defendant as the one who punched her head. At no time did Ramirez authorize Nawrot or defendant to enter her home.

The State next called Detective Matt Thomas, who testified that he interviewed defendant and Nawrot about the incident five days afterwards, on January 11, 2006. Thomas testified that Nawrot told him she had been receiving harassing phone calls earlier in the day from unknown females calling from restricted numbers. During one such call, the voice on the other end said, “Bitch, don’t be scared, come over here.” According to Thomas, Nawrot assumed that the caller was Tamez-Hull, with whom she had had an altercation a few weeks prior, and that Brainin was also involved in the calls.

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Cite This Page — Counsel Stack

Bluebook (online)
916 N.E.2d 144, 334 Ill. Dec. 111, 394 Ill. App. 3d 663, 2009 Ill. App. LEXIS 921, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-brant-illappct-2009.