People v. Dillon

327 N.E.2d 225, 28 Ill. App. 3d 11, 1975 Ill. App. LEXIS 2185
CourtAppellate Court of Illinois
DecidedApril 15, 1975
Docket56212
StatusPublished
Cited by29 cases

This text of 327 N.E.2d 225 (People v. Dillon) 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. Dillon, 327 N.E.2d 225, 28 Ill. App. 3d 11, 1975 Ill. App. LEXIS 2185 (Ill. Ct. App. 1975).

Opinion

Mr. JUSTICE HAYES

delivered the opinion of the court:

Defendants Jerry F. Dillon and Robert James were indicted with Louella Kentris and Daniel Williams for the murder of Vernon Davis. (Ill. Rev. Stat. 1971, ch. 38, par. 9 — 1.) After Kentris and Williams were granted severances, Dillon and James, in a bench trial, were found guilty of the lesser included offense of voluntary manslaughter and each was sentenced to the penitentiary for a term of 1 to 20 years. Ill. Rev. Stat. 1971, ch. 38, par. 9 — 2.

Defendants present the following issues for review: (1) whether there was any causal connection between their acts and Davis’ death; (2) whether they were proven guilty beyond a reasonable doubt; and (3) whether the evidence presented allowed a finding of the lesser included offense of voluntary manslaughter.

Owing to the conflicting and confusing testimony presented at trial, it is difficult to determine exactly what happened in this incident. However, some facts are not in dispute. It appears a party was in progress on 2 May 1970 in the second floor apartment of Louella Kentris. Among those she was entertaining were the decedent (Vernon Davis), defendants, and Daniel Williams. It is evident that there was heavy drinking engaged in by all and that the party continued all day, that night, and into the next day. At some time between 11 P.M. and midnight on 2 May 1970, an altercation occurred between defendants and the deceased. As a result of the altercation, Davis received severe blows to the head, was rendered unconscious, and was then placed on a couch. At some time after 2 A.M. on 3 May 1970, Davis either left the apartment by himself, or his unconscious body was removed by Dillon and Kentris. At 4:20 P.M. on 4 May 1970, the dead body of Vernon Davis was discovered in a ground floor hallway below the apartment of Louella Kentris. According to the coroner, Davis could have been dead anywhere from 12 to 24 hours. Aside from those meager facts, the testimony adduced at trial was confused and inconsistent.

James Ashmon, a witness for the State, testified that when he arrived at Louella Kentris’ apartment at approximately 9 P.M. on 2 May 1970, everyone present was drinking. Around 11 P.M. while he was in the washroom, he heard strange noises coming from the living room. When he came out, he observed Dillon and James standing over Davis and hitting him with their fists. He saw Dillon and James strike Davis three or four times before he interceded to stop the fight and then helped place Davis on a couch. He testified that, although blood was coming from Davis’ mouth, and although he looked "pretty bad,” he did not look as bad as he did when he was found almost 2 days later. Ashmon also testified that on the day following the altercation, he met James who stated: “I think we killed him.”

On cross-examination, Ashmon admitted that Williams was also standing over Davis when Ashmon came out of the washroom, but he testified that he did not see Williams strike Davis. He had been a friend of Williams for 10 years. However, upon further questioning, Ashmon admitted that on three prior occasions he had stated that Williams did strike Davis that evening: in a statement which Ashmon had given to the police, in testifying before the grand jury, and in recounting a confrontation between Williams and himself on the day following the incident. Although he admitted making all three statements, he claimed he had been mistaken at the time he made them. The witness- also testified that earlier on the day of May 2, he observed Williams threaten Davis with a knife. However, Ashmon could offer no explanation for that incident other than that Williams becomes “mean” when drinking.

Daniel Williams, a severed co-indictee, testified for the State. He arrived at Louella Kentris’ apartment at 8:40 P.M. on May 2, 1970, and saw Ashmon arrive around 10:30 P.M. At approximately 11 P.M. an argument erupted between Davis and James. James struck Davis with his fists on the right temple approximately four or five times. At this point, Dillon also joined in the attack on Davis hitting Davis with his fists. As Dillon continued to strike Davis on his face with his fists for 2 or 3 minutes, James struck Davis on the head with a metal stove pipe approximately 3 to 4 inches in diameter. During the fight, Davis never struck anyone with his fists nor did he draw a knife. Dillon and James then moved Davis, bleeding from the head, mouth and eyes, to the couch. At this point, Davis was breathing very heavily and making rasping sounds. At sometime between 11:20 and 11:30 P.M., two Chicago police officers arrived to investigate a disturbance. During the minute or two that the officers were in the apartment, they walked over to Davis, still on the couch, shined a flashlight on his face, and inquired as to his condition. They were told it was caused by a fight and too much to drink. The officers suggested that Davis be taken to the hospital and left. Thereafter, Dillon warned all those present not to get upset or say anything about what had happened. Sometime after the police left but before midnight, Dillon and Louella Kentris dragged Davis’ still-living body from the apartment and placed it downstairs. 1 Later, at approximately 11:50 P.M., Dillon, James, Kentris, and Williams left to purchase some liquor. Although he did not actually see Davis’ body when he left for the liquor store, Williams stated that it was still there in the hallway. 2 Finally, Williams testified that Davis was in the same condition when he was taken from the apartment as he was when his dead body was discovered almost 2 days later.

On cross-examination, Williams stated that he never struck Davis, and that he had not threatened Davis with a knife earlier on May 2, 1970. However, Williams admitted that after the fight, Ashmon was spreading the rumor that he had killed Davis and that these accusations resulted in a fight between Williams and Ashmon in which Ashmon broke Williams’ jaw. Williams also stated that, when Davis’ body was taken from the apartment, Davis had on his pants and shirt. The witness also stated that, although Davis did have a knife on him that night, he never used it during the fight. Finally, Williams admitted that the State had agreed to drop all charges against him in exchange for his testimony against Dillon and James.

Leo Kerkstra, a Chicago police officer, testified for the State. At 4:20 P.M. on May 4, 1970, he was directed to the ground floor hallway of Louella Kentris’ apartment where he found Vernon Davis’ body. Davis’ trousers were down close to his ankles and the top clothing was pulled upwards. Although the hallway was poorly lit, there was sufficient light to see what he was doing. Other than on the deceased, there was no blood in the hallway.

Dr. Jerry Kearns, a pathologist for Cook County, also testified for the State. He testified that the deceased suffered extensive brain lacerations which were caused by external violence applied to the head, lower lip, forehead, and brain. The cause of death was violence to the head, traumatic cerebral lacerations. In his opinion, this condition was brought about by blows with fists since his examination revealed no abrasive marks commonly left by clubs or knives and specifically no marks indicative of a blow with a metal pipe. Dr. Kearns testified that, although the injuries were fatal, they would not cause instant death.

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Bluebook (online)
327 N.E.2d 225, 28 Ill. App. 3d 11, 1975 Ill. App. LEXIS 2185, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-dillon-illappct-1975.