People v. Bridges

555 N.E.2d 1191, 198 Ill. App. 3d 534, 144 Ill. Dec. 672, 1990 Ill. App. LEXIS 848
CourtAppellate Court of Illinois
DecidedJune 8, 1990
Docket3-89-0278
StatusPublished
Cited by4 cases

This text of 555 N.E.2d 1191 (People v. Bridges) 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. Bridges, 555 N.E.2d 1191, 198 Ill. App. 3d 534, 144 Ill. Dec. 672, 1990 Ill. App. LEXIS 848 (Ill. Ct. App. 1990).

Opinion

JUSTICE STOUDER

delivered the opinion of the court:

Defendant Terrance Bridges was charged with armed robbery (Ill. Rev. Stat. 1987, ch. 38, par. 18—2) and attempted murder (Ill. Rev. Stat. 1987, ch. 38, par. 8—4(a)). Following a jury trial, the defendant was convicted of both charges and sentenced to concurrent 30-year prison terms. The defendant appeals his convictions and sentence. We affirm.

The defendant’s convictions arise from an incident that occurred on August 11, 1988, at the Coastal Mart gas station/convenience store located at 2324 7th Avenue in Rock Island. According to the store manager and a store customer, at approximately 4 p.m. on that day, a black male, later identified as the defendant, entered the store. Armed with a gun, the defendant demanded money. The manager, who had seen the defendant in the store on previous occasions, apparently thought he was joking. The manager locked the cash register and turned his back on the defendant. The defendant shot the manager in the back. He then again demanded money. The manager, with the assistance of the customer, loaded some rolls of change into a bank bag. The defendant demanded more money so the manager took out his wallet and gave the defendant a $5 bill. The defendant then fled, and the customer called the police. Using a photo lineup, the manager later identified the defendant as being the person who had shot him.

The defendant, who was 17 years of age at the time of the crime, turned himself in to Rock Island police on August 12, 1988, at approximately 4 a.m. He was arrested and subsequently interrogated, where he made incriminating statements to investigating police officers.

The issue of the defendant’s fitness to stand trial was raised at a hearing on February 8, 1989. A psychiatric expert testified that it was his opinion that the defendant had “borderline intelligence” but that he would be able to participate in his defense if his attorney took care to educate him as to the various aspects of the defense. The defendant was found competent to stand trial.

At the beginning of the defendant’s trial on February 14, 1989, a hearing was held on the defendant’s motion to suppress his confession. Rock Island police investigator Ronald Moser testified that he interrogated the defendant at approximately 1 p.m. on August 12, 1988. A second officer, Charles Hauman, looked on through a security viewer located on the door to the interview room. Hauman testified that he could hear the conversation.

According to Moser, the interview commenced with Moser verbally giving the defendant his Miranda (Miranda v. Arizona (1966), 384 U.S. 436, 16 L. Ed. 2d 694, 86 S. Ct. 1602) rights. Moser asked the defendant if he understood his rights, and the defendant indicated that he did. Moser then asked the defendant to sign a waiver of rights sheet which the defendant did. Moser told the defendant that he was investigating an armed robbery and asked the defendant if he had committed it. The defendant denied involvement in the crime. Moser then asked whether there was any reason why defendant’s bloody footprints would be found at the crime scene. The defendant replied no. Moser then asked if there was any reason why his fingerprints would be at the crime scene. The defendant again replied no. Moser then asked if there was any reason that he’d be on the security camera film. The defendant did not reply. Moser indicated that on the film he could not see what the attendant was doing. He asked the defendant to explain and queried whether the defendant thought that the attendant was going for a gun. The defendant replied affirmatively, indicating that he thought the attendant was going for a gun so he shot him.

Moser then told the defendant that the attendant wasn’t dead yet, but that they would need the gun to help determine the trajectory which could be used to assist in medical treatment. The defendant indicated that he threw the gun in the woods behind Turnkey Apartments. The defendant refused to provide any further information and also refused to allow a tape recording of his statement. He did agree to allow Hauman to come in and have Moser reiterate the statement for Hauman to hear. Moser then brought in Hauman, reiterated the story and asked the defendant to verify that he had reiterated it correctly. The defendant indicated that Moser had properly summarized his statement. Moser further testified that he did not promise, threaten or coerce the defendant in any way and that the defendant never asked to invoke any of his Miranda rights.

On cross-examination, Moser conceded that he made up facts regarding the evidence at the crime scene. There were no footprints or fingerprints. There was no camera or picture of the defendant committing the crime. Moser also conceded that he planted the idea in the defendant’s mind that the attendant was going for a gun. Moser suggested that the defendant shot to protect himself. Additionally, Moser conceded that the information about the necessity of the trajectory to assist in medical treatment was fabricated.

Hauman then testified, corroborating Moser's testimony regarding the interrogation. Hauman indicated that after he heard the defendant verify Moser’s reiteration, he asked the defendant some questions and the defendant pointed out on a map where he had disposed of the gun. The gun was never recovered. Hauman also testified that he did not promise, threaten or coerce the defendant in any way and that the defendant never asked to invoke any of his Miranda rights.

The defendant testified that he signed the waiver form but did not know what it meant. He testified that Moser told him that the form recognized that the two had talked about the incident. The defendant testified that he told Moser that he did not have a statement to make and that he wanted to go to court.

The trial court denied the motion to suppress. The court held that there wasn’t any evidence that the defendant’s statements were coerced or not voluntary.

At trial, the manager and the store customer testified. Additionally, two women testified that they saw the defendant standing outside the store at 3:30 to 3:45 p.m. on August 11, 1988. About 20 minutes later a neighbor of one of the women asked if they would drive the defendant to his sister’s house. They agreed and took a route that went past the store where police were investigating the shooting. Both witnesses testified that as they drove past the store, the defendant ducked down in the back seat and admitted that “he did it.”

A crime-lab serology expert testified that he found traces of human blood on the shoes the defendant was wearing the night he was arrested. The expert conceded that he could not identify the blood and that it could have been the defendant’s blood.

The defendant took the stand and denied any involvement in the crime. The defendant claimed that he only purchased a soda that day in the store. He claimed that another man committed the offense and that he ducked down in the car because he was wanted on a previous arrest warrant. The defendant explained the blood on his shoes was from an incident earlier in the week. The defendant denied making inculpatory statements to the police.

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People v. Brown
705 N.E.2d 162 (Appellate Court of Illinois, 1998)
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Cite This Page — Counsel Stack

Bluebook (online)
555 N.E.2d 1191, 198 Ill. App. 3d 534, 144 Ill. Dec. 672, 1990 Ill. App. LEXIS 848, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-bridges-illappct-1990.