People v. Childrous

552 N.E.2d 1252, 196 Ill. App. 3d 38, 142 Ill. Dec. 511, 1990 Ill. App. LEXIS 374
CourtAppellate Court of Illinois
DecidedMarch 28, 1990
Docket4-88-0796
StatusPublished
Cited by20 cases

This text of 552 N.E.2d 1252 (People v. Childrous) 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. Childrous, 552 N.E.2d 1252, 196 Ill. App. 3d 38, 142 Ill. Dec. 511, 1990 Ill. App. LEXIS 374 (Ill. Ct. App. 1990).

Opinion

JUSTICE McCULLOUGH

delivered the opinion of the court:

Following a jury trial, defendant Deearlise Childrous was found guilty of murder and armed robbery and sentenced to natural life and 30 years’ imprisonment. Defendant raises the following issues for our consideration: (1) whether the trial court’s refusal to bar the admission into evidence of statements of defendant’s accomplice, Tommy Coleman, and the prosecutor’s highlighting of these statements during closing arguments, without any limiting instruction, denied defendant a fair trial; (2) whether the jury instructions for armed robbery were deficient; and (3) whether the victim-impact statement included as a part of the presentence report violated defendant’s rights under the eighth amendment of the United States Constitution and article I, section 11, of the Illinois Constitution. We affirm.

On June 2, 1988, a five-count information was filed, charging defendant Deearlise Childrous and Tommy Coleman with four counts of first degree murder and one count of armed robbery. The information alleged that on April 8, 1988, defendant and Coleman fatally shot Beth Akers after stealing her purse. Defendant and Coleman were tried separately. Defendant’s jury trial began on September 27,1988.

I. REVIEW OF THE EVIDENCE

A. STATE’S CASE

(1) DISCOVERY OF VICTIM AND POLICE ACTIVITY

Tracy Hamilton testified that on April 8, 1988, she lived at 726 North Seventh Street in Springfield. She had known 20-year-old Beth Akers for four years, and was a roommate of Akers’ boyfriend, Todd Nutt. On April 8, Akers arrived at Hamilton’s house at approximately 11:15 p.m. and left about 15 minutes later. When Akers left, Hamilton noticed she was carrying her purse and keys and was wearing her eyeglasses. Hamilton expected Akers to return in about 15 minutes. At approximately 11:45 p.m., Hamilton testified after she heard a scream and then two shots, she walked to the front door of her house to investigate. Hamilton testified she then heard Akers scream, “Tracy.” When Hamilton went outside, she found Akers on the sidewalk near a neighbor’s house. Hamilton initially saw no one else in the area.

Hamilton testified she then approached Akers and asked her what happened, and Akers said, “[Tjhey stole my purse.” Hamilton then went back inside her house, called the police, and came back outside to be with Akers. Hamilton testified Akers got up slowly and took five limping steps before falling face first into Hamilton’s yard. Hamilton testified she then saw four young black males, approximately 8 to 13 years old, walk by without stopping or offering help. Hamilton stated the area was “bright” and “always lit up.” Hamilton did not see Akers’ purse near her, but did see that her keys were in her hand and she had her eyeglasses on.

Springfield police officer Robert Crouch testified that he was called to the 700 block of North Seventh Street in Springfield at approximately 11:45 p.m. on April 8, 1988. Upon arriving at 726 North Seventh Street, Crouch and his partner found Akers lying on the sidewalk in front of that address. Akers was conscious at that time, and mumbled something to Officer Crouch which he testified was unintelligible. Crouch did not observe any injuries at first and called an ambulance.

Roy Mayfield was the ambulance paramedic who initially treated Akers at the scene on North Seventh Street and then transported her to St. John’s Hospital. Upon his arrival, Mayfield testified Akers was in “full arrest,” but was revived with CPR procedures. Mayfield noticed a small bullet wound in Akers’ abdominal region.

Dr. Robert Grover testified he performed the autopsy on Beth Akers on April 9, 1988. Akers had been pronounced dead at 1:37 a.m. on April 9, after unsuccessful surgery. Akers’ body displayed gunshot wounds to the abdomen, right thigh, and the backside of the right knee. Dr. Grover found and removed a bullet from the lower vertebrae region of Akers’ body. The doctor identified in court the bullet that he removed from Akers. Officer John Adleman attended the autopsy of Beth Akers. He observed Dr. Grover pull a spent bullet out of the lower spinal area. In court, Adleman identified the same bullet.

A set of car keys, a pair of prescription eyeglasses and a piece of blue nylon cloth were found in the vicinity of 726 North Seventh Street in the early morning of April 9,1988.

(2) EVIDENCE RE STATEMENTS ATTRIBUTED TO TOMMY COLEMAN .

Jeff Kimble, a convicted residential burglar, testified that on April 8, 1988, he lived with the defendant and the defendant’s aunt, Jackie Danley, who was Kimble’s girlfriend. Kimble testified he had been friends with the defendant for seven or eight years and had been friends with Coleman for two or three months. On April 8, 1988, Kimble was at home watching television with Danley, the defendant, and Coleman. Kimble stated defendant and Coleman arrived at the house at “11 or 9 *** I ain’t quite sure” and began to talk about “going to get some money” Kimble stated defendant and Coleman left the house on April 8 at approximately 10 p.m. and indicated that they were going to do a “robbery or take a purse.” Defendant and Coleman returned 1 to V-k hours later, and had a purse with them, the contents of which were emptied onto the kitchen table in Kimble’s house. Kimble stated Coleman took credit cards, which had Beth Akers’ name on them, and a wedding band; he (Kimble) took an ink pen; and the defendant took nothing from the purse.

After Coleman and the defendant returned to the house, Kimble testified Coleman reported that “they had snatched the purse and Tommy said that him and Deearlise had shot the woman because she wouldn’t let go of the purse.”

Kimble admitted while testifying that when he first spoke with the police, he told them in writing that he was told that Coleman, not the defendant, had done the shooting. Kimble stated he lied to the police because he was dating the defendant’s aunt. Kimble again reiterated his testimony that Coleman told him that the defendant was the shooter because “she wouldn’t let go of the purse and so Deearlise shot in the air once and then he said he shot her.” Kimble stated he changed his story to implicate the defendant only after the police told Kimble that they did not believe his story about Coleman being the shooter.

After the April 8 conversation, Kimble testified that Coleman then went across the street, threw Akers’ purse into a dumpster, and unsuccessfully attempted to get rid of the checks and credit cards in the purse.

Kimble testified further regarding the events of April 9, 1988, at defendant’s mother’s house. Kimble stated that on April 9 he read something in the newspaper about the Akers murder and then threw the paper to the defendant, who in turn threw the paper to Coleman. Kimble testified the following conversation then occurred between Coleman and the defendant:

“[By Kimble:] Tommy said that Deearlise had shot and killed a lady but he said well, if you wouldn’t never had snatched the purse I wouldn’t never have to shoot her ***.”

Kimble further testified that Coleman was at his house on April 10, 1988.

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Cite This Page — Counsel Stack

Bluebook (online)
552 N.E.2d 1252, 196 Ill. App. 3d 38, 142 Ill. Dec. 511, 1990 Ill. App. LEXIS 374, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-childrous-illappct-1990.