People v. Chapin

597 N.E.2d 1250, 233 Ill. App. 3d 28, 174 Ill. Dec. 38, 1992 Ill. App. LEXIS 1300
CourtAppellate Court of Illinois
DecidedAugust 13, 1992
Docket3-91-0861
StatusPublished
Cited by15 cases

This text of 597 N.E.2d 1250 (People v. Chapin) 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. Chapin, 597 N.E.2d 1250, 233 Ill. App. 3d 28, 174 Ill. Dec. 38, 1992 Ill. App. LEXIS 1300 (Ill. Ct. App. 1992).

Opinion

JUSTICE STOUDER

delivered the opinion of the court:

A jury convicted the defendant, Stacy A. Chapin, of theft by deception (Ill. Rev. Stat. 1991, ch. 38, par. 16—l(a)(2)(A)). The trial court subsequently sentenced him to a seven-year extended term of imprisonment. The defendant appeals.

The record shows that 83-year-old Margaret Stuepfert was the victim of a home repair scam. At trial, Stuepfert testified that on the morning of June 17, 1991, she was backing out of her driveway when two men drove up in a pickup truck. From photographs introduced into evidence, Stuepfert identified the defendant as the passenger and Charles Herrin as the driver. Herrin exited and asked her about doing a blacktop job. Stuepfert told him that she did not want to spend any money. After he “pressured” her a little more, she told him they could do a small area in front of her garage where water would stand after a rain. She then left to do errands. When she returned about an hour later, she saw several men with equipment working on her driveway.

Stuepfert told them not to do any more work as they had done more than she wanted. Herrin told her that they had to use the entire load of blacktop. Stuepfert again felt pressured and went inside. When they finished, the defendant and Herrin spoke to her. Herrin told her she owed them $7,000. After she told him he was crazy, Herrin lowered the price to $6,000. He then filled out an agreement which Stuepfert signed. The defendant also inserted his name as payee on the check Stuepfert signed. After they left, Stuepfert received a call from a teller at her bank. She gave permission for the check to be cashed.

Four days later, on June 21, 1991, the defendant and Herrin returned to Stuepfert’s home. They asked her whether she had called the police. Stuepfert replied that she had not. Herrin told Stuepfert that her bill was in error and she should have been charged $4,600. He asked her to write a check for that amount and said that he would send her a certified check for the $6,000 she had paid. He filled out a second contract which Stuepfert signed. She then wrote a check for $4,600, again with the defendant as payee. She also authorized the bank teller to cash the check.

When Stuepfert did not receive the refund check, she sent a letter to an address the defendant had given her. One of the men called in response to her letter of complaint. He told her that they were busy but would be back in the area to apply sealant to her driveway. During the telephone call he again asked Stuepfert whether she had called the police. Stuepfert told him she had not. They never returned, and Stuepfert never recovered her money.

Police officer Michael Miroux, the officer who investigated this case, testified that Stuepfert identified a photograph of the defendant as the passenger in the pickup truck and a photograph of Charles Herrin as the driver and the one who did the talking. Miroux also stated that Herrin was presently under arrest in DeSoto, Mississippi, and fighting extradition to Illinois.

Miroux further testified that he interviewed the defendant on July 12, 1991, at the Rock County jail in Janesville, Wisconsin. After waiving his rights, the defendant told Miroux that he owned an asphalt company which employed three or four people. He admitted that he and a man named Joe Sills had gone to Stuepfert’s home. Additionally, the defendant acknowledged that Joe Sills was also known as Charles Herrin. The remainder of the story the defendant told Miroux largely corroborated Stuepfert’s testimony.

The defendant testified on his own behalf. He denied telling Mi-roux that Joe Sills and Charles Herrin were the same person. He also denied telling Miroux that he owned an asphalt company. He testified instead that he was employed by an asphalt company from Indiana. According to the defendant, on June 17, 1991, he and Joe Sills, a salesman, went to Stuepfert’s home. Charles Herrin, who had been with them earlier, was not there because he had gone to Chicago for materials.

