People v. Cook

558 N.E.2d 1268, 201 Ill. App. 3d 449, 146 Ill. Dec. 934, 1990 Ill. App. LEXIS 1005
CourtAppellate Court of Illinois
DecidedJuly 6, 1990
Docket1-86-1358
StatusPublished
Cited by7 cases

This text of 558 N.E.2d 1268 (People v. Cook) 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. Cook, 558 N.E.2d 1268, 201 Ill. App. 3d 449, 146 Ill. Dec. 934, 1990 Ill. App. LEXIS 1005 (Ill. Ct. App. 1990).

Opinion

PRESIDING JUSTICE LaPORTA

delivered the opinion of the court:

Following a jury trial, defendant, Michael Cook, was convicted of murder (Ill. Rev. Stat. 1983, ch. 38, par. 9 — 1(a)(1)) and attempted armed robbery (Ill. Rev. Stat. 1983, ch. 38, pars. 8 — 4, 18 — 2) and was sentenced to concurrent prison terms of 25 and 10 years, respectively. On appeal, defendant contends that (1) the trial court erred in denying his pretrial motion to suppress evidence, (2) his sentences were based upon improper factors, (3) his sentences were excessive, and (4) he was deprived of a fair trial because comments made by the prosecutor during closing argument were improper.

Defendant was charged with three counts of murder, one count of armed violence, and one count of attempted armed robbery in connection with the shooting death of 55-year-old Bernice Tyler. Fourteen-year-old Patrick Williams was also implicated in the incident. Williams pleaded guilty to murder and attempted armed robbery, was adjudicated delinquent in juvenile court, and served a term of 21k years in a youth center for the Illinois Department of Corrections, Juvenile Division.

The evidence presented by the State indicated that at approximately 7 p.m. on Friday, February 11, 1983, 17-year-old defendant and 14-year-old Williams were at Rossi’s game room at Polk and Pulaski streets in Chicago, Illinois. The two young men were friends from the neighborhood, and defendant asked Williams whether he knew where they could get a gun to make some money. Williams agreed to meet defendant on the following Sunday at the Busy Bee store located near Arthington and Pulaski streets in Chicago, Illinois.

At about 9 a.m. on Sunday, February 13, 1983, Williams, without permission, went into his uncle’s bedroom closet and took a black .25 caliber automatic handgun out of a coat pocket. Later that morning, Williams went to meet defendant at the Busy Bee store. Samuel Norris, John Rankins, and defendant were already there when Williams arrived. While in the store, Williams pulled defendant aside and showed him the gun, which was in a pocket of the quilted ski vest that Williams was wearing. Williams subsequently pointed the gun at Norris and told him that it was a stick up, but then indicated that he was only playing.

At about that time, the victim, Bernice Tyler, was walking south on Pulaski past the Busy Bee store. Defendant told Williams that he had been watching the victim and that she had a lot of money. Defendant then told Williams to hold the gun because he was a juvenile, and if the police picked him up, he would just go to the Audy home. Defendant was to act as a lookout for the police. Williams left the store with defendant, and together they followed Tyler for about a minute. Tyler was carrying two bags of groceries and a purse. Williams continued to walk behind Tyler, and defendant crossed the street. When Tyler neared a viaduct, Williams walked in front of her, pointed the gun at her, and demanded her purse. Tyler stated that she had no money, but Williams again demanded her purse. Tyler repeated that she had no money and pulled out a pocket knife which she swung at Williams. Williams jumped back, and Tyler grabbed the gun from his hand, but Williams grabbed it back and shot Tyler. She fell to the ground, and Williams and defendant began running together west and then north. Defendant told Williams that he was going home, and Williams ran into an alley where he threw the gun between two garages and hid his ski vest under some boards. Williams hid under a porch for approximately 40 minutes. He then began walking toward his uncle’s house. While he was walking, his sister and brother-in-law saw him and told him that the police were looking -for him. Williams got into their car, and they dropped him off at his house.

Thurmon McBride was at a junkyard at 921 South Pulaski at the time of the shooting. He heard what sounded like a car backfiring and then saw two people running west and then north. When McBride saw Tyler lying on the ground by the viaduct, he telephoned the police. Chicago police officer Robert Duewerth received a radio message at approximately 1 p.m. .that a woman had been shot in the area of Arthington and Pulaski and that the suspects had been seen crossing Pulaski and running west down Taylor Street. When he arrived at the scene, Duewerth found Tyler lying on the ground on the east side of Pulaski and observed a bag of groceries, a purse, and a pocket knife on the ground near her. McBride told Duewerth that he had seen two young men running north and west from the scene and described them as two black males, aged 15 to 18 years old. One of them was about 5 feet 10 inches tall, had a medium build, dark complexion, black hair, and was wearing a black leather coat and dark trousers. The other was about 5 feet 6 inches tall and of medium build and was wearing a light and dark blue quilted vest, a gray sweater underneath, and dark pants. Duewerth broadcast these descriptions along with the information that the two individuals were wanted for robbery and for a shooting. A .25 caliber spent shell casing was recovered from the area near Tyler’s body.

When police officer James Nowlin received the radio message that a woman had been shot in the area of Arthington and Pulaski and that two suspects were seen running west on Taylor Street, he proceeded to the alley on Polk Street and got out of his car. As he looked east on Polk, Nowlin saw the defendant come from behind two women and hug them. The defendant was dressed in a black leather jacket, dark blue sweater or shirt, and dark trousers, and Nowlin apprehended him because he fit the radio description of one of the offenders. Nowlin put defendant in the back seat of the squad car and took him to the scene of the shooting. McBride then identified defendant as one of the two men he had seen running after he heard the sound of the shot.

Police detective Thomas Lahm advised defendant of his Miranda rights, and defendant indicated that he understood those rights. Lahm did not perceive that defendant did not understand English or was of less than average intelligence. Lahm interviewed the defendant at the police station, and defendant initially denied involvement in the shooting but implicated Patrick Williams. Defendant directed Lahm to Williams’ house, but Williams was not home. They then drove around and looked for Williams in areas frequented by him. Lahm subsequently returned to Williams’ house, found him there, and arrested him in connection with the shooting of Tyler. Williams took Lahm to the alley in which he had thrown the gun and hidden his vest. After searching the area, the police recovered the vest, but not the gun. Upon returning to the police station, Lahm again advised defendant of his Miranda rights, and defendant indicated that Williams had a gun while he was in the store and had been talking about robbing people. Defendant stated that Williams asked him whether he would help him and that he and Williams left the store and started to walk south on Pulaski. Defendant crossed the street to the west side of Pulaski, and Williams confronted Tyler. Defendant said that after he heard a shot, he turned, saw Tyler fall, and then fled the area.

Thereafter, Assistant State’s Attorney Thomas Fecarotta again advised defendant of his Miranda rights and asked defendant whether he understood them.

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Related

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628 N.E.2d 472 (Appellate Court of Illinois, 1993)
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606 N.E.2d 267 (Appellate Court of Illinois, 1992)
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604 N.E.2d 275 (Illinois Supreme Court, 1992)
People v. D.C.
613 N.E.2d 1139 (Appellate Court of Illinois, 1992)
In Re DC
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571 N.E.2d 899 (Appellate Court of Illinois, 1991)

Cite This Page — Counsel Stack

Bluebook (online)
558 N.E.2d 1268, 201 Ill. App. 3d 449, 146 Ill. Dec. 934, 1990 Ill. App. LEXIS 1005, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-cook-illappct-1990.