People v. Davis

779 N.E.2d 443, 335 Ill. App. 3d 1, 268 Ill. Dec. 829, 2002 Ill. App. LEXIS 1035
Appellate Court of Illinois·Decided November 6, 2002·No. 1 — 00 — 3916·Published·Cited by 18 cases

Opinion

JUSTICE WOLFSON

delivered the opinion of the court:

In the early morning hours of July 7, 1998, Larion Jackson, his brother Chris, and some friends were on a porch outside the Jackson home at 512 North Laramie Street in Chicago. Two men approached the porch, one carrying a handgun, the other a shotgun. The men fired their weapons, then turned and ran.

One of the shots struck Larion. He died of a gunshot wound to the head. The police investigation eventually led to Derrold Davis. He was arrested on August 10, 1998. During the next 36 hours he admitted, orally and in writing, that he drove the car that carried the shooters to the scene of the shooting and then drove them away after the shots were fired.

After a jury trial, Derrold was convicted of the first-degree murder of Larion, the attempted first-degree murder of Chris, and aggravated discharge of a firearm. He was sentenced to 25 years, 10 years, and 10 years, respectively, sentences to be served concurrently. He now appeals those convictions.

His contentions include challenges to the legality of his arrest, the voluntariness of his confessions, the admission of testimony and opinions about gangs, and the propriety of certain closing argument remarks made by the State.

We affirm the convictions and sentences.

FACTS

PROBABLE CAUSE HEARING

Derrold filed a motion to quash his arrest and suppress his statements on the ground that the police lacked probable cause to arrest him. At the hearing, Derrold testified he went to the police station in the early morning hours of August 10, 1998, to complain about an unrelated shooting. Ronald Chatman, Derrold’s cousin, corroborated this portion of Derrold’s testimony.

Derrold was placed in the lockup and questioned about the unrelated shooting. The police then questioned him about the shooting of Larion Jackson. Derrold made an oral statement, then a signed handwritten statement, incriminating himself in the Jackson shooting.

Detective James Gilger of the Chicago police department testified that on July 9, 1998, he was assigned to investigate Larion’s murder and the attempted murder of Chris Jackson. That day, he went to the area of the shooting to canvass the neighborhood for witnesses.

At about 7 p.m. he found Jemar Williams, a member of the Traveling Vice Lords gang. Williams was not a regular informant, but Gilger had used Williams before for information. When Williams told Gilger he knew about the murder, Gilger took Williams to the police station to be interviewed. Williams was not a suspect.

Williams told Gilger he was sitting on his front porch when he heard a couple of gunshots. He looked over to where the noise came from and saw a Black P-Stone gang member whose nickname is Twin shooting at people on the porch at 512 North Laramie with a handgun. Williams was not sure whether the handgun was a .45-caliber or a .9-millimeter gun, but he knew it was a black steel handgun.

He also saw another person firing a shotgun at the people on the porch. Gilger said Williams gave him a description of the shotgun shooter.

Williams saw the people on the porch scrambling. He saw one of the people “go down *** so [Williams] knew he got shot.” A white car then pulled up, and the two shooters got in the car. The car drove away. Williams said the driver of the car was the twin brother of the shooter nicknamed Twin.

Gilger was familiar with the twins. They were Jerrold and Derrold Davis. Gilger also knew Jerrold went by the nickname Twin. Gilger thought Derrold went by the nickname Twin Two or Twin Number Two.

Jerrold was arrested and placed in a lineup. Chris Jackson identified Jerrold as the one he saw shooting the .45-caliber handgun. However, Chris never said the shooters fled to a car, nor did Chris mention Derrold Davis.

In a second lineup, Williams also identified Jerrold as the shooter of the handgun.

While continuing his investigation, Gilger encountered a car full of Black P-Stone gang members. He saw the car and noticed that one of them, McKenzie Clark, matched the description of the offender with the shotgun. Clark said he had heard of the murder and accompanied Gilger back to the station.

After informing Clark of his Miranda rights, Gilger asked Clark about the murder. Clark said that the day after the murder, Jerrold admitted shooting at people on Laramie the previous night. Clark said Jerrold said he had a shotgun and that a man whose nickname was Bird was shooting a .45-caliber handgun. After taking a polygraph test, Clark told Gilger that Jerrold said it was a .45-caliber handgun, not a shotgun, that he had during the shooting. 1

Detective Lawrence Poli testified he first came into contact with Derrold on August 10, 1998, near the scene of an unrelated shooting. Poli took Derrold and several others to the police station for questioning in the unrelated shooting sometime between 2 and 4 a.m. Sometime between 4 and 5 a.m., Poli turned Derrold over to Gilger because Gilger told him Derrold was wanted in connection with the murder of Larion Jackson.

Later that day, at 9 p.m. on August 10, 1998, Gilger placed Derrold in a lineup. Williams viewed the lineup but did not make any identification. After Williams failed to identify Derrold in the lineup, Derrold was not released.

Detective Richard Maher testified that he and Detective Pallohusky spoke with Derrold on August 10, 1998, at 9:30 p.m. Prior to speaking with Derrold, Maher advised him of his Miranda rights. Derrold indicated he understood those rights.

When questioned about the shooting, Derrold denied involvement in the shooting although he said he had heard about it. He told the detective he knew Bird and that Bird’s real name was Reginald Wilberton.

Derrold also told the detectives he was with his brother, Jerrold Davis, at his uncle Solomon Davis’s home near 145th Street on July 7, 1998. Derrold was unable to provide a more specific address or a phone number. Maher tried to learn more about Solomon Davis but was unsuccessful.

Gilger spoke with Derrold on August 11 at about 6 p.m. During this interview, Derrold confessed to participating in the shooting.

At the conclusion of the hearing, the trial court ruled the police had probable cause to arrest Derrold. The trial court based its ruling on the statement that Williams made to the police regarding Derrold’s involvement, evidence that corroborated other portions of Williams’ statement, such as Chris Jackson’s identification of Jerrold Davis as one of the shooters, and Derrold’s familiarity with Bird.

VOLUNTARINESS HEARING

Derrold also filed a motion to suppress, contending his statements were not voluntary. At the hearing, Derrold offered no testimony or other evidence in support of his motion. The State presented the following evidence:

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People v. Davis, 779 N.E.2d 443, 335 Ill. App. 3d 1, 268 Ill. Dec. 829, 2002 Ill. App. LEXIS 1035 (Ill. Ct. App. 2002).

779 N.E.2d 443 (People v. Davis) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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