People v. Driskel

586 N.E.2d 580, 224 Ill. App. 3d 304, 166 Ill. Dec. 622, 1991 Ill. App. LEXIS 2209
CourtAppellate Court of Illinois
DecidedDecember 27, 1991
Docket1-88-2817
StatusPublished
Cited by15 cases

This text of 586 N.E.2d 580 (People v. Driskel) 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. Driskel, 586 N.E.2d 580, 224 Ill. App. 3d 304, 166 Ill. Dec. 622, 1991 Ill. App. LEXIS 2209 (Ill. Ct. App. 1991).

Opinion

PRESIDING JUSTICE CERDA

delivered the opinion of the court:

After a jury trial, defendant, Bobbie Driskel, was convicted of four counts of murder (Ill. Rev. Stat. 1985, ch. 38, par. 9—1), attempted murder (Ill. Rev. Stat. 1985, ch. 38, pars. 9—1, 8—4), aggravated battery (Ill. Rev. Stat. 1985, ch. 38, par. 12—4), armed robbery (Ill. Rev. Stat. 1985, ch. 38, par. 18—2), and residential burglary (Ill. Rev. Stat. 1985, ch. 38, par. 19—3). He was sentenced to natural life imprisonment for the four counts of murder, to an extended term of 60 years’ imprisonment for the attempted murder, 30 years’ imprisonment on each of the five counts of armed robbery, and 15 years’ imprisonment for the residential burglary. On appeal, defendant asserts that (1) the compulsion defense should apply to felony murder charges; (2) the 50 graphic photographs depicting the victims’ injuries served no evidentiary purpose and were offered only to inflame the passions of the jury; and (3) Illinois law does not mandate natural life in prison for a person convicted of multiple homicides on the accountability theory because that is a mitigating factor not considered by the statute.

Codefendants Bobbie Driskel and Lawrence Jackson were charged with four murders and numerous other crimes in a 60-count indictment. Driskel asked for and received a separate trial. At their separate trials, both men were convicted, but Jackson was sentenced to death while Driskel was given natural life imprisonment.

On the night of September 24, 1986, Driskel and Jackson went to the Henry Horner Homes at 1850 W. Washington Street, Apt. 210, which was the home of Vernita Winder, to get money for drugs. Also living at that address were six-year-old Urica Winder, four-year-old Dana Winder, one-year-old Shanita Winder, Mark Brown, who was Shanita’s father, and Shirley Martin, who was Vernita’s friend. Mark Brown, known as Tiny, was Driskel’s first cousin.

Detective Patrick Foley testified that he interviewed Driskel at the police station at 2 p.m. on September 25, 1986. At that time, Driskel denied any knowledge of the incident. Later that afternoon, Driskel stated that O.C. Roland drove him and Jackson to the Chicago Housing Authority (CHA) Henry Horner Homes. Earlier that evening, Driskel had smoked cocaine with Jackson, who decided that they would have to steal something to get more cocaine. Driskel suggested that they go to 1850 W. Washington Street because he knew the people who lived there.

Driskel stated that Jackson knocked on the door while Driskel stayed by the stairwell. Tiny let Jackson into the apartment. A short time later, Jackson called Driskel to the door. When Driskel looked into the apartment, he saw Tiny sitting on the couch with blood on him, Vernita lying on the floor with blood on her, and one of the little girls lying on the floor with blood on her. At that point, Jackson picked up the television and VCR, and both men went down to Roland’s car. After driving off, Jackson leaned over and whispered to Driskel, “Man, I had to do it.”

At 4:30 p.m. on September 25, 1986, Detective Foley again spoke with Driskel, who stated that he went into the apartment after Jackson. Standing in the hallway near the door, Driskel saw Jackson stab Tiny and Vernita in the front room, Shirley by the bedroom, and the children in the bedroom.

Driskel later gave another oral statement during which he stated that he grabbed Shirley when she came out of the bedroom. He held her arms and head while Jackson stabbed her. Jackson then went into the bedroom, where he stabbed the two girls. Jackson picked up the television, Driskel took the VCR, and they carried the proceeds downstairs.

At 10:30 p.m. on September 25, 1986, Driskel told Detective Foley that he knocked on the apartment door. When Vernita asked who it was, Driskel identified himself. Vernita opened the door, let the two men inside, and went toward the bedroom. After seeing Tiny sitting on the couch, Driskel went into the kitchen, got a knife, walked back to the couch, and stabbed Tiny once before the knife broke. Driskel put the broken handle in his pocket. Jackson then stabbed Tiny.

When Vernita came out of the bedroom, Driskel pushed her back into the bedroom and grabbed her, but was unable to hold her. Vernita ran out of the bedroom and into the kitchen, where Driskel chased her. Driskel got a knife from the kitchen and began stabbing Vernita, but that knife also broke. He then picked up scissors and began stabbing her with the scissors. Jackson also stabbed Vernita.

At that point, Driskel and Jackson went back to the bedroom, where Driskel grabbed Shirley. After she got away, Jackson grabbed her and stabbed her. Jackson then stabbed one of the little girls on the bed. As the other little girl ran toward the front door, Jackson grabbed her and stabbed her. As the two men were taking the television and VCR, the first little girl ran out of the bedroom. Jackson pushed her down and Driskel stabbed her with the scissors, which were broken in half. Driskel and Jackson then took the television and VCR and went downstairs.

Assistant State’s Attorney O’Donnell interviewed Driskel on September 25, 1986, at 9 p.m. At 10:15 p.m., Driskel gave a court-reported statement. The next morning, O’Donnell went over the 21-page statement with Driskel, who made and initialed several corrections, then signed the statement. O’Donnell testified that there was a discrepancy in Driskel’s oral and written statements. In his oral statement to O’Donnell, Driskel stated that he and Jackson were going to burglarize the apartment. If there were people at home, they planned to rob them. During the court-reported statement, however, Driskel stated that they were supposed to leave if anyone was at home.

O’Donnell read the statement to the jury. In that statement, Driskel related that at 11 p.m. on September 24, 1986, Roland drove him and Jackson to 1850 W. Washington Street in the Henry Horner Homes, where Driskel and Jackson planned to burglarize the apartment. If people were at home, they were supposed to leave. Roland knew nothing about the plan.

When Driskel and Jackson went to Tiny’s apartment, Driskel knocked on the door. Vernita answered the door and let the two men inside. Driskel asked to speak to Tiny, who was asleep. Then, Driskel asked to use the bathroom. After coming out of the bathroom, Driskel went to the front room, where Tiny was lying on the couch. At that time, Jackson had an 18-inch butcher knife in his pants, but Driskel had no weapon. Driskel went into the kitchen, got a knife out of a drawer, and tried to stab Tiny, but the knife broke. Jackson then tried to stab Tiny, but Tiny began kicking him.

At that point, Vernita came out of the bedroom. Driskel pushed her back into the bedroom and told her to be quiet. When Jackson came into the bedroom, Vernita ran out and Driskel chased her. As she tried going out a window, Driskel grabbed her and tried to stab her, but that knife also broke, so he stabbed her with scissors more than once. Jackson then came in and stabbed Vernita.

Driskel then went to Shirley and held her in a headlock. She got away, but Jackson grabbed her and stabbed her. Later, Jackson stabbed one of the little girls on the bed and the other little girl ran and hid in the closet.

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Cite This Page — Counsel Stack

Bluebook (online)
586 N.E.2d 580, 224 Ill. App. 3d 304, 166 Ill. Dec. 622, 1991 Ill. App. LEXIS 2209, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-driskel-illappct-1991.