People v. Cleveland

625 N.E.2d 1037, 254 Ill. App. 3d 237, 192 Ill. Dec. 882, 1993 Ill. App. LEXIS 1905
CourtAppellate Court of Illinois
DecidedDecember 22, 1993
DocketNo. 4—92—1036
StatusPublished

This text of 625 N.E.2d 1037 (People v. Cleveland) 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. Cleveland, 625 N.E.2d 1037, 254 Ill. App. 3d 237, 192 Ill. Dec. 882, 1993 Ill. App. LEXIS 1905 (Ill. Ct. App. 1993).

Opinion

JUSTICE LUND

delivered the opinion of the court:

Defendant Jason Cleveland was convicted by a jury in the circuit court of Champaign County of reckless homicide while under the influence of a drug, namely, butane. (Ill. Rev. Stat. 1991, ch. 38, par. 9 — 3(a).) He was charged by indictment with two counts of reckless homicide. Count I alleged that he drove his vehicle while under the influence of a drug or combination of drugs and failed to maintain a reasonable lookout or attention to the roadway, resulting in the death of Lindsay Waters. Count II alleged the same acts of recklessness, but without any reference to defendant being under the influence of drugs. After his conviction, defendant was sentenced to a term of three years’ imprisonment in the Illinois Department of Corrections. He now appeals, claiming the State failed to prove that butane is a drug for purposes of the reckless homicide statute and that evidence was insufficient to convict him. We affirm.

The accident occurred at approximately 3 p.m. on June 19, 1992, on Illinois Route 45 just south of Leverett Road. Route 45 is a four-lane highway, separated by a grassy median. Defendant, then 18 years old, was driving a red convertible -with three passengers, 17-year-old Michael Hunter, 15-year-old Bobbie Fitzsimmons and 15-year-old Lindsay Waters. Waters was killed in the accident.

At defendant’s jury trial, Michael Hunter testified the teenagers were headed to Champaign when the accident occurred. He sat in the front passenger seat, Fitzsimmons was seated behind defendant and Waters sat behind Hunter. The convertible top was down. Defendant was driving about 70 miles per hour. They were listening to music, and he and defendant were inhaling butane to get high. They did this by putting their teeth on the nozzle and pressing down so the fumes would go into their lungs. After he inhaled he felt numb, but was “pretty much” aware of his surroundings. He and defendant each inhaled about four times. As they approached Leverett Road, Hunter noticed the car going off the left side of the road and onto the median. He called defendant’s name, but did not recall whether defendant responded. Defendant appeared to be looking straight ahead and blinked his eyes quickly, as if he were focusing. Hunter grabbed the steering wheel because he was afraid they were going to wreck. The next thing he remembers is waking up in a field. He had only very minor injuries. Hunter had been in this car the day before and noticed it had been in a wreck. It was hard to steer, although defendant did not say anything to him about that fact on the day of the accident.

On cross-examination, Hunter testified that he does not recall who had the butane canister first or last during the trip to Champaign, or when they last inhaled prior to the accident. The effects of inhaling the butane lasted from half a minute to V-k minutes. He does not recall telling anyone that he and defendant were inhaling butane.

Edward Galynan testified he was driving northbound on Route 45 at the time of the accident. It was a warm day, the road was dry, and traffic was a little heavy. He first saw defendant’s car when it hit the ditch on the left side of the road and then saw it become airborne and overturn. He and his companion stopped their car and went back to the accident scene. The car was upside down in the field. He went over to where defendant was lying on the ground, and defendant asked him how bad the car was. He then told Galynan he was doing propane. A few minutes later defendant said “as we were doing butane.” Defendant asked Galynan several times to give him a ride, and Galynan refused.

On cross-examination, Galynan admitted he had told a police officer that defendant had said everyone was doing butane.

Becky Maratea was with Galynan and testified she tended to Hunter as he lay on the ground. She found a bottle of butane near the car.

Kevin Puryear was stationed at Chanute Air Force Base in Rantoul in June 1992. Defendant’s car passed his car in the passing lane when he was on Route 45. He estimated the speed of defendant’s car to be over 60 miles per hour. He was about 50 yards behind the car when it went off the road. The car had been in the right lane, then went into the left lane, and then kicked up some dust as it appeared to hit the inside of the median, swerve to the right, and go off the road. After Puryear saw the dust kick up on the median, the car swerved hard to the right, made an approximately 80-degree turn, and went into the ditch.

The parties stipulated that Waters died on June 19, 1992, as a result of internal injuries incurred in an accident when she fell from a moving vehicle and struck a concrete culvert.

Donald Bartlett, M.D., a board-certified emergency physician at Carle Foundation Hospital, testified regarding the National Formulary, which is an encyclopedia of various drugs and medications that are available in this country. He rarely has occasion to consult it. The poison index is a computer-based program in three sections — a drug formulary, poison index, and encyclopedia for emergency problems. He stated that he is more familiar with butane as a fuel than as a drug substance. Butane is one of the volatile hydrocarbons, and he believes it is listed in the National Formulary. Butane, if inhaled, could function as an asphyxiant which displaces oxygen from the environment. One of the earlier symptoms would include unconsciousness, since brain cells are the most sensitive. Prior to losing consciousness, a person inhaling an asphyxiant could experience symptoms ranging from fully conscious to unconscious, from mildly tired to stuporous, to being fully unaware of his or her surroundings. Bartlett is not aware of a blood test for presence of an asphyxiant. He treated defendant in the emergency room and stated defendant had no life-threatening injuries, only cuts and bruises. He ordered routine lab tests, X rays, and a CAT scan of defendant’s head. Tests were negative, but defendant was admitted to the hospital and kept overnight for observation. In the emergency room, defendant was fairly reliable in giving a history, but he had some slight memory deficits. Defendant did not tell Bartlett he had been inhaling butane.

On cross-examination, Bartlett testified there were times after the accident that defendant could not remember all the details about the accident, which is consistent with having been in an automobile accident. He is not aware of any tests that will determine whether one has butane in his or her system.

Billy Waters, owner of the auto defendant was driving at the time of the accident, testified that in May 1992 he had a minor accident with the auto, where the front fender was slightly dented. After that, he drove the car every day and had no problems with it. He loaned the car to defendant to make the trip to Champaign.

Tim Compton, a paramedic responding to emergency 911 calls regarding the accident, testified that defendant was belligerent and uncooperative at the scene of the accident. He would not sit down and stop moving around as instructed. Defendant told Compton he was fine and wanted to leave.

James Gregory, M.D., testified that he is director of trauma and critical care services at Carle Foundation Hospital.

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Related

Jackson v. Virginia
443 U.S. 307 (Supreme Court, 1979)
People v. Berry
460 N.E.2d 742 (Illinois Supreme Court, 1984)
People v. Enoch
522 N.E.2d 1124 (Illinois Supreme Court, 1988)
People v. Collins
478 N.E.2d 267 (Illinois Supreme Court, 1985)

Cite This Page — Counsel Stack

Bluebook (online)
625 N.E.2d 1037, 254 Ill. App. 3d 237, 192 Ill. Dec. 882, 1993 Ill. App. LEXIS 1905, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-cleveland-illappct-1993.