People v. Brown

620 N.E.2d 674, 250 Ill. App. 3d 767, 189 Ill. Dec. 706, 1993 Ill. App. LEXIS 1460
Appellate Court of Illinois·Decided September 23, 1993·No. 5-92-0356·Published·Cited by 9 cases

Opinion

JUSTICE GOLDENHERSH

delivered the opinion of the court:

After a jury trial defendant, Freddie Brown, was found guilty of first-degree murder (Ill. Rev. Stat. 1989, ch. 38, par. 9 — 1(a)(1)) and two counts of attempted first-degree murder (Ill. Rev. Stat. 1989, ch. 38, par. 8 — 4(a)). Defendant was sentenced to 50 years in the Department of Corrections on the murder conviction and 20 years in the Department of Corrections on each of the attempted murder convictions. The 20-year prison terms are to run concurrently to each other and consecutively to the murder conviction. In this cause, defendant raises two issues: (1) whether the trial court erred in refusing to give defendant’s tendered jury instructions on the offense of aggravated battery, and (2) whether the trial court abused its discretion in sentencing defendant. We affirm.

I

The offenses charged herein occurred on the afternoon of May 26, 1991, at the home of Arthur and Betty Howard. The Howards’ daughter, Anita, defendant’s ex-wife, was an officer in the Air Force and was home on leave to attend a cotillion with her daughter, Tantrece. Defendant was Tantrece’s father. Defendant and Anita were married in 1972 but divorced in the early 1980’s. Anita obtained custody of Tantrece; however, Tantrece lived primarily with her grandparents, Arthur and Betty Howard, because Anita was often required to move due to her career in the Air Force. Over the years, Tantrece had not seen a lot of her father, but she denied that her grandparents turned her against him or refused to allow her to associate with him.

Defendant could not accept his divorce from Anita and continually harassed the Howard family. Doris Telford, employed by the Department of Children and Family Services (the Department), testified that on May 18, 1990, a man who identified himself as defendant and with whom she had previously spoken about his daughter, ex-wife, and in-laws telephoned her. At that time defendant stated: “I have a weapon. I’m contacting your agency in order to keep from killing someone, from stalking them.”

In 1982, Anita met Lavester Cook, who was also in the Air Force. The two were married approximately three years when they came to St. Louis so that Anita could attend the cotillion with her daughter. Anita and Lavester arrived in East St. Louis on May 25, 1991, and settled in with Anita’s parents. The car the Cooks were driving upon arrival bore Texas license plates. The Cooks were then stationed in Texas. Tags on the car also indicated that the vehicle belonged to a member of the armed forces. An article announcing the cotillion appeared in a local newspaper approximately one week prior to the event. The article stated that Tantrece would be attending the ball with her mother, Anita, and included both Tantrece’s and Anita’s photographs.

On the afternoon of May 26, 1991, the Cook car was parked in front of the Howards’ residence. Lavester was not at the Howards’ residence in the afternoon. He left with Anita’s brother, Roderick, in Roderick’s car. While Lavester was gone, defendant came to the Howards’ home. Anita answered the door. Anita called to Tantrece to let her know her father arrived. Tantrece went to the door and spoke with defendant for approximately three minutes. Without being invited, defendant came into the house and asked, “Where is he? Where is he?” Tantrece believed that defendant was asking about Lavester. For the next few minutes, Tantrece and Anita tried to get defendant to leave. Anita argued with defendant. Betty came downstairs and asked defendant to leave, but he would not. Tantrece saw defendant pull a handgun from his pocket. Tantrece told Betty defendant had a gun. Tantrece then left the home. Betty called upstairs to her husband and told him that defendant had a gun. Arthur then started downstairs. At that point, defendant shot Betty two times, once in each leg. Defendant stated, “I’m going to kill all you damn mother fuckers.” Betty then fled from defendant and ran upstairs. Defendant and Anita remained in the kitchen. Betty heard defendant say, “Come here, Anita, I’m going to kill you.”

Arthur Howard remembered coming downstairs and seeing defendant come through the door. At that time, Howard says, defendant stated, “I’m going to kill all you fuckers.” Arthur was shot two times by defendant, once in the abdomen and once in his shoulder. Arthur was shot in the kitchen. After he was shot, Arthur passed out and remembered nothing until he awoke in the hospital. Arthur spent 29 days in the hospital due to the injuries he sustained on May 26, 1991. He was also required to undergo two surgeries during his hospitalization.

Anita was found dead in the kitchen. She was shot once in the right side of her torso and died from that wound. After Betty was shot, she went upstairs and lay on the side of the hallway, pretending she was dead. She saw defendant climbing the stairs. Once upstairs, defendant looked in Betty’s bedroom. Defendant called for Tantrece but after getting no answer left the Howards’ residence. Betty was treated for her injuries and released from the hospital later that day.

Prior to trial, on motion of defendant’s public defender, a clinical psychologist, Dr. Daniel J. Cuneo, was appointed to examine defendant’s fitness to stand trial and to determine whether defendant was sane at the time of the offenses. Dr. Cuneo concluded that defendant suffered from paranoid personality disorder, but that he was sane at the time of the offenses and was fit to stand trial. Dr. Cuneo summed up his interview with defendant as follows:

“It would be my opinion that Mr. Brown was suffering from a substantial disorder of thought, mood, and behavior (Paranoid Personality Disorder) which impaired his judgment and behavior at the time of the alleged offenses, but not to the extent that he was unable to appreciate the criminality of his conduct or to conform his behavior to the requirements of the law. Mr. Brown does suffer from a Paranoid Personality Disorder. He interprets all events to fit his narrow bias. He feels that his ex-wife destroyed his life by leaving him and has attributed to her every failing in his life. The only way he could deal with his daughter rejecting him was to hold to the belief that she was sexually abused by his in[-]laws whom he believes stole her from him. He feels mortally wronged by his ex[-]wife and her parents. His whole life since 1980 has revolved around his seeking vindication of this wrong. He interprets everything in light of this belief. Yet Mr. Brown knows that shooting others is wrong. He was not psychotic at the time. He had the ability to control his behavior. Therefore it would be my opinion that Freddie Brown was legally sane at the time of the alleged offenses.”

At a hearing on October 30, 1991, the parties stipulated to Dr. Cuneo’s report. The trial court found defendant fit to stand trial. On December 5, 1991, defense counsel filed notice that defendant would present the affirmative defense of insanity. On January 7, 1992, defendant expressed his desire to represent himself. The trial court admonished defendant about the problems and risks associated with self-representation. Ultimately, the trial court allowed defendant to proceed pro se, but the court ordered the public defender to remain at counsel table with defendant throughout the trial.

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People v. Brown, 620 N.E.2d 674, 250 Ill. App. 3d 767, 189 Ill. Dec. 706, 1993 Ill. App. LEXIS 1460 (Ill. Ct. App. 1993).

620 N.E.2d 674 (People v. Brown) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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