People v. Clark

581 N.E.2d 722, 221 Ill. App. 3d 303, 163 Ill. Dec. 568, 1991 Ill. App. LEXIS 1800
Appellate Court of Illinois·Decided October 22, 1991·No. 2-90-0742·Published·Cited by 13 cases

Opinions

JUSTICE GEIGER

delivered the opinion of the court:

The defendant, Travis Clark, was convicted of felony theft (Ill. Rev. Stat. 1989, ch. 38, par. 16 — 1(a)) and was fined $100, assessed costs and sentenced to 12 months’ of conditional discharge. On appeal, the defendant contends he was not proved guilty beyond a reasonable doubt of aiding and abetting the theft of a tile saw machine by a fellow employee and was, at most, an accessory after the fact.

At the trial, Officer Brogan of the Itasca police department testified that he was driving through an industrial area of Itasca on Saturday, December 9, 1989. The businesses were closed that morning. As he pulled his patrol car into the lot of Barco Manufacturing, a passenger car drove out of the lot -with a Century Tile truck behind it. Brogan waved to the car, which then pulled alongside him. Brogan asked the driver what he was doing there, to which the man responded, “I was talking to a friend.” Brogan asked him if he would stop and talk for a minute, but the driver sped away. Brogan backed his car and gave chase, pursuing him all over the industrial area. The driver found himself in a construction site, put the car in reverse, and then jumped out of the car, which continued moving in reverse until it hit a bulldozer. Brogan and other officers pursued the man on foot until they captured Kenneth Broughton, whom they arrested on a variety of charges.

After the chase began, the defendant, driving the Century Tile truck, pulled out of the Barco lot in a normal fashion. Brogan had not had any communication with the truck’s driver. After the arrest of Broughton, Brogan returned to the Barco lot, where he found a boxed tile-cutting machine in a dumpster. The box was not heavy, but the weight was awkwardly distributed. He then drove to the Century Tile warehouse nearby. The manager there identified the machine by the serial number on the box. The defendant was supposed to be driving the truck to the Bolingbrook store. Brogan had a radio message sent out to other police districts.

Brogan further testified that a Bolingbrook police officer took the defendant into custody as he drove the truck into the Bolingbrook store lot. The defendant was transferred back to Itasca, where Brogan interviewed him. The defendant said Broughton had loaded the truck. The defendant also told Brogan that Broughton told the defendant to follow him out of the Itasca store and that they pulled into the Barco lot. The defendant claimed he did not know that the cutter was in the truck until he saw it after he stopped in the Barco lot. The defendant said he did not want to be involved in a theft but thought he was on the spot. He helped Broughton put the box in the dumpster. According to Officer Brogan, Broughton explained to the defendant that Broughton would return and retrieve it.

The defendant also wrote a statement for Officer Brogan, in which the defendant claimed he did not know what was on the truck because he did not load it. When he saw the tile cutter, he was shocked and stunned. The defendant told Broughton to get it off his truck because it did not belong there. The only place the cutter would fit was the dumpster, and defendant then helped Broughton pull it off the truck. The defendant wanted to leave before it appeared as if he were the one stealing it. The defendant said he planned to report the theft as soon as he arrived in Bolingbrook.

Officer Harrison testified that the box he helped Officer Brogan pull out of the dumpster was four feet by three feet by three feet and weighed 100 pounds.

Tom Parks testified as the manager of the Century Tile store. He identified the tile-cutting saw by comparing the serial number to that of his records. The retail price was $995. There were no orders for that machine to be shipped. The defendant was assigned to drive a truck to Bolingbrook with samples of tiles, but he was not supposed to be hauling a tile cutter. Parks gave defendant some gas company charge cards to use if he needed gas for the truck. The defendant had no business at Barco. No one else had authority to remove the tile cutter from the Century Tile store.

On December 9, Parks had arrived at work at 9 a.m., but other employees had arrived at 7 or 8 a.m. Broughton operated a forklift machine. Broughton also had a part-time job installing tile for a Century Tile customer.

At the close of the State’s case, the defendant moved for a directed verdict. The State noted defendant’s own statement in which he stated he surmised the tile cutter was stolen but still helped Broughton unload it. The court denied the motion.

The defendant then testified on his own behalf. He was a warehouse worker at Century Tile, pulling orders, cleaning, stacking and doing other tasks. Broughton was a forklift operator there. On December 9, the defendant saw Broughton pulling items off of the racks and moving around the stock. The defendant never talked to Broughton about a tile-cutting saw. After pulling orders and stacking skids, Parks asked the defendant to drive the delivery truck. Driving was not an ordinary part of his job, as he had driven the truck only four times in the 14 months he had worked for Century Tile. Aaron, another employee, loaded the truck, as he usually made the deliveries, and told the defendant it was ready to go. Aaron told the defendant that “they” would buy the defendant breakfast since he was making the delivery and told him to follow Broughton to a McDonald’s restaurant.

Broughton led the defendant down a street and then behind a warehouse. Broughton jumped out of his car and went to the back of the truck and opened the unlocked door. The defendant left the cab and walked around to the back to see what Broughton was doing. Broughton said he was taking the saw that was sitting there. The defendant said, “Why are you doing this? It would look like I’m stealing this if the police would pull back here. *** I said I wouldn’t let him, but he said I was not going to stop him.” Broughton was slightly bigger than the defendant but looked “pretty rough,” and the defendant did not want to fight him. The defendant testified that he was stunned and watched Broughton try to load the saw into the trunk of his car. The box got snagged on the back of the truck, and the defendant helped him unsnag it. Broughton put it in his trunk. The defendant did not know what to do at that time; he was stunned.

The box did not fit in the trunk of Broughton’s car, and he asked the defendant to help him put it in the dumpster. The defendant helped because Broughton had to go back to work, and the defendant thought he could report it when he got to Bolingbrook. The defendant got back into the truck and turned it around. By the time the truck was turned, Broughton was gone. As the defendant headed out, he saw Broughton talking to a police officer and then speeding off with the officer in pursuit. The defendant then drove to Bolingbrook, intending to report the incident to Eddie Payne, the manager there, with whom the defendant felt comfortable because Payne was a former manager in Itasca. The Bolingbrook police arrested him as he approached the store, and he was taken back to Itasca, where he made his statements. The defendant was not under any financial hardship, was not taking drugs, and had no need for more money.

On cross-examination, the defendant stated he worked under Parks for 14 months and was on good terms with him.

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People v. Clark, 581 N.E.2d 722, 221 Ill. App. 3d 303, 163 Ill. Dec. 568, 1991 Ill. App. LEXIS 1800 (Ill. Ct. App. 1991).

581 N.E.2d 722 (People v. Clark) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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