The defendant further stated that he was not present when Sills spoke with Stuepfert. Sills told the defendant that Stuepfert had hired them to fix her driveway. The defendant’s job was to take care of the men on the crew. After the job was finished, Sills told Stuepfert she owed $7,200. When she complained that the price was high, Sills mentioned a senior citizen’s discount and quoted her a price of $6,000. Stuepfert filled out a check for that amount. Sills told Stuepfert that they would be back to put sealer on the driveway. At Sills’ direction, the defendant later inserted his name as payee and cashed the check.

According to the defendant, when he presented the check at the bank, the teller called Stuepfert. The defendant spoke with Stuepfert and told her they would be back to seal the driveway after they finished the rest of their work. The defendant also claimed that he gave all of the money to Sills.

The defendant said that he was present four days later when Sills obtained the check for $4,600. Sills subsequently gave the defendant the check, which he again cashed. Sills directed the defendant to write his name, address, and telephone number on the contract in case Stuepfert needed to contact them. The defendant also again gave Sills all the money.

The defendant further testified that he received Stuepfert’s letter of complaint on July 1, 1991. He called and told her that they would return in a few weeks after finishing other jobs. However, he could not testify to any of the other jobs by name or address. When asked what jobs he had to tend to after June 21st before they could finish Stuepfert’s driveway, the defendant cited jobs in Holland, Michigan, on June 28, and in Kalamazoo, Michigan, on July 1. He then stated that he spoke on the telephone with Stuepfert on July 1, and the Kalamazoo job was just “towards” July 1.

When asked what other jobs he had to do subsequent to June 21, 1991, the defendant responded that he went to Niles with a salesman to collect payment for some asphalt. When the prosecutor asked the defendant what happened there, defense counsel objected on the basis that the questioning was outside the scope of direct examination. The prosecutor countered that everything the defendant did after June 21 was relevant because the defendant had testified that because of other business he could not complete Stuepfert’s job. The trial court overruled the objection. The defendant then stated that he had been arrested for extortion in Niles based on an allegation that he had threatened to rip up Zora Kuhl’s driveway. The defendant also admitted to being arrested when he tried to cash a check for $1,600. The charge was later reduced to a misdemeanor, and on July 2, 1991, the defendant pled guilty to the offense of being an unlicensed contractor and paid a $100 fine.

Finally, the defendant claimed that the last time he saw Sills was on June 21, 1991. Sills left the motel where they were staying as the defendant slept.

David McDonald, the manager of an asphalt paving company, testified to the poor quality of the work done on Stuepfert’s driveway. He estimated that it would cost about $700 to remove the asphalt, and about $2,000 to do the job right. McDonald further stated that it was not possible to do the job properly in two or three hours with two or three workers.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Celesty Noel Farmer v. State of Alaska
449 P.3d 1116 (Court of Appeals of Alaska, 2019)
People v. Monson
2012 IL App (3d) 100868 (Appellate Court of Illinois, 2012)
People v. Clausell
Appellate Court of Illinois, 2008
People v. Tooley
Appellate Court of Illinois, 2002
People v. Owens
753 N.E.2d 513 (Appellate Court of Illinois, 2001)
People v. M.Z.
296 Ill. App. 3d 669 (Appellate Court of Illinois, 1998)
In Interest of Mz
695 N.E.2d 587 (Appellate Court of Illinois, 1998)
People v. Murdock
632 N.E.2d 313 (Appellate Court of Illinois, 1994)
People v. Brooks
633 N.E.2d 692 (Illinois Supreme Court, 1994)
People v. Fontana
622 N.E.2d 893 (Appellate Court of Illinois, 1993)
People v. Nixon
608 N.E.2d 1296 (Appellate Court of Illinois, 1993)
People v. Brooks
608 N.E.2d 635 (Appellate Court of Illinois, 1993)

Cite This Page — Counsel Stack

Bluebook (online)
597 N.E.2d 1250, 233 Ill. App. 3d 28, 174 Ill. Dec. 38, 1992 Ill. App. LEXIS 1300, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-chapin-illappct-1992.