People v. Campbell

597 N.E.2d 820, 232 Ill. App. 3d 597, 173 Ill. Dec. 846, 1992 Ill. App. LEXIS 1200
CourtAppellate Court of Illinois
DecidedJuly 29, 1992
Docket1-89-0881
StatusPublished
Cited by6 cases

This text of 597 N.E.2d 820 (People v. Campbell) 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. Campbell, 597 N.E.2d 820, 232 Ill. App. 3d 597, 173 Ill. Dec. 846, 1992 Ill. App. LEXIS 1200 (Ill. Ct. App. 1992).

Opinion

JUSTICE TULLY

delivered the opinion of the court:

Defendant Tony Campbell was indicted for the murder of Larry Wallace. Following a jury trial, Campbell was convicted of first-degree murder and sentenced to 40 years’ imprisonment. Defendant appeals the conviction as well as the sentence.

On December 12, 1986, Larry Wallace visited a friend in an apartment building at 140 North Wood Street in the City of Chicago. Wallace entered the building around midnight, and while in the building’s vestibule, Wallace was gunned down by unknown assailants. The examining pathologist adduced the cause of death to be multiple gunshot wounds to the chest, back, buttocks, hip, thigh and cheek. The stipulated testimony of a firearms expert indicated that the seven bullet casings recovered were of a type used in a submachine gun (an “Uzi”), and a .25 automatic handgun.

Sheila Wilkerson testified that on the evening of the murder, defendant, along with Napoleon English and Vernon Holman, visited her apartment at 141 North Wolcott Street. This building is part of the Henry Homer Homes housing project and is located across a field from the 140 North Wood budding, also part of the housing project. Wilkerson said that all three were members of a gang, the Vice Lords, and that she had previously sold cocaine for Napoleon English. Defendant arrived with a bag, containing gun parts. Napoleon English phoned someone and explained that they were going to "make a hit” at midnight when the police detectives changed shifts. English told defendant to phone Sylvester Brown, who arrived shortly thereafter. English then took an Uzi out of his coat, and defendant and Vernon Holman assembled the gun parts into shotguns. Sylvester Brown pulled a small black handgun from his sock.

All four men left the building and walked to the building at 140 North Wood. A couple of seconds later, Wilkerson heard multiple gunshots, resembling a machine gun and a shotgun. From her window, she saw all four men standing in the parking lot of the neighboring building. Wilkerson also stated that her building was controlled by the Vice Lords gang and that 140 North Wood was controlled by a rival gang, the Gangster Stones.

Aaron Ramey testified that he was about 30 feet from the building’s southside entrance when he heard rapid gunfire. He then saw three men exit the northside of the building, running across the field toward the 141 Wolcott building. Two were carrying shotguns, approximately 24 to 30 inches in length. A few seconds later he saw Tony Campbell exit the southside of the building. He saw Campbell’s face from about 30 feet away. He stated that Campbell was carrying a long gun, with a clip hanging from its barrel. All four men ran into the building adjoining the 141 Wolcott building. Ramey had known Tony Campbell for about 11 years.

Ramey then entered the lobby of the 140 Wood building and found the body of Larry Wallace in a pool of blood. When the police arrived, Ramey told them what he had witnessed and identified Tony Campbell as one of the assailants. Ramey said that he and the victim had been associated with the Gangster Stones many years previously. He admitted knowing many members of the Gangster Stones and he knew that Tony Campbell was a member of the Vice Lords.

On appeal, defendant asserts five errors: (1) the trial court failed to strike testimony regarding gangs and the gang affiliations of defendant and victim; (2) the trial court improperly commented on evidence during cross-examination; (3) two of the State’s closing arguments were improper, denying defendant a fair trial; (4) the State failed to prove defendant guilty beyond a reasonable doubt; and (5) the 40-year sentence was excessive, in light of defendant’s rehabilitative potential.

We first consider the evidence of gang affiliations. Officer Toussas testified that the Vice Lords gang controlled the 141 Wolcott building and that the Gangster Stones controlled the 140 Wood building. He also said he knew defendant to be a member of the Vice Lords. Defense counsel motioned to strike this testimony. The trial judge indicated that had an objection been made during the testimony, he might have sustained it, but to strike it post-factum would be pointless, since it was already in evidence.

Proof of gang membership is admissible where such membership is related to the offense charged. (People v. Wadley (1988), 169 Ill. App. 3d 1036, 1043-44, 523 N.E.2d 1249, 1255; People v. Calderon (1981), 98 Ill. App. 3d 657, 660, 424 N.E.2d 671, 673; People v. Miller (1981), 101 Ill. App. 3d 1029, 1034, 428 N.E.2d 1038, 1043.) Such evidence is relevant, where it demonstrates a common design or plan. To this end, it may supply defendant’s motive for committing the offense tried. (People v. Hairston (1970), 46 Ill. 2d 348, 372, 263 N.E.2d 840, 854, cert. denied (1971), 402 U.S. 972, 29 L. Ed. 2d 136, 91 S. Ct. 1658.) In addition to being probative as to motive, the evidence must somehow be tied to defendant. For instance, gang-related evidence has been held inadmissible where there is no reasonable basis to infer that defendant knew about a particular gang conflict or was in fact associated with any gang. People v. Smith (1990), 141 Ill. 2d 40, 58, 565 N.E.2d 900, 907.

In the instant case, both Sheila Wilkerson and Aaron Ramey testified, prior to Officer Toussas, that they knew defendant to be a member of the Vice Lords gang. In fact, it was the defense counsel who questioned Ramey as to his gang affiliations and those of defendant. Sheila Wilkerson testified that defendant was a member of the Vice Lords, that the Vice Lords controlled her building and that the Gangster Stones, a rival gang, controlled the building where the victim was shot. During all of this testimony, defense counsel never once objected to the introduction of gang-related evidence. Wilkerson also testified that Napoleon English stated the “hit” would be on “the Stones.” Given the activities of defendant on the night of the murder, it can reasonably be inferred that defendant knew of the Vice Lords and its rival gang, the Gangster Stones. The gang-related evidence was not only “related” to the offense charged, it was a central issue in the murder of Larry Wallace. For all of these reasons, we find that the trial court properly admitted the testimony of Officer Toussas concerning gang activity.

The next issue on appeal concerns the following comments by the trial court, during the cross-examination of Detective Victor Switski:

“DEFENSE: You also looked pursuant to your investigation for a Kenny Hardy, did you not?
WITNESS: Correct.
DEFENSE: You also looked for a man named Jimmie Lee, is that correct?
STATE: Objection, Judge.
THE COURT: What is the significance? That objection is sustained. Ask the next question.

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Cite This Page — Counsel Stack

Bluebook (online)
597 N.E.2d 820, 232 Ill. App. 3d 597, 173 Ill. Dec. 846, 1992 Ill. App. LEXIS 1200, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-campbell-illappct-1992.