People v. Chism

617 N.E.2d 1333, 248 Ill. App. 3d 804, 187 Ill. Dec. 612, 1993 Ill. App. LEXIS 1227
CourtAppellate Court of Illinois
DecidedAugust 9, 1993
DocketNo. 2 — 91—1345
StatusPublished
Cited by3 cases

This text of 617 N.E.2d 1333 (People v. Chism) 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. Chism, 617 N.E.2d 1333, 248 Ill. App. 3d 804, 187 Ill. Dec. 612, 1993 Ill. App. LEXIS 1227 (Ill. Ct. App. 1993).

Opinion

JUSTICE QUETSCH

delivered the opinion of the court:

Following a bench trial in the circuit court of Du Page County, defendant, Desi Chism was convicted of unlawful delivery of more than 15 but less than 100 grams of a substance containing cocaine (720 ILCS 570/401(a)(2)(A) (West 1992)) and was sentenced to a term of six years’ imprisonment and fined $9,600. On appeal, defendant contends that his conviction must be reversed because the State failed to prove beyond a reasonable doubt that he was not entrapped.

The evidence adduced at trial was as follows. The State’s principal witness was Larry Wiess, a police officer with the Du Page County sheriff’s police assigned to the Du Page Metropolitan Enforcement Group (DuMEG). During his assignment to DuMEG, Wiess duties consisted exclusively of investigating narcotics trafficking. Wiess testified that during the first week of January 1991, he received a call on his electronic pager. Wiess telephoned the number that appeared on the pager, and the telephone call was answered by an individual who identified himself as “Deacon.” Wiess later learned that Deacon was defendant. Defendant stated that he was a friend of Marty and Corky and had obtained Wiess’ telephone number from them. Marty was Martin Gomez, an individual who had previously agreed to act as an informant to Wiess. Corky was a mutual .friend of defendant and Gomez. During this conversation, defendant asked Wiess to purchase cocaine from him, and during the next two weeks, Wiess and defendant had several conversations aimed at setting up a sale of a quarter kilogram of cocaine. Defendant wanted $10,000 for the cocaine and wanted the sale to take place at a location on the south side of Chicago. Wiess was unwilling to complete the transaction on the south side of Chicago, and the negotiations in January 1991 broke off.

Wiess had no further contact with defendant until late April 1991. During the week of April 22, Wiess received approximately five telephone calls from defendant. At first, defendant did not leave a telephone number where he could be reached, and Wiess did not return any of the calls until April 30, when Wiess called defendant at his home. Defendant asked Wiess why he did not return defendant’s calls, and Wiess responded that he was able to obtain cocaine from another source without travelling to Chicago. Defendant indicated that he had a new source who could provide nine ounces a week and that Wiess would not have to drive to Chicago to purchase the narcotics. Wiess asked defendant to find out the price and to call him back. About half an hour later, defendant left a voice mail message for Wiess, indicating that he had paged his cocaine supplier and would provide Wiess with prices on the following day.

At about 10 a.m. on April 30, Wiess called defendant but defendant had not yet obtained a price for the cocaine. Later that day, at about 5:30 p.m., defendant paged Wiess and told him he could provide four ounces of cocaine that evening at a price of $1,300 an ounce. Wiess responded that he would be working late, and defendant asked Wiess to call him when he got off of work. Wiess did not call again that evening, and the next day, May 1, at 12:25 p.m. defendant contacted Wiess, asking why Wiess had not called him the prior evening. Wiess responded that he got home from work late. Defendant asked if Wiess still wanted to go through with the transaction and Wiess said he did. Defendant indicated that he had previously been mistaken about the price for the cocaine, which was $1,350 per ounce rather than $1,300. Defendant further stated that he was not making any money on the transaction, and he wanted Wiess to provide him with an ounce of cannabis, fill up his car with gasoline and let him take some of the big rocks out of the cocaine bag. Wiess agreed to these requests.

About an hour later defendant again contacted Wiess and they agreed to meet at a Denny’s restaurant in Willowbrook to complete the sale. Defendant was waiting for a friend to arrive and stated that he would page Wiess when the friend arrived. Wiess did not hear from defendant again until about 1:15 a.m. the next morning, May 2, when defendant again paged Wiess. Defendant stated that his friend failed to show up. Defendant further stated that he was going to call his nephew, who was his source, and would then contact Wiess again. That afternoon defendant contacted Wiess and indicated that his source had sold the four ounces being held for Wiess, but would be getting another four ounces at 6 or 7 p.m. Defendant indicated that he would page Wiess at that time. Apparently, however, there were no further conversations between Wiess and defendant on May 2. On May 3, at 9 p.m., Wiess telephoned defendant after defendant had paged him twice. Defendant stated that his source had the four ounces, but Wiess replied that he had obtained two ounces and was in no hurry to purchase four ounces from defendant. Defendant responded that if Wiess did not make the purchase, defendant’s source would not do business with Wiess anymore. Wiess agreed to make the purchase the following day.

On May 4, three telephone conversations between defendant and Wiess took place in preparation for the sale at the Denny’s in Willowbrook. In their last conversation that day, defendant indicated that his car had broken down near the expressway and that he would call back when it was running. Wiess did not hear from defendant again until May 6. Defendant indicated that his source wanted to complete the transaction on the previous day, but defendant did not want to bother Wiess because it was a Sunday. Defendant still wanted to sell Wiess the four ounces of cocaine and they agreed that defendant would page Wiess and leave the number “666” on Wiess’ electronic pager as a signal that defendant was on his way to the Denny’s. After receiving the “666” code on his pager at about 4:20 p.m., Wiess proceeded to the Denny’s and waited in his parked car for defendant, who had indicated that he would be travelling in a brown car. Subsequently a brown car arrived in which defendant was riding in the backseat, and two males were riding in the front seat. The car at first pulled into a space near where Wiess was parked, but then backed out of the space and drove around to the other side of the building, out of Wiess’ sight. Defendant then approached Wiess’ car and identified himself as “Deacon.” Defendant climbed into the passenger side of Wiess’ car and gave Wiess a clear plastic bag inside of which were four smaller bags containing a white powdery substance later identified as cocaine. Wiess complained that defendant had told him the cocaine would be “rock right off the brick,” but that it appeared powdery. Defendant told Wiess to open the bag and check out the rocks inside. Wiess had defendant open one of the bags, and Wiess pulled out the money to buy the cocaine. Defendant stated that now that they had done business, he would be able to provide four ounces every week. At that point Wiess signalled to other police officers present at the scene who arrested defendant. As he was being arrested, defendant ripped open the bag he was holding and spilled the powdery contents onto the parking lot.

Wiess testified that he had known Martin Gomez for several months prior to January 1991, and had been involved in arresting Gomez in 1990 for the alleged delivery of a controlled substance. Subsequently, Wiess enlisted Gomez to act as an informant and introduce Wiess to narcotics sellers.

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Cite This Page — Counsel Stack

Bluebook (online)
617 N.E.2d 1333, 248 Ill. App. 3d 804, 187 Ill. Dec. 612, 1993 Ill. App. LEXIS 1227, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-chism-illappct-1993.