People v. Creque

573 N.E.2d 1297, 214 Ill. App. 3d 587, 158 Ill. Dec. 112, 1991 Ill. App. LEXIS 826
CourtAppellate Court of Illinois
DecidedMay 17, 1991
Docket1-90-0793
StatusPublished
Cited by7 cases

This text of 573 N.E.2d 1297 (People v. Creque) 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. Creque, 573 N.E.2d 1297, 214 Ill. App. 3d 587, 158 Ill. Dec. 112, 1991 Ill. App. LEXIS 826 (Ill. Ct. App. 1991).

Opinion

JUSTICE McNAMARA

delivered the opinion of the court:

Defendant, Frank Creque, was convicted by a jury of aggravated arson and three counts of felony murder for a fire at an apartment building in which three residents died. Judgment was entered on the verdicts, and the trial court sentenced defendant to natural life imprisonment on the felony murder counts and a concurrent 30-year term on the aggravated arson count.

The fire occurred in a four-story residential building in Chicago. On the ground level are a lobby, an office and five apartments, one of which defendant occupied. A wooden stairway runs from the lobby to each of the three upper floors with a fire door on each floor between the stairway and the hallway. It is undisputed that the fire began on the ground level in a couch left in the hallway by a former tenant. The three residents who died lived on the fourth floor. Several other residents were injured.

Greg Smith, who had known defendant for several years, testified for the State that on October 5, 1988, at about 1:30 p.m., he and defendant bought some beer, and then went to defendant’s apartment. Evelyn Rigsby, with whom defendant shared the apartment, came home about 4:30 p.m. Soon thereafter, Thomas Viere, the building owner, came to the door and asked Rigsby for rent money. Defendant began to complain to Viere about a neighbor’s barking dogs and items needing repair in the apartment. Viere informed defendant and Rigsby that he wanted them to vacate the apartment in two weeks so that the building manager could move in. After Viere left, defendant said that when he moved out, he was going to take down and destroy the kitchen cabinets. Defendant then went into a back room and returned with a white plastic container with a red lid. Smith followed defendant into the hallway, where he watched defendant spray the front steps and the couch with the liquid from the bottle, then light a match and throw it on the couch, which went up in flames. Smith did not say anything to defendant or try to stop him. Smith further testified that he ran into the apartment and filled a green garbage pail with water from the bathroom. When he opened the door to the hallway, flames were over his head and the smoke was thick. He slammed the door shut and exited through the window with defendant and Rigsby. After Smith helped several people out of the building, he and defendant walked to the liquor store and bought more beer. Defendant warned Smith that if he told anyone about the fire, defendant would involve Smith.

Smith went to the police station at about 2:30 a.m., the following morning, after learning that the police were looking for him. The police spoke with Smith three times. Smith testified that he was afraid during the questioning because he thought that the police considered him a suspect. At first, he told police that he had not seen anything. When the police returned and told him that they had spoken to Rigsby, Smith told the police that he saw defendant go out into the hallway, but that he remained in the apartment. During the third interview with police, Smith said that he followed defendant into the hallway and watched him spray the stairway, hallway and couch and then set fire to the couch.

Rigsby testified for the State that she and defendant had lived together about seven years. Her testimony about the events prior to the fire substantially corroborated that of Smith. When Rigsby arrived home at about 4:30 or 4:45 p.m., defendant and Smith were in the apartment, drinking and listening to music. When Viere came, defendant berated Viere and threatened to report building code violations. When Viere told Rigsby that he wanted them to move out in two weeks, defendant said that they could stay for three months if they wanted. After Viere left, defendant told Rigsby that he was going to break the cabinets. Smith suggested that they spray paint the walls but then said that he was only kidding. Defendant went into the bedroom and returned with a white plastic container, which appeared to be the bottle of charcoal lighter fluid stored in the bedroom closet. Defendant and Smith went out into the hallway, returning two minutes later. They sat on the couch, opened another beer and neither appeared to be acting unusually. When Smith noticed smoke coming into the apartment from the hallway, he opened the door, quickly shut it and said the building was on fire. They all exited through a window to the outside.

Both Rigsby and defendant spoke to police at the scene, then went to the police station, where Rigsby remained for 22 hours without food or sleep. At first, she denied knowing anything because she was upset and scared. She did not think that defendant started the fire and did not want to get him in trouble. The police told her that three people died in the fire and that she could be charged with murder. They later told her that Smith blamed defendant for the fire. Eventually, she told the truth.

Detective William Baldree testified that he interviewed Smith, Rigsby and defendant at the police station. After Baldree told defendant of his conversation with Smith and Rigsby, including their accusations, defendant responded that no one could have seen him start the fire because he was in the hallway alone and that “no one could have seen him start anything.” Defendant denied starting the fire.

Marshall Ronald Robinson of the Chicago fire department, a fire investigation expert, arrived at the fire scene at 6:50 p.m. He concluded from his observations that the fire originated in the couch and was intentionally set, based upon the lack of structural damage to the couch itself. He also stated that “something was poured on the couch to help the couch burn at the rate it did.” His report, however, indicated that he observed no evidence of accelerant, “no low burning” and no other unusual burn patterns.

Detective Allen Falasz of the bomb and arson unit testified that he was assigned to do a follow-up investigation on the morning after the fire and was told an accelerant had been used and that the fire started in the couch. He arrived at the building at 9:20 a.m. and took four debris samples from the couch and one from the front stairwell. Falasz stated that he saw no evidence of tampering or alteration of the couch. Chemical analysis by William Tyrell, the State’s expert, revealed that these samples contained a medium petroleum distillate, an accelerant. Tyrell could not identify the type of accelerant or state how long the chemical had been on the couch.

Viere testified for the State that he went to the apartment at about 5 p.m. to collect rent and to tell defendant and Rigsby that they were being evicted. Defendant became “adamant” and threatened to report Viere for building violations. Viere stayed for a few minutes, then left the building at about 6 p.m. to return to his nearby home. Viere returned to the building about 7:30 or 8 p.m. when he learned of the fire. He told police at the scene about his earlier discussion with Rigsby and defendant. The building was boarded up, and Viere remained on the premises through the night. He allowed two residents, who had no where else to sleep, to remain in the building overnight but no other people “came and went.”

Ann Gentry, the resident manager, testified that she returned to the building for a short time on the morning after the fire to get some clean clothes from her apartment.

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Cite This Page — Counsel Stack

Bluebook (online)
573 N.E.2d 1297, 214 Ill. App. 3d 587, 158 Ill. Dec. 112, 1991 Ill. App. LEXIS 826, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-creque-illappct-1991.