People v. Brumley

593 N.E.2d 660, 229 Ill. App. 3d 16, 170 Ill. Dec. 771, 1992 Ill. App. LEXIS 612
CourtAppellate Court of Illinois
DecidedApril 16, 1992
DocketNo. 1—90—2326
StatusPublished
Cited by7 cases

This text of 593 N.E.2d 660 (People v. Brumley) 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. Brumley, 593 N.E.2d 660, 229 Ill. App. 3d 16, 170 Ill. Dec. 771, 1992 Ill. App. LEXIS 612 (Ill. Ct. App. 1992).

Opinion

JUSTICE JOHNSON

Defendant Vincent Brumley and two codefendants, Steven Anderson and Lome Gray, were charged in a 22-count indictment and separate trials were conducted. Following a jury trial in the circuit court of Cook County, defendant was found guilty of murder, armed robbery, and aggravated kidnapping (Ill. Rev. Stat. 1989, ch. 38, pars. 9— 1, 18 — 2, 10 — 2). He was sentenced to concurrent terms of imprisonment of 55 years for murder, 30 years for armed robbery, and 15 years for aggravated kidnapping. On appeal, defendant contends that (1) the trial court erred in considering evidence outside the record at the suppression hearing and at the sentencing hearing; (2) the State made several improper statements during closing argument which denied him a fair trial; and (3) the trial court erred in refusing to give his proposed jury instruction on accountability.

We affirm.

At trial, Derrick Hendrix testified that on June 13, 1986, he was driving home from work when he saw two men holding a gun on another man near the intersection of Roosevelt Road and 13th Street. He told a police officer about what he had seen and the two returned to the scene. No one remained at the scene nor were there any witnesses in the area. The officer later learned that a white car was seen speeding away from the parking lot.

Stephanie Morgan, a clerk at the Kedzie-Ogden Currency Exchange, testified that on June 13, 1986, she received a telephone call regarding the type of identification needed to cash a check. Approximately 30 minutes later, the witness stated that a customer, whom she identified as Allen Cypin (the victim), came into the exchange. She recognized the victim’s voice as that of the same person who had called earlier about identification. The witness also stated that the victim was wearing a jacket, in spite of the heat. She further testified that the victim appeared to be frightened and nervous and was sweating. The witness further testified that while she was processing the check she noticed that a man was insistent upon standing closely behind the victim and that on three separate occasions she had to ask the man to step back. She stated that the man did not transact any business and that both men left the currency exchange at the same time.

Detective James Mercurio testified that he found the victim’s body and that it had a gunshot wound to the head. The victim’s white car was recovered approximately one mile from where the body was found.

Willie McCoy testified that he knew Gray, Anderson and defendant. He stated that he saw Gray in a white car in the parking lot near his apartment. He further stated that the police had asked him about the car because its owner had been murdered. The witness testified that he did not speak to the police because he was afraid.

McCoy further testified that he did not see Gray again until about 16 months after the police first asked him about the white car. He stated that after seeing Gray again and completing a drug abuse program, he decided to inform the police about what he had seen. The witness identified Gray’s photo and pointed out Gray’s house. The witness agreed to testify provided the State relocate him.

Detective Terrance Thedford testified that after speaking with Willie McCoy on October 14, 1987, he interviewed Gray. He further stated that, as a result of his conversation with Gray, he and his partner attempted to locate Steven Anderson and defendant. The witness stated that he interviewed Anderson and went to defendant’s home, where he interviewed defendant’s mother. After returning to defendant’s home a second time, defendant voluntarily accompanied the officer to the police station. Defendant and Anderson were placed under arrest. Defendant denied being involved in the homicide, even after being confronted with incriminating statements made by Gray. Several hours after being taken into custody, defendant made a court-reported statement.

Defendant stated that Anderson and Gray pulled up beside him in a white car in June of 1986. They asked him to get in the car and he got into the back seat. Defendant stated that there was a “man balled up” on the floor in the rear of the car. He stated that they drove around for awhile and then went to a currency exchange. Defendant stated that Anderson, Gray and the victim went into the currency exchange while he stayed in the car. Defendant stated that when they returned, Anderson gave Gray some money. He further stated that he did not receive any money. Anderson then drove the car to a lot near some railroad tracks. He saw Anderson with the gun standing over the victim and heard a gunshot. Defendant stated that he ran when he heard the shot.

Assistant State’s Attorney Inge Fryklund testified that she interviewed defendant for approximately 20 minutes on October 23, 1987. The witness stated that near the end of the interview she asked defendant if he was surprised to be arrested 18 months after the event. The witness stated that he said, “Yes, I thought we got away with it.”

The jury found defendant guilty of murder, aggravated kidnapping and armed robbery. At the sentencing hearing, the State asked the court to consider hearsay statements of Gray and Anderson which indicated that defendant shared in the proceeds of the cashed payroll check and that defendant had been active in controlling the victim while in the back seat of the car. The court found the acts in this case to be exceptionally cruel and sentenced defendant to concurrent terms of imprisonment of 55 years for murder, 30 years for armed robbery and 15 years for aggravated kidnapping. This appeal followed.

Initially, we note the State contends that defendant has waived objection to every issue on appeal because he failed to object at trial or raise them in his motion for a new trial. Generally, an issue which has not been objected to during trial and raised in a post-trial motion is not preserved for appeal unless the issue is plain error. (People v. Enoch (1988), 122 Ill. 2d 176, 187.) “The [plain error] doctrine will be applied in criminal cases if the evidence was closely balanced or the alleged error was so serious that it deprived defendant of a fair trial.” (People v. Priola (1990), 203 Ill. App. 3d 401, 417.) We will review the alleged errors to ascertain whether they so seriously prejudiced defendant as to deprive him of a fair trial.

Defendant first argues that he should be given a new hearing on his motion to quash arrest and suppress evidence because the trial court relied on evidence outside the record in finding probable cause to make the arrest. Defendant argues that since the substance of Gray’s statement was not introduced into evidence at the hearing, it was reversible error for the trial judge to rely on the statement. The State argues that the trial judge did not rely on the content of the statement but on the fact that Gray made a statement which implicated himself as well as defendant.

“There is a presumption that a trial court relied only on proper evidence in reaching its conclusion” (People v. Brock (1989), 184 Ill. App. 3d 595, 599) and disregarded evidence which is inadmissible in forming conclusions (People v. Harris (1974), 57 Ill. 2d 228, 231). Further, “[a] reviewing court will not disturb a trial court’s finding on a motion to suppress unless that finding is manifestly erroneous.” People v. Thompson (1991), 215 Ill. App. 3d 514, 519.

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Cite This Page — Counsel Stack

Bluebook (online)
593 N.E.2d 660, 229 Ill. App. 3d 16, 170 Ill. Dec. 771, 1992 Ill. App. LEXIS 612, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-brumley-illappct-1992.