People v. Burt

658 N.E.2d 375, 168 Ill. 2d 49, 212 Ill. Dec. 893, 1995 Ill. LEXIS 169
CourtIllinois Supreme Court
DecidedSeptember 21, 1995
Docket75620
StatusPublished
Cited by97 cases

This text of 658 N.E.2d 375 (People v. Burt) is published on Counsel Stack Legal Research, covering Illinois Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
People v. Burt, 658 N.E.2d 375, 168 Ill. 2d 49, 212 Ill. Dec. 893, 1995 Ill. LEXIS 169 (Ill. 1995).

Opinion

JUSTICE NICKELS

delivered the opinion of the court:

Defendant, Ronald Burt, was charged with first degree murder and other offenses relating to the January 16, 1992, shooting deaths of H. Steven Roy and Kevin Muto. A jury was empaneled to hear the charges in the circuit court of Stephenson County. On the fourth day of trial, prior to the presentation of any defense, defendant changed his plea from not guilty to guilty. On the basis of this plea, defendant was convicted of two counts each of first degree murder and armed robbery. At a separate sentencing hearing, the same jury found defendant eligible for the death penalty pursuant to the multiple-murder aggravating factor. (See 720 ILCS 5/9—1(b)(3) (West 1992).) The jury further determined that there were no mitigating circumstances sufficient to preclude imposition of that sentence and defendant was sentenced to death. (720 ILCS 5/9—1(g) (West 1992).) Defendant’s death sentence has been stayed pending direct appeal to this court. (Ill. Const. 1970, art. VI, § 4(b); 134 Ill. 2d Rules 603, 609(a).) We affirm.

BACKGROUND

H. Steven Roy operated a farm in Stephenson County. Roy rented the farm from James Erwin, who lived on a neighboring farm. Erwin testified that he saw a strange van parked near Roy’s house on the morning of January 16, 1992. He testified that he observed some commotion around the van, with someone apparently attempting to brush his feet through the snow to cover the van’s tracks as it exited the farm. As the van passed Erwin’s farm, he observed three individuals in the van. Later that afternoon, Erwin and another neighbor checked on Roy and discovered the body of Kevin Muto in a bedroom. Muto worked as a farmhand for Roy. Roy’s body was subsequently discovered in a separate bedroom. Both had been shot.

The following day, defendant was arrested in connection with these crimes. Detective Rocco Wagner interviewed defendant. Defendant initially maintained that he knew nothing about the crimes. After the detective told defendant that they already had information concerning his involvement from Dannie Booth and David Craig, defendant began to discuss the events leading up to the deaths of Roy and Muto. This discussion was eventually memorialized in a three-page written statement.

In this initial written statement, defendant described how Booth, who was 14 years old, woke him up early that morning, requesting that he take Booth to Roy’s farm. Booth claimed that Roy owed him $500 for work he had performed on the farm. Defendant and Booth then contacted Craig, who agreed to drive them to Roy’s farm in exchange for $100. The statement then described how the three of them obtained some gasoline and proceeded to Roy’s farm.

When defendant, Booth and Craig arrived at the farm, Roy invited them into his home; Defendant and Craig retired to another room to sleep, but they were awakened by an argument between Booth and Roy. Craig then began to search through Roy’s belongings, discovering a double-barrel twelve-gouge shotgun, a .22-caliber rifle and some shells in a closet. Roy and Booth entered the room and found defendant holding the rifle. Defendant pointed the gun at Roy and demanded his wallet. Booth took the wallet and found $7 inside. Defendant then ordered Roy to walk to a back bedroom.

According to the statement, defendant and Booth followed Roy to the bedroom. Craig remained in the hallway. In the bedroom, Roy and Booth again began to argue. Defendant then shoved Roy onto the bed. When Roy moved, defendant shot him in the back of the head because he thought Roy may try to "pull something.” Booth then took the rifle and shot Roy in the back several times. Defendant, Booth and Craig then took a VCR and some meat from Roy’s refrigerator. At that time they were interrupted by a knock on the back door.

Kevin Muto, an 18-year-old farmhand, was at the back door. Booth answered the door and told Muto that Roy was sleeping and did not want to be disturbed. When Muto refused to leave, Booth called defendant to the door and took the gun from him. According to defendant’s statement, Booth then walked Muto to a second bedroom and took his wallet. Booth then ordered Muto to lie on the floor and shot him in the back of the head and the back. Defendant then took the rifle and shot Muto in the back. Defendant, Booth and Craig then left the house with the meat, the VCR, a gun and some of Roy’s personal checks. These items were later used to obtain drug money. As they left the driveway, Booth scuffed the snow with his feet to cover the tire tracks.

On January 18, defendant provided a tape-recorded statement in which defendant gave essentially the same story. Defendant stated that he shot Roy first. Defendant stated that he and Craig then discussed shooting Booth because they feared he would disclose what had happened. Having heard this, Booth then took the rifle from defendant and shot Roy several more times. In the tape-recorded statement, defendant again stated he shot Muto in the back only after Booth shot Muto in the head and back.

On January 24, defendant initiated a second tape-recorded statement. In this statement, defendant claimed that he had not shot Muto. Instead, defendant claimed that Booth alone was responsible for that killing. Defendant claimed that he had previously stated that he shot Muto only to protect Booth, because he was so young. Defendant claimed that he changed his mind about protecting Booth after finding that Booth was blaming defendant for "the whole thing.”

Prior to trial, the State filed a motion in limine to exclude the January 24 statement. The State argued that this statement was self-serving and not reliable. The trial court granted the State’s motion, finding that the statement was unreliable hearsay. Defense counsel clarified on the record that the court’s ruling applied only to the trial, not sentencing. The court advised defense counsel that he could renew any objections at the sentencing hearing and the court would pass on the objection at that time. Defense counsel did not attempt to introduce this statement at defendant’s sentencing hearing.

Defendant also filed several pretrial motions. Defendant filed a motion seeking the appointment of a mitigation specialist. This motion specifically sought to appoint David Randall, M.A., to perform a "life history” investigation. The trial court denied the motion, ruling that such a mitigation specialist would duplicate the work done by a psychologist or psychiatrist, and the investigator that the court had previously appointed. .

Defendant also filed several motions to secure the testimony of several out-of-state witnesses for purposes of presenting this testimony at the mitigation phase of sentencing. Defendant sought to secure the testimony of Robert Burt, Mary Burt and Steve Holcomb. Robert Burt, who lived in California, is defendant’s younger brother. Mary Burt, who lived in Texas, is defendant’s grandmother. Steve Holcomb, who lived in Arkansas, is defendant’s stepfather. The trial court refused to compel the attendance of these witnesses, finding that the defendant had failed to make a showing of the materiality of the witnesses’ testimony. Robert Burt and Steve Holcomb did not testify at defendant’s sentencing hearing.

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Cite This Page — Counsel Stack

Bluebook (online)
658 N.E.2d 375, 168 Ill. 2d 49, 212 Ill. Dec. 893, 1995 Ill. LEXIS 169, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-burt-ill-1995.