People v. Burrett

576 N.E.2d 293, 216 Ill. App. 3d 185, 159 Ill. Dec. 624, 1991 Ill. App. LEXIS 1094
CourtAppellate Court of Illinois
DecidedJune 26, 1991
Docket1-89-0450
StatusPublished
Cited by11 cases

This text of 576 N.E.2d 293 (People v. Burrett) 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. Burrett, 576 N.E.2d 293, 216 Ill. App. 3d 185, 159 Ill. Dec. 624, 1991 Ill. App. LEXIS 1094 (Ill. Ct. App. 1991).

Opinion

JUSTICE GREIMAN

delivered the opinion of the court:

Following a jury trial, defendant Harry Burrett was found guilty of aggravated arson, arson, conspiracy and solicitation. The court sentenced him to 18 years of imprisonment.

On appeal the defendant alleges that (1) the State failed to prove that defendant knew or had reason to know that the arsoned premises were occupied as required for conviction under the aggravated arson statute; (2) the State’s closing argument on the issue of what defendant might have reasonably known was based on evidence not in the record; and (3) the sentence of 18 years was too harsh. For the reasons set forth below, we affirm.

The facts are not greatly in dispute. About 4 a.m. on July 6, 1986, the home of the Waheed family was intentionally set on fire by Molotov cocktails. John Barnes, Richard Hudgins and defendant admitted that they participated in the firebombing of the Waheed home and that racial prejudice motivated their actions.

John Barnes pleaded guilty to aggravated arson and received a six-year term of imprisonment. In his written statement to the police and his trial testimony, Barnes recounted the events surrounding the fire. The night of July 5, 1986, Barnes was drinking and socializing with friends at Richard Hudgins’ house until approximately 1:30 a.m., when Barnes and Hudgins left to go to Barnes’ house. While walking to Barnes’ house, they met defendant, who was driving down the street.

At the time of the incident, defendant was about 42 years old and for many years had resided about a block from the Waheed home. Barnes and Hudgins were both about 19 years old at the time of the crimes and had known the defendant since they were 10 and 6, respectively. For many years both had been friends of defendant’s son.

The three men (Barnes, Hudgins and defendant) then went to defendant’s home, where much of their ensuing conversation revolved around “black people moving into our block.” Bames testified that defendant suggested that “we should get them out, bum their house down, *** get some Molotov cocktail bombs and set the house on fire.” Hudgins admitted having prior discussions regarding black people moving into the neighborhood and all apparently agreed that it would be “a shame to lose the neighborhood to blacks.” Defendant stated that one or two weeks prior to this time they had talked about “scaring them by throwing something to bum.”

The statements of all three and the testimony of Hudgins and Bames acknowledge that the two young men remained in defendant’s home after he left on a mission to secure material for constmction of Molotov cocktails.

Taking a two-gallon can from his home, defendant first went to the Shell gas station at 47th and California, where he filled it with gasoline. Thereafter, he drove to a White Hen Pantry at 59th and California and obtained bottles of Pepsi-Cola.

Upon his return home, the three entered defendant’s basement, and defendant proceeded to assemble two Molotov cocktails by emptying the Pepsi out of the bottles, filling them with gasoline and placing cloth strips in the bottlenecks.

The defendant then developed a bombing strategy, i.e., one bomb to be thrown through the front of the Waheed home at the same time a second bomb would be thrown through the rear of the home. In furtherance of the plan, Bames would take the rear of the home and Hudgins the front.

Defendant provided a pair of gloves to each of the participants and a lighter to Barnes; Hudgins had his own lighter.

According to the previously established plan, Bames and Hudgins, each now armed with a homemade bomb, walked together toward the Waheed home, but separated when they neared the home so that they could each confront their respective target.

Shortly thereafter, Bames heard a bottle break followed by the appearance of Hudgins in the alley. Hudgins testified that he purposely broke his bottle because he “knew it wasn’t right.”

Bames continued to execute the plan and threw his Molotov cocktail into the back of the Waheed home.

Bames and Hudgins then returned to defendant’s house to await the arrival of police and firefighters responding to the anticipated fire.

After a half-hour of waiting, it was apparent that the bomb had not ignited. Defendant then suggested that Bames “should go back and this time go around the front, hit it again, and maybe this time it would really do something.” Thereafter, defendant fabricated a third Molotov cocktail and gave it to Barnes.

Barnes again went to the Waheed home, lit the third bomb, threw it through the front window, and returned to the defendant’s house.

This time, their efforts were more successful. Soon the trio saw flashing lights indicating the arrival of fire and police units. At that time, they sat on defendant's front porch and, after awhile, disbursed to their respective homes.

On cross-examination, Barnes claimed that he did not know anybody was home at the Waheed residence when he threw the firebombs and that, prior to that night, he had never discussed the impact of black people moving into the neighborhood. He confessed that he did not know why he had thrown the bombs; however, on redirect examination, he acknowledged that the firebombing was racially motivated, although he claimed that he had no control over his own will and that somebody else was totally controlling him and he was possessed by “booze.”

Shirley Waheed testified that she and her family moved into their three-bedroom home about March 1, 1986, four months prior to the related incident. The family consists of Shirley, her husband, brother-in-law, and four children ages 6 to 12. On the evening of July 5, 1986, the family retired for bed about 10 p.m. Mrs. Waheed was awakened at 4 a.m. when she heard her front room window break and saw flames. She unsuccessfully attempted to extinguish the fire with water. A man, later identified as Henry Szura, was driving by the home at that time, saw the fire and stopped to help extinguish the fire with a blanket taken from his car. Mrs. Waheed further testified that on the night of the firebombing, a light was on in the front room window through which the bomb was thrown and she always left a light on and that this light was fully visible from the outside of the home.

On appeal, the defendant first contends that the State did not show that he knew or reasonably should have known that the house was occupied when it was firebombed and thus was not proved guilty of aggravated arson beyond a reasonable doubt. Defendant concedes that sufficient evidence was shown to sustain his conviction for the lesser offense of arson.

The aggravated arson statute provides in relevant part that a “person commits aggravated arson when in the course of committing arson he knowingly damages, partially or totally, any building or structure, including any adjacent building or structure, and (1) he knows or reasonably should know that one or more persons are present therein.” Ill. Rev. Stat. 1985, ch. 38, par. 20 — 1.1(a)(1).

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Bluebook (online)
576 N.E.2d 293, 216 Ill. App. 3d 185, 159 Ill. Dec. 624, 1991 Ill. App. LEXIS 1094, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-burrett-illappct-1991.