People v. Ervin

589 N.E.2d 957, 226 Ill. App. 3d 833, 168 Ill. Dec. 557, 1992 Ill. App. LEXIS 404
CourtAppellate Court of Illinois
DecidedMarch 19, 1992
Docket4-91-0531
StatusPublished
Cited by9 cases

This text of 589 N.E.2d 957 (People v. Ervin) 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. Ervin, 589 N.E.2d 957, 226 Ill. App. 3d 833, 168 Ill. Dec. 557, 1992 Ill. App. LEXIS 404 (Ill. Ct. App. 1992).

Opinion

JUSTICE LUND

delivered the opinion of the court:

Defendant Rodney Ervin was charged by information with first-degree murder (Ill. Rev. Stat. 1989, ch. 38, pars. 9—1(a)(1), (a)(2), (a)(3)). Following a jury trial, he was convicted and sentenced to 25 years’ imprisonment. He now appeals, contending that (1) the trial court erred in admitting certain hearsay statements of two of his co-defendants into evidence; and (2) the prosecutor committed reversible error in making certain statements to the jury in his closing argument.

Defendant was charged with the murder of Charles George (George), along with codefendants Jimmy Brooks (Brooks), Anthony Ervin (Anthony) and Shirley Ervin (Shirley). Anthony is defendant’s brother and Shirley is his wife. It was alleged that defendant, Brooks, and Anthony concocted a plan to steal drugs from George, who was a drug dealer. It was also alleged that although the defendant (who knew George) was not personally present when George was stabbed by Brooks and/or Anthony in the robbery attempt, he was legally accountable for their conduct. Shirley drove the getaway car. All this occurred during the early morning hours of January 3,1991.

Brooks and Anthony were tried together first. While their jury was deliberating, they entered into a negotiated plea agreement with the State, whereby they pleaded guilty to killing George while attempting to rob him. Brooks was sentenced to 25 years’ imprisonment, while Anthony was sentenced to 20 years’ imprisonment.

During the State’s case, Elizabeth Hodges (Hodges) testified that she and her children were living "with George. Shortly after midnight on January 3, 1991, defendant came to the door of her home and she let him in. Defendant asked George to sell him some cocaine, to which George replied that it had been a long day and he was getting ready to go to bed. Defendant then asked George if he wanted to attend a party in the neighborhood and gestured toward Union Street. Defendant was jittery while he was in the house; he was speaking rapidly and glancing around the room as he spoke. George declined to go to the party, defendant left, and George locked the door. About 20 minutes later, two black males Hodges had never seen before knocked on the door. She later identified them from photographs as Brooks and Anthony. They were permitted to enter. When George asked how he could help them, Brooks said, “We have been sent here to take your drugs.” Defense counsel’s objection to this statement was overruled. Hodges then testified that Brooks hit George with a wooden stick which broke in two pieces. George had pulled a knife, which he dropped as he fell to the floor. He then went into the dining room, followed by Brooks. Anthony then grabbed Hodges’ hair and asked her where the drugs were. Defense counsel’s objection to this statement was also overruled. Hodges pointed out the drugs to Anthony. He let Hodges go and went into the dining room, where George was swinging a machete at Brooks. George fell to the floor, and Brooks straddled him and began stabbing him in the back with a knife. Hodges observed Anthony making stabbing motions at George’s side. Both men then ran out the door. Hodges identified a bag of marijuana as belonging to George.

On cross-examination, Hodges testified that George locked the door when defendant left, but she later went out to the car to get the keys and left the door unlocked when she returned to the house. Defense counsel questioned her about three previous statements she had given to the police. In one statement she said that Brooks stated he and Anthony had been sent to the George house by a friend. In the other statement she said Brooks simply announced that he and Anthony had been sent there. In yet another statement, Hodges told the officer Brooks said, “We have been sent.” She further testified that she could not be certain the bag of marijuana was the same one George had. She also testified a juvenile proceeding had been filed against her because of her involvement in the incident, that she had already lost custody of her daughter, and that she expected to lose custody of her son. She also hoped she might regain custody through her cooperation with the State in testifying against defendant.

Officer John Beggs testified that he searched defendant’s car and found a jacket with bloodstains on it. A baggie containing marijuana was found in the coat pocket, and there were fresh bloodstains in the backseat area of the car. He also found a toilet plunger with no handle. The officer demonstrated for the jury how one of the pieces of the stick used to hit George fit into the toilet plunger head.

Shirley testified that on the night of January 2, 1991, she and defendant were expecting a visit from Anthony, his wife and children, and Brooks, who were driving to Decatur from their homes in Cook County. Shortly after their arrival, defendant, Anthony, and Brooks left the house. They took defendant’s car and were gone about 45 minutes to an hour. She did not know where they had gone. After they returned, everyone sat in the dining room. Brooks and Anthony asked about quick ways to make money in Decatur. Defendant, Brooks, and Anthony then went into the kitchen for about 20 to 30 minutes, where defendant cut Anthony’s hair. Shirley was in the living room at that time and could not hear any of their conversation. The three men then went into the bathroom, closed the door, and stayed there about 5 to 10 minutes. Again, she could not hear any of their conversation. When the men emerged from the bathroom, they went back into the kitchen, where they stayed about 30 minutes. While they were in the kitchen, she heard a voice ask, “Who is going to drive?” She did not know who asked this question. She then heard defendant say, “Shirley’s going to drive.”

Defendant approached Shirley in the living room and asked her to drive him to an undisclosed destination. Shirley, defendant, Brooks, and Anthony all got into the car. The defendant told Shirley where to drive and to park the car on Union Street about half a block from George’s house. She could not see his house from the car. She indicated she knew who George was and that defendant had previously purchased cocaine from him. While she was driving, the three men were huddled and talking among themselves. She heard the word “robbery,” and defendant said, “I know a guy.” Defendant then told Brooks and Anthony that he would go to the house “first” and they were to stay in the car until he returned.

Over defense counsel’s objection, Shirley testified as to conversation between Brooks and Anthony outside defendant’s presence. She testified that Anthony told Brooks he was going to go to a house and cut a phone wire and Brooks told him not to. The two men then said to each other, “How are we going to do this?” When defendant returned to the car approximately 5 to 10 minutes later, he told Brooks and Anthony, “Old boy's sitting in the house watching TV, and that I left the front door unlocked for you two.” Brooks and Anthony left the car. Defendant told them to tell “the guy” that Eddie (George’s brother) sent them. Brooks and Anthony were gone about five minutes. Shirley wanted to leave before they returned, but defendant prevented her from doing so.

When Brooks and Anthony returned to the car, they both said they had been cut. They both sat in the backseat behind defendant and Shirley.

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Cite This Page — Counsel Stack

Bluebook (online)
589 N.E.2d 957, 226 Ill. App. 3d 833, 168 Ill. Dec. 557, 1992 Ill. App. LEXIS 404, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-ervin-illappct-1992.