People v. Bryant

609 N.E.2d 910, 241 Ill. App. 3d 1007, 182 Ill. Dec. 376, 1993 Ill. App. LEXIS 93
CourtAppellate Court of Illinois
DecidedJanuary 29, 1993
Docket1-90-3156
StatusPublished
Cited by9 cases

This text of 609 N.E.2d 910 (People v. Bryant) 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. Bryant, 609 N.E.2d 910, 241 Ill. App. 3d 1007, 182 Ill. Dec. 376, 1993 Ill. App. LEXIS 93 (Ill. Ct. App. 1993).

Opinion

PRESIDING JUSTICE McNAMARA

delivered the opinion of the court:

Following a jury trial, defendant, Gamel Bryant, was convicted of the first-degree murder of Weldon Houston (Ill. Rev. Stat. 1987, ch. 38, par. 9 — 1(a)) and was sentenced to a term of 30 years. On appeal, defendant contends that: (1) the State failed to prove each and every element of accountability under the applicable statute (Ill. Rev. Stat. 1987, ch. 38, par. 5 — 2(c)); (2) the State’s accountability case, based only on circumstantial evidence, failed to prove defendant’s guilt beyond a reasonable doubt; (3) the trial court committed reversible error by instructing the jury as to the law of accountability; (4) the trial court erred by refusing to dismiss the grand jury indictment against defendant; and (5) the trial court erred by admitting gang-related evidence.

The relevant facts are as follows. Officer Nathan Silas testified that at approximately 11 p.m. on August 11, 1988, he responded to a call of a man shot at 9200 South Langley in Chicago. When he arrived, he observed a large group of teenagers at the scene. He also saw a blue Yugo parked west of the group with the rear passenger window smashed out. Silas learned that the vehicle had belonged to the deceased. The deceased was lying in the grass in a bloodstained shirt with blood coming from his head, the result of several gunshot wounds. Donnell Frazier was at the scene distraught, crying, and very upset.

Silas conducted a search of the scene and found no weapons. He observed that the streetlight at the scene was on when he arrived. He spoke to various witnesses, including Frazier. Afterwards, he and Frazier went to the home of Bruce Owens, who had been involved in the incident leading to the deceased’s murder. When they arrived at Owens’ house, Silas had a conversation with a man who identified himself as Owens, but who later turned out to be Jacques Michaud. Michaud gave Silas names and descriptions of various individuals which he passed on to other officers assigned to the case.

On cross-examination, Silas acknowledged that of the 20 or 30 people standing around the scene, he interviewed only Frazier and Jake Reed. The deceased was lying on his back, but Silas did not know whether someone had rolled him over after the shooting. Silas did not know whether the deceased possessed a gun at any time prior to being shot.

The State also called Detective Thomas Krippel. After receiving information from other officers and from Frazier, Krippel went to defendant’s home, where he was arrested. Defendant was later placed in a lineup where Frazier identified him. Krippel received a telephone call from a man who identified himself as the codefendant, Stephen Carter. Carter wanted to know why the police had been to his home. Krippel told him that the police had been there in regard to a shooting. Carter stated that he would present himself at the police station. When Carter arrived at the station, he was placed in a lineup where he was also identified by Frazier.

Michaud testified for the State that at approximately 10:30 p.m. on August 11, 1988, he left a restaurant and started riding his bike in the vicinity of 92nd and Langley when a young man, Marcus McCrane, called out to him. McCrane was standing on the northwest corner of the intersection with defendant, codefendant Carter, and another young man. Defendant asked Michaud whether his belt buckle had anything to do with gang involvement, and he said no. Defendant then swung at Michaud and Michaud ducked away. Michaud got off his bike and began wrestling with defendant at which time Carter took Michaud’s beeper. Michaud asked McCrane to “get his boys off of [him].” Michaud and defendant continued to wrestle until they heard a siren. At that time, defendant jumped off Michaud and started running.

Michaud left his bike and began walking north. He went to a pay phone and called Frazier, one of his best friends. While he was talking on the telephone, Michaud saw Carter walk by him. Michaud asked Frazier to help him get his pager back. They decided to meet at Owens’ house. Michaud admitted using Owens’ name to identify himself to police officers and stated that he did so because he had an outstanding traffic warrant and “didn’t want to involve [his] name.”

Subsequently, when Frazier arrived at Owens’ house with a police officer, he told Michaud that the deceased had been shot. Frazier described the persons who were involved, and on the basis of the descriptions, Michaud told the officer that defendant and Carter were the gunmen.

On cross-examination, Michaud stated that he was not present when the deceased was shot. To his recollection, defendant was not carrying a gun at the time he and defendant wrestled.

Dr. Nancy Jones, a Cook County medical examiner, performed the autopsy on the deceased. The autopsy revealed the presence of five gunshot wounds, which she determined to be the cause of death. She recovered one small caliber, copper-coated bullet. She found no evidence that the gun was fired within contact or close range of the deceased, but was unable to determine how far the deceased was from the gun when it was fired. Dr. Jones concluded that the gun was directly in front of the deceased when he was shot twice; however, as to at least one of the remaining shots, Dr. Jones believed that the bullet entered the body and traveled downward, indicating either that the gun was at a point higher than the body or that the deceased was already on the ground when that shot was fired.

Frazier testified for the State that on the evening in question he received a phone call from his friend Michaud. Frazier told Michaud that he would meet him at Owens’ house. Frazier was riding his motorcycle to Owens' house when the deceased, a friend of Frazier’s, called him over to a phone booth where he was on the phone. Frazier told the deceased where he was going, and they returned Frazier’s motorcycle to his house and took the deceased’s car.

On the way to Owens’ house, Frazier and the deceased stopped to talk to defendant at 92nd and Langley. Frazier asked him if he knew who had been fighting Michaud, and defendant told Frazier that he was the one. Frazier then told defendant that the pager taken from Michaud was his. Defendant informed Frazier that the “folks have the pager.” He and defendant went around the corner, while the deceased remained in the car. Frazier saw four or five men standing around and two or three sitting in a car. One of the men standing was Carter.

Defendant approached Carter and said, “[F]olks, give him that pager.” Carter gave Frazier the pager and tried to shake Frazier's hand and then “throw up a pitchfork.” Frazier gave him a brief handshake but did not “throw up a pitchfork.” Defendant became angry and said, “[Y]ou’re not right, you’re not right. I thought you were folks.” Frazier said, “I’m not folks, and I’m too old for that.” Defendant then said, “[W]ell, what the hell you doing coming around here if you’re not folks *** you’ll get whooped like your boy.” Frazier said, “[N]o, you’re not going to whoop me.” Defendant then asked Frazier, “[Y]ou want to go with me?”

Frazier decided to fight defendant because he would not be able to get away from all of the other men standing around.

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Cite This Page — Counsel Stack

Bluebook (online)
609 N.E.2d 910, 241 Ill. App. 3d 1007, 182 Ill. Dec. 376, 1993 Ill. App. LEXIS 93, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-bryant-illappct-1993.