People v. Eason

760 N.E.2d 519, 326 Ill. App. 3d 197, 260 Ill. Dec. 102, 2001 Ill. App. LEXIS 852
CourtAppellate Court of Illinois
DecidedNovember 13, 2001
Docket1-99-4176
StatusPublished
Cited by20 cases

This text of 760 N.E.2d 519 (People v. Eason) 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. Eason, 760 N.E.2d 519, 326 Ill. App. 3d 197, 260 Ill. Dec. 102, 2001 Ill. App. LEXIS 852 (Ill. Ct. App. 2001).

Opinion

JUSTICE COUSINS

delivered the opinion of the court:

Defendant-appellant, Fabian Eason, was convicted of first degree murder for the shooting death of Lakesha Walker. He was sentenced to 45 years’ imprisonment. The issues upon appeal are: (1) whether the court properly denied defendant’s request for a second degree murder instruction; and (2) whether the court properly denied defendant’s request for an involuntary manslaughter instruction.

BACKGROUND

Before the jury was selected for defendant’s trial, the State moved to nol-pros counts III, IV¡ and V against defendant. The State proceeded on the first degree charges provided in counts I and II only.

At trial, the State published defendant’s written statement, which was taken on September 5, 1998. Defendant’s mother was present while defendant’s written statement was taken. That written statement provided the following account of events. On the morning of September 4, 1998, defendant went to Lincoln Park High School, where he was a sophomore. He was wearing a red-and-blue striped shirt and black pants. He brought an automatic handgun with him to school. The gun was black and contained seven rounds. The gun had been hidden outside his house.

When defendant left school that day, he was with Michael Jones, Aaron Prefix, Grayland Holmes, and Sedrick Pace. Defendant is a member of the P-Stones gang. As defendant and his friends walked on the east side of Larrabee, a group of Gangster Disciple gang members (G.D.s) were walking on the west side of the street. Defendant saw approximately nine G.D.s and five girls walking behind them. The G.D.s were “flashing their gang signs” and yelling “Stone killer,” which is a term of disrespect to defendant’s gang. Defendant did not see any guns, knives, or any other weapons with any of the G.D.s or the girls. The G.D.s were “throwing up the ‘forks’ ” and “throwing down” defendant’s gang sign.

Defendant’s statement to police further provided:

“Fabian states when they reached Blackhawk, he started to walk east. Fabian states he then turned around and ran back to the corner. Fabian states he then pulled out the gun. Fabian states he pointed the gun at the group and then fired seven (7) shots. Fabian states when he started firing, the group started running. Fabian states after he fired the gun, he put it back into his pocket and ran.”

Defendant ran to his apartment, changed his clothes, and left the apartment. He left the clothes that he wore to school on the floor in his room. He put the gun in his right pocket.

Outside, someone told defendant that the police were looking for him. He went to the Laundromat for about five minutes. Defendant then saw his mother and police officers standing outside. Defendant went to “Sunshine’s” house. While at Sunshine’s house, defendant spoke to Dennis Booth on the telephone. Booth picked up defendant on Hudson Street and drove him to Clybourn and Diversey. Defendant threw the gun into the river.

At trial, Theresa Simmons testified that she and Lakesha Walker, the victim, were walking north on Larrabee Street with a group that included five or six boys and three girls. She saw defendant walking in the same direction on the opposite side of the street with a group that included four boys. Theresa testified that the two groups were walking from school on opposite sides of the street for 20 to 25 minutes before the shooting occurred. She noted that the boys walking with her were “throwing up” gang signs and demonstrating their gang affiliation. She could see defendant in the other group across the street “until he cut, like out up between Orchard and then cut back through the alley.” When he reappeared, Theresa saw defendant pull out a gun. When defendant pulled the gun out, the rest of his group “sort of walked off’ except for the “dark skinned boy.” She and the victim began running. Theresa heard six or seven shots fired.

