People v. Doran

628 N.E.2d 260, 256 Ill. App. 3d 131, 194 Ill. Dec. 763, 1993 Ill. App. LEXIS 1658
CourtAppellate Court of Illinois
DecidedNovember 8, 1993
Docket1-92-3964
StatusPublished
Cited by19 cases

This text of 628 N.E.2d 260 (People v. Doran) 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. Doran, 628 N.E.2d 260, 256 Ill. App. 3d 131, 194 Ill. Dec. 763, 1993 Ill. App. LEXIS 1658 (Ill. Ct. App. 1993).

Opinion

JUSTICE CAMPBELL

delivered the opinion of the court:

Following a jury trial in the circuit court of Cook County, defendant John Doran was found guilty of one count of aggravated battery. Defendant was sentenced to three years’ imprisonment and now appeals.

The record on appeal indicates the following facts. Mohammed Afshar testified that on May 13,1990, he wás employed as a doorman for the Hollywood Towers at 5701 North Sheridan Road in Chicago, Illinois. Afshar testified that his job entailed releasing locked doors to admit known tenants by pressing a buzzer behind his desk. This desk was located in a lobby that connected the ground floors of the two towers. Afshar would also "buzz” tenants to obtain permission for guests to enter the building.

Afshar testified that he began his shift at 8 a.m. on May 13, 1990. According to Afshar, defendant entered the lobby from the north tower at approximately 9:10 a.m. on the date at issue. Afshar had seen defendant many times before. Defendant appeared to be angry and spit on the floor as he approached the doorman’s desk. Afshar testified that defendant called him a "motherfucker,” "son of a bitch” and a "Puerto Rican Mexican asshole.” Defendant accused Afshar of "buzzing” his apartment, which Afshar denied.

Afshar testified that defendant grabbed him by the shirt and punched him in the face several times. Afshar jumped back, then removed a nightstick from a drawer of his desk. Afshar testified that defendant took the nightstick from him and beat him about the face, neck and shoulder. Afshar ran from the building and shouted for help. Afshar testified that defendant chased him and was holding the nightstick in his hand. Afshar ran down a ramp leading into the building’s parking garage, but the garage was shut. Afshar testified that defendant caught up with him and beat him with the nightstick, striking his face, neck, shoulders and body. Afshar was struck in the bridge area of his forehead, which began to bleed. At this point, Afshar indicated that he could not escape. Afshar fell down and went into "a locked position” with his hands on his head. Afshar testified that defendant kicked him in the ribs and head; Afshar lost consciousness.

On cross-examination, Afshar testified that he filed a civil suit against defendant arising out of this incident.

Irene Balsavias testified that she lived at 5701 North Sheridan Road. Balsavias testified that on the morning in question, she was sitting near the front door in the lobby of the building, waiting for a friend to arrive. A man ran into the lobby from the north tower. Balsavias identified this man as defendant. According to Balsavias, "[h]e was swearing and madder than heck.” Defendant went directly to the desk and was yelling at Afshar, accusing him of ringing his doorbell. Afshar denied the accusation. Balsavias was seated such that she was facing the desk and could see defendant from the back. Defendant grabbed Afshar by the shirt and punched him in the face. Afshar pulled away and took the nightstick out of the desk drawer. Afshar ran out of the building; defendant chased him. Balsavias indicated that a few minutes later, defendant reentered the lobby with the nightstick in his hand. Balsavias testified that defendant put the nightstick back in the desk drawer and went back upstairs.

On cross-examination, Balsavias testified that she saw defendant take the nightstick from Afshar. Balsavias admitted that she did not see defendant hit Afshar with the nightstick in the lobby. Balsavias also testified that she did not see what happened outside the building.

Alonzo Coates testified that on the date in question, he was selling newspapers at the intersection of Sheridan and Hollywood when he saw defendant chasing Afshar out of the building. Coates testified that he did not see a nightstick in either of the men’s hands. Coates saw defendant corner Afshar on the parking ramp. According to Coates, defendant hit Afshar in the chest, then hit him with a "combination,” which Coates defined as "a left and a right.” Afshar fell face first to the concrete pavement. Coates then watched defendant return to the building. Coates testified that he did not see defendant strike Afshar with a nightstick.

Coates testified that he rang the bell at the parking garage. A young woman emerged from the garage. After Coates informed her of what had happened, the woman went to call an ambulance while Coates and his assistant stayed with Afshar to ensure that he stayed awake. Coates returned to selling newspapers after the ambulance arrived. The police also arrived on the scene, but Coates did not speak to them. Coates testified that defendant telephoned him approximately one month after the incident and spoke with him about the case three times before trial. Coates never spoke with members of the Chicago police department.

Defendant testified that on May 13, 1990, he was sleeping in his apartment when he was "buzzed” at approximately 1:30, 3:30 and 8:30 a.m. Defendant received no response when he answered these buzzers. After the third time, defendant showered and went down to the lobby. Defendant asked Afshar why Afshar was ringing his doorbell; Afshar denied having done so. Defendant testified that he called Afshar a "lying piece of shit and a fat motherfucker,” but denied using racial epithets.

According to defendant, Afshar then pulled out the nightstick, raised it above his head and told defendant "Go to your room.” Defendant told Afshar that he was going to call the police and have Afshar arrested for assault, whereupon Afshar struck him in the lower lip with the nightstick. Defendant testified that Afshar then came from behind the desk and continued to hit him with the nightstick. Defendant testified that he knocked the club out of Afshar’s hand; the stick went flying across the lobby. Defendant then chased Afshar out of the building and down the parking ramp. Defendant indicated that Afshar hit him in the chest. Defendant then punched Afshar in the face with a combination that caused Afshar to fall forward to the ground.

Defendant testified that he returned to the lobby, picked up the nightstick and went back to his apartment. Defendant told his girl friend, Lisa Billings, to call the police. Defendant testified that he changed clothes and returned to the lobby, where the police had already arrived. Defendant stated that he gave the nightstick to one of the police officers, stating that Afshar had beat him with it.

Defendant estimated that Afshar was 5 feet 5 inches tall and weighed 220 pounds. Defendant testified that he was 6 feet tall, weighed 195 pounds and lifted weights three times a week.

After being processed at the police station, defendant went to Edgewater Hospital, Where X rays were taken. Defendant testified that he was treated for severe pains and bruises; defendant introduced photographs of his injuries. He also testified that he was later given "heat treatments” for his lower back.

The parties stipulated that defendant was diagnosed with multiple contusions at Edgewater Hospital and with a lacerated lip, contusions of the right hand and ankle and a sprain of the first sacroiliac.

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Cite This Page — Counsel Stack

Bluebook (online)
628 N.E.2d 260, 256 Ill. App. 3d 131, 194 Ill. Dec. 763, 1993 Ill. App. LEXIS 1658, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-doran-illappct-1993.