People v. Bruce

701 N.E.2d 63, 299 Ill. App. 3d 61, 233 Ill. Dec. 420, 1998 Ill. App. LEXIS 618
CourtAppellate Court of Illinois
DecidedSeptember 15, 1998
Docket1-97-3283
StatusPublished
Cited by10 cases

This text of 701 N.E.2d 63 (People v. Bruce) 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. Bruce, 701 N.E.2d 63, 299 Ill. App. 3d 61, 233 Ill. Dec. 420, 1998 Ill. App. LEXIS 618 (Ill. Ct. App. 1998).

Opinion

JUSTICE COUSINS

delivered the opinion of the court:

Following a jury trial, defendant Dwayne Bruce was convicted of first degree murder and armed robbery. He was sentenced to an extended term of 100 years for murder and 6 years consecutively for armed robbery. He now appeals both the convictions and the sentence. Defendant contends that his convictions must be reversed because the trial court erred and violated his constitutional right to a fair trial by: (1) admitting hearsay testimony when detectives testified that members of the victim’s family identified jewelry that the defendant was wearing at the time of his arrest as the victim’s, and (2) admitting into evidence a handgun seized from a car that he was driving. The defendant also contends that the trial court abused its discretion in imposing the maximum allowable extended term of 100 years’ incarceration for the murder conviction.

BACKGROUND

Robyn Cherry testified that in the evening of May 11, 1993, she went to a party in the Ida B. Wells housing project with her boyfriend, Dwayne Taylor. At that party, they met up with the defendant and some other individuals, whose names were Kenny, Courtney Donelson, Troy, and Robert Seals.

Mr. Taylor suggested that they stick someone up. The group agreed to do so and left in Mr. Taylor’s station wagon in order to find, someone to rob. They went south on the Dan Ryan Expressway and exited at 111th Street.

At first the group’s attention was drawn to a white Lexus. Because the car was a Lexus and had expensive accessories, they assumed that its driver was wealthy. After following this car for several blocks, however, they lost it.

Shortly before 9 p.m. they saw another vehicle, a black Nissan Pathfinder. The driver was Tedrin West, who was on the way to a friend’s house to watch a Bulls game. His father had given him the Pathfinder for his twenty-first birthday. Mr. West had with him some jewelry, a beeper and a cellular phone. Dwayne Taylor said “We got us a vie,” meaning a robbery victim.

The group followed Mr. West to a currency exchange. While Mr. West was inside wiring some money, Mr. Taylor hid behind the car with a gun in his hand. When Mr. West got back in the Pathfinder, Mr. Taylor put the gun to the window. He ordered. Mr. West to take the keys out of the ignition and open the door. Mr. West complied and then Mr. Taylor, the defendant, and Robert Seals got in the Pathfinder with Mr. West and drove off. Their companions followed in the station wagon.

The Pathfinder went to three different houses. At each, Dwayne Taylor called out to his associates in the station wagon that Mr. West was “playing games.” Then they drove to a deserted street. Mr. Taylor and the defendant, each armed, exited the Pathfinder with the victim. The defendant ordered the victim to lie down on the ground and then shot him in the back of the head.

Mr. Taylor showed the others jewelry taken from Mr. West. Ms. Cherry testified that among these items was a chain which she described as a “flip-flop.” The defendant had a gold ring with a diamond-encrusted six-point star. According to Ms. Cherry, he displayed this ring as proceeds of the robbery.

Then the group drove back toward the Dan Ryan Expressway. They were driving in a “crazy” manner and ran a stop sign. At this point two police officers tried to stop the Pathfinder. They pulled the Pathfinder over twice, and twice it sped away after the officers exited their vehicle. Then the police found the Pathfinder abandoned on the side of the expressway, with the door open and the motor running. They impounded the Pathfinder and then notified Thomas West, Tedrin West’s father, since the title was in his name.

After picking up the Pathfinder, Thomas West called his ex-wife, Tedrin’s mother, to let her know that the Pathfinder had been found abandoned. Ms. West, extremely worried, called the police. She tried to reach Tedrin on his beeper and cellular phone, but received no answer. Finally a man answered on the cellular phone. She did not recognize his voice and asked where Tedrin was. The man said “He’s gone.” “Gone where? Where is Tedrin?” she asked. “He’s gone, bitch,” the man replied and then hung up.

When the police arrived, Ms. West gave them a photograph of her son. Within an hour they found his body.

Later, the police went over records for Tedrin’s cellular phone. Subsequent to the murder, calls had been made to two women, each a mother of a child of the defendant.

A few weeks later, police officers pulled over the defendant when he ran a red light. They arrested him and recovered a .38-caliber revolver from the car. This gun was of the same general type as that used to kill Mr. West.

Meanwhile, Mr. Taylor had sent Ms. Cherry to stay with his sister in Iowa, because he was afraid that she might turn him in. About a year later Ms. Cherry returned to Chicago, and, as Mr. Taylor had feared, she went to the police.

In exchange for a reduction in charges against her, she agreed to testify about this murder and about an unrelated home invasion and murder. She was questioned by Detectives Michael McDermott and James Boylan. Ms. Cherry related to them the events surrounding the murder and told them that the defendant was the ope who had fired the shot. Although she did not know the defendant’s real name at that time, she was able to give a physical description and an address.

The police were not able to find the defendant at that address, but in a few months they located him and arrested him. The defendant had in his possession a ring with a diamond-encrusted six-point star and a “flip flop” chain. When questioned about these items, the defendant said that he had bought them, but he did not remember where.

At the request of the detectives, members of Mr. West’s family came to look at the jewelry. In response to a question on direct examination, Detective Boylan told the jury that “family members” identified the ring as Tedrin’s. When the detectives confronted the defendant with this identification, he told them the names of stores where he said he had bought the ring and chain. They released the defendant at that time, but rearrested him sometime afterwards upon finding out that a gun having the class characteristics of the murder weapon had been found on the defendant after he ran the red light.

The defendant was charged, tried and found guilty of armed robbery and first degree murder. He was eligible for the death penalty. At the sentencing hearing, the judge learned of other crimes committed by the defendant, including a conviction as a juvenile for attempted murder. In mitigation the defense stressed that, as the defendant was still relatively young, he had rehabilitative potential. Also, the defense pointed out that the defendant had shown remorse in expressing his condolences to the victim’s family. The court sentenced the defendant to 100 years for the first degree murder count and 6 years, to be served consecutively, for the armed robbery count.

The defendant appeals the conviction and sentence on three grounds.

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2021 IL App (2d) 190977-U (Appellate Court of Illinois, 2021)
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2020 IL App (1st) 182037 (Appellate Court of Illinois, 2020)
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2020 IL App (1st) 180515-U (Appellate Court of Illinois, 2020)
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People v. Warlick
707 N.E.2d 214 (Appellate Court of Illinois, 1998)

Cite This Page — Counsel Stack

Bluebook (online)
701 N.E.2d 63, 299 Ill. App. 3d 61, 233 Ill. Dec. 420, 1998 Ill. App. LEXIS 618, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-bruce-illappct-1998.