On cross-examination, Theresa stated that the five or six boys that she was walking with starting making comments to the boys across the street “saying they should beat them punk niggers.” She stated that the boys with her were not making hand gestures or “throwing up the gang sign, nothing like that. They was just talking.” Contrary to her direct examination testimony, Simmons testified that neither group of boys represented their gangs or used gang words.

Tasha Simmons testified that on September 4, 1998, at about 3:15 p.m., she and a friend were walking north on the. west side of Larrabee near Near North High School. The west side of Larrabee is G.D. territory. As they walked, four boys and seven girls, including the victim, were walking toward them. The victim is Tasha Simmons’ cousin. Tasha came within 12 to 15 feet of the group walking toward her. Defendant was on the other side of Larrabee, standing on the corner across the street. Tasha saw him “throwing down the fork.” The “fork” is the G.D.s gang sign and “throwing it down” means “G.D. killer.” After defendant threw down the fork two or three times, he pulled out a black gun from his right side and pointed it toward the group that the victim was walking in. Tasha did not see anyone else with a gun. The groups started running. Tasha saw somebody fall as she ran. She saw the victim’s group for four or five minutes before she heard shots fired. During this time, she never heard the G.D.s say anything to the people across the street.

Sedrick Pace testified that on September 4, 1998, at about 3:15 p.m., he was walking home from school with three classmates, including defendant. They were walking on Orchard toward Larrabee. He saw about nine people across the street. Once Pace and his friends reached the corner of Blackhawk and Larrabee, defendant went into the street about 8 to 10 feet. Pace then saw defendant argue for a while and then he “[djropped the fork.” The boys on the other side started to walk over, but they never walked into the street. Defendant pulled out a black gun from his right pocket and fired six or seven times. The people on the other side of the street scattered. Sedrick did not see a weapon in anyone else’s hands. On cross-examination, Pace testified that the other group “threw down a five,” which meant disrespect to defendant’s gang. He also heard someone say to defendant and his friends, “We are going to beat your ass.” Pace heard one of the girls with the G.D.s across the street say, “[I]t is only a couple of them, why don’t y’all go over there and beat them up?”

Detective Brian Killacky testified that on September 4, 1998, at approximately 3:50 p.m., he received a call indicating that a girl had been shot on the property of Near North High School. Killacky proceeded to the hospital and spoke to the physician attending to the victim. The doctor informed the detective that the victim died from the gunshot wound. Killacky then went to the intersection of Black-hawk and Larrabee. At the scene, he observed six bullet casings lying on the ground, which indicated to him that six shots had been fired from a semi-automatic gun. At the station, Killacky interviewed several witnesses to the shooting. Theresa Simmons was interviewed and she identified defendant as the shooter.

Melissa Rapoza testified that she was traveling westbound on Blackhawk at about 3:30 p.m. on September 4, 1998.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

People v. Axtell
2021 IL App (2d) 190511-U (Appellate Court of Illinois, 2021)
People v. Acevedo
2021 IL App (2d) 190575-U (Appellate Court of Illinois, 2021)
People v. Martinez
2021 IL App (1st) 190408-U (Appellate Court of Illinois, 2021)
People v. Jemison
2021 IL App (1st) 171801-U (Appellate Court of Illinois, 2021)
People v. Blanch
2020 IL App (1st) 170319-U (Appellate Court of Illinois, 2020)
People v. Johnson
2018 IL App (1st) 140725 (Appellate Court of Illinois, 2018)
People v. Richardson
Appellate Court of Illinois, 2010
People v. Sipp
Appellate Court of Illinois, 2008
People v. Jackson
874 N.E.2d 123 (Appellate Court of Illinois, 2007)
People v. Jones
862 N.E.2d 1159 (Appellate Court of Illinois, 2007)
People v. Woodard
854 N.E.2d 674 (Appellate Court of Illinois, 2006)
People v. Rodriguez
782 N.E.2d 718 (Appellate Court of Illinois, 2002)

Cite This Page — Counsel Stack

Bluebook (online)
760 N.E.2d 519, 326 Ill. App. 3d 197, 260 Ill. Dec. 102, 2001 Ill. App. LEXIS 852, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-eason-illappct-2001.