People v. Doyle

599 N.E.2d 1045, 233 Ill. App. 3d 706, 175 Ill. Dec. 31, 1992 Ill. App. LEXIS 1153
CourtAppellate Court of Illinois
DecidedJuly 17, 1992
DocketNo. 1—90—1234
StatusPublished
Cited by3 cases

This text of 599 N.E.2d 1045 (People v. Doyle) 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. Doyle, 599 N.E.2d 1045, 233 Ill. App. 3d 706, 175 Ill. Dec. 31, 1992 Ill. App. LEXIS 1153 (Ill. Ct. App. 1992).

Opinion

JUSTICE MURRAY

delivered the opinion of the court:

Defendant, Patrick Doyle (Doyle), was charged by indictment with aggravated arson, arson, conspiracy to commit aggravated arson and conspiracy to commit arson. After a bench trial, defendant was found guilty on all four counts. The court entered judgment against defendant only on the aggravated arson and arson counts. Defendant was sentenced to serve six years in the Illinois Department of Corrections.

Dorothy Stirgus moved into a home at 7924 South Fairfield in Chicago on February 7, 1987. On February 17, 1987, Ms. Stirgus was in her bedroom watching television. At approximately 10 p.m., she heard a loud crashing sound. Ms. Stirgus jumped out of bed, ran to her bedroom door and opened the door. The kitchen and hallway leading up to the bedroom were engulfed in flames.

The indictment charged that on February 17, 1987, John Benoit (Benoit), John Waitman (Waitman), William English (English) and Doyle committed the offenses of aggravated arson, arson, conspiracy to commit aggravated arson and conspiracy to commit arson at 7924 South Fairfield in Chicago. The address was the residence of Dorothy Stirgus. There was a joint and simultaneous trial where Benoit had a jury trial and Waitman and Doyle had separated bench trials. Doyle is the only defendant involved in this appeal.

Prior to trial Doyle filed various motions to suppress. Separated hearings were held on such motions. The trial court denied the motions to suppress.

On appeal defendant argues: (1) The trial judge erred in denying the defendant’s motion to quash his arrest and suppress evidence; and (2) the inculpatory statements made to the police at the police station were the direct result of the illegal arrest and must also be suppressed. Alternatively, the State maintains: (1) The police had probable cause to arrest the defendant; and (2) assuming arguendo the arrest was illegal, the defendant’s statement to police at the station should not be suppressed since the statement was attenuated from the allegedly illegal arrest.

For the following reasons we affirm the decision of the trial court.

On February 20, 1987, Detective Leonard Rolston of the bomb and arson section of the Chicago police department was working on an arson case involving 7924 South Fairfield. English had been arrested on an unrelated offense and the arresting officer in that case indicated that English had pertinent information as to who committed the fire bombing at 7924 South Fairfield. Rolston talked to English in a lockup section of a police station. English initially told Rolston that he heard that Angelo Torres and Frank Manzo had perpetrated the fire bombing. On February 19, 1987, Sergeant Lowe and Detective Wesley Blaau of the human relations division picked up Frank Manzo for interrogation by the bomb and arson investigators. Lowe did not observe the interrogation. However, Lowe made a report which indicated that some investigator informed him that English exonerated Manzo.

On February 19 or 20, Rolston arranged to have English transferred from the Cook County jail to 11th and State. English talked about what occurred on February 17, 1987. In the initial conversation, English told Rolston that he had been in the area of the fire bombing, but that he had no friends there. In the subsequent version, English stated that he was with friends that night in the area of the fire bombing on 79th Street. English gave two versions before he implicated Benoit and Waitman in this case. Rolston stated that English had told another detective that Waitman and the defendant could verify his whereabouts. Rolston stated that English never made a statement which implicated himself and in fact was a confession to his part in the fire bombing. Rolston mentioned that certain physical evidence recovered from the scene corroborated English’s statement. Rolston stated that English told him that these youths were making a fire bomb out of RC bottles. English told Rolston that they purchased gasoline and poured it into RC bottles.

Sergeant James Sandow of the bomb and arson section of the Chicago police department testified that he was involved in the investigation of the fire bombing that occurred at 7924 South Fair-field. Sandow stated that he learned from Rolston that English was the primary suspect in this case. Sandow stated that English had taken and failed a polygraph exam, and that he was then questioned by Rolston and gave various stories of his involvement. Sandow mentioned that it was difficult to ascertain from English what was the truth because he had mentioned several stories. Eventually, English had indicated that Benoit and Waitman were cohorts who committed this particular fire bombing. English also mentioned that the defendant had driven the other three to a location distant from the actual scene of the occurrence, defendant was told to wait there until they returned, and when they returned, defendant drove them to wherever they lived.

On February 20, 1987, at about 2 a.m. Sergeants Sandow, Sykes and Lowe as well as Detectives Gardner, O’Meara and Blaau arrived at the defendant’s house, which is located at 4232 West 81st Street in Chicago. Sandow testified that the reason that six officers went to the Doyle residence was that, due to the nature of this particular incident, the investigation was a joint effort between the bomb and arson unit and the human resource department. He stated it is police routine to have two detectives present. He further testified that Sergeant Sykes had been in the unit for not even a month and Sandow was training him, not because Sykes didn’t have police experience, but rather that Sykes was totally unaware of an arson investigation. The police had no warrants. Sandow stated that the only information that he had with respect to the defendant was that he may have been unwittingly used by the other defendants to drive them to the site of the particular incident. Sandow stated that the defendant was not a target. Sandow went to the defendant’s house primarily to question him to determine whether he would be any type of beneficial witness against the individuals involved in the fire bombing.

Sandow, Sykes and Lowe rang the doorbell and knocked on the door. The defendant’s sister opened the door. Sandow identified himself and the other two sergeants by showing his star and identification. Defendant’s sister invited the officers in and told them to have a seat. The other three police officers waited outside. The defendant’s sister went upstairs to get her father, William Doyle. William Doyle identified himself as a retired Chicago police officer. Sandow talked to the defendant’s father for about 10 minutes. The father asked his daughter to go in the basement and wake up the defendant. Thereafter, the defendant came upstairs. Sandow stated that the father spoke to the defendant first. Sandow stated that the father explained to the defendant that the police officers were at the house on a serious matter involving a fire bombing, and that he (defendant) was to tell the police the truth and tell the police everything he knew about this incident. Sykes testified that the father was the first person to tell the defendant to tell the truth and what he knew about the incident.

After the father talked to the defendant, Sandow asked to speak to the defendant and the defendant agreed to speak to him.

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Cite This Page — Counsel Stack

Bluebook (online)
599 N.E.2d 1045, 233 Ill. App. 3d 706, 175 Ill. Dec. 31, 1992 Ill. App. LEXIS 1153, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-doyle-illappct-1992.