People v. Brooks

573 N.E.2d 1306, 214 Ill. App. 3d 531, 158 Ill. Dec. 121, 1991 Ill. App. LEXIS 842, 1991 WL 79500
Appellate Court of Illinois·Decided May 17, 1991·No. No. 1—88—1320·Published·Cited by 4 cases

Opinion

JUSTICE EGAN

delivered the opinion of the court:

The defendant, Alfred Brooks, was convicted by a jury of the attempted murder of a Chicago police officer, Brian Daly, and was sentenced to six years’ imprisonment. He first contends that he was not proved guilty beyond a reasonable doubt.

Lori Clark, Tyrone Clark and Steven Small were all cousins of the defendant. Lori Clark lived with her grandmother, Sadie Brooks, at 5845 South Winchester in Chicago. On January 12, 1987, Lori was in the dining room of her home typing a paper when the defendant and another cousin, Frank Chandler, arrived. Tyrone Clark and Steven Small had been in the living room drinking beer practically all day. Lori and the defendant got into an argument about how Lori’s family was spending the money they had received as a result of her mother’s death. Lori got up and went into the kitchen. The defendant walked into the living room, where his other cousins were sitting. She could see all four men from the kitchen.

She testified that the defendant, Small, and Tyrone Clark were arguing, and that the defendant tried to pour beer on Small. Small grabbed the defendant’s hand, and they got into a tussle. Small pushed the defendant toward some boxes, and the defendant pulled out a handgun from inside his coat. He put the barrel of the gun against Small’s head. She went back to the kitchen and dialed 911. She gave her address and told the police that there was an argument and that someone pulled a gun.

She returned to the living room and saw the defendant put the gun back into his coat. Small left the house. The defendant then “started saying things like, ‘You see what I’m made of.’ ” A few seconds later, there was a knock at the door. Chandler asked who it was, and persons on the other side of the door answered, “The police.” The defendant ran toward the back door while Chandler opened the front door. Two police officers entered the house, and Lori told them that the defendant had gone out the back door, and that he still had a gun. The two officers ran through the house toward the back door. A couple of. seconds passed, and then Lori heard a shot. After a few more seconds, there were two more shots. She did not see who fired the shots, and she could not tell from which direction they came.

Chicago police officers John White, Ron Armata and Brian Daly were assigned to the Seventh District tactical unit on January 12, 1987. They were all in plainclothes and in the same unmarked car. White was driving. At approximately 6:19 p.m., they responded to a radio call regarding a domestic disturbance and a man with a gun at 5845 South Winchester. They arrived at the house in about one minute.

Daly testified that he knocked on the front door. A female voice inside asked who it was, and the officers responded loudly, “Police.” The door opened, and Lori Clark and Chandler were standing inside the doorway. Lori said, “The man’s got a gun,” and pointed toward the interior of the house. Daly saw the defendant standing in the living room; the defendant looked right at Daly and then ran toward the back of the house. Daly ran down the front stairs and started to go through the north gangway. White saw the defendant running toward the back door. As White approached the back door, he heard Daly shout, “Police, hold it.”

Daly testified that the defendant was in the backyard when he swung around and raised his gun with two hands, in a combat stance, and then the defendant fired a shot at Daly. Daly froze for a second; he thought he was getting shot. Then he returned fire once. The defendant spun around and started running. Daly started after him, and he fired two more shots at the defendant.

White testified that when he reached the back door, he saw the defendant standing in the backyard with his hands together. He then saw a muzzle flash come from the end of the defendant’s extended arms, and he heard a gunshot; the defendant was holding a gun and shooting in the direction of Daly. White was 20 to 30 feet away from the defendant. There was a pillar between White and the defendant which prevented White from shooting at the defendant. White said he could not see Daly when the defendant pulled the trigger, but he was certain that the defendant was shooting at Daly, because a split second later Daly emerged, firing.

The defendant ran eastward. The three officers chased the defendant, who fell in the snow in a vacant lot. The defendant got up and continued running toward Wolcott Avenue. Daly saw him dive under a porch. Daly yelled to White that he had found the defendant. Daly told the defendant to come out showing his hands. The defendant came out with his hands up and was arrested by Daly and White. They searched the defendant and the immediate area but did not find a gun; however, they did find a black leather holster in the defendant’s jacket.

Daly and Armata retraced the steps of the chase to look for a gun. They found the gun lying in the snow in the vacant lot at exactly the spot where the defendant had fallen. Daly picked up the gun by the wooden grips and placed it in the trunk of the squad car. He did not open the gun or touch the metal surface. When the officers arrived at the police station, one of them removed the gun from the trunk, carrying it by the wooden handgrips. White inventoried the gun, and an evidence technician dusted it for prints. No fingerprints were found on the gun, which contained one spent cartridge and five live rounds.

Ronald Salter, an employee of the Chicago police department’s crime detection laboratory, administered a gunshot-residue test to the defendant. He sprayed the defendant’s hands with a solution, and then he swabbed them. He then sealed the swabs in cartridges and sent them to the laboratory for further processing.

Salter’s partner, Ronald Ferrari, examined the gun found in the vacant lot. He unloaded the gun before he dusted it for prints. He did not see any residue in the cylinder, but he did see residue in the barrel. He testified that residue in the barrel does not indicate when the gun was fired. He said that there is no way to determine whether a gun has been fired recently.

Robert Bertucci, an assistant State’s Attorney, testified that he spoke with the defendant at the Seventh District police station on the night of the arrest. The defendant said that the holster he was wearing when he was arrested was for a BB gun that he owned.

The defendant testified that Lori Clark, Steven Small, Tyrone Clark and Frank Chandler were at his grandmother’s house at 5845 South Winchester when he arrived. He saw a lot of beer cans, little packages of dope and whiskey in the house. He did not have a gun or a holster with him when he arrived. He talked to Lori about how her family misspent the life insurance money they received when her mother died. They began to argue, and Lori told him to mind his own business. She picked up a typewriter that was in the dining room and took it into the kitchen.

Small also told the defendant to mind his own business, and then Small threw a beer can at the defendant. The defendant tried to dodge the beer can, and he fell onto some boxes. Then Small went into the bedroom and came out with a gun and a holster. Small was in “a raging state” from dope, and he walked toward the defendant, saying, “Get out of here.” The defendant grabbed Small’s arm, and the two men tussled.

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People v. Brooks, 573 N.E.2d 1306, 214 Ill. App. 3d 531, 158 Ill. Dec. 121, 1991 Ill. App. LEXIS 842, 1991 WL 79500 (Ill. Ct. App. 1991).

573 N.E.2d 1306 (People v. Brooks) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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