People v. Evans

869 N.E.2d 920, 373 Ill. App. 3d 948, 311 Ill. Dec. 907, 2007 Ill. App. LEXIS 555
CourtAppellate Court of Illinois
DecidedMay 24, 2007
Docket1-05-2636 Rel
StatusPublished
Cited by95 cases

This text of 869 N.E.2d 920 (People v. Evans) 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. Evans, 869 N.E.2d 920, 373 Ill. App. 3d 948, 311 Ill. Dec. 907, 2007 Ill. App. LEXIS 555 (Ill. Ct. App. 2007).

Opinion

JUSTICE CAMPBELL

delivered the opinion of the court:

Following a jury trial, defendant, Jermaine Evans, was found guilty of first degree murder and sentenced to a total of 100 years’ imprisonment, receiving 55 years’ imprisonment for the murder, enhanced by a consecutive sentence of 45 years for personally discharging a firearm proximately causing the death of Larry Simmons. On appeal, defendant contends that: (1) the prosecutor improperly cross-examined defense witness Calvin Williams; (2) the trial court improperly allowed admission of other crimes evidence and evidence of the details surrounding recovery of the murder weapon; (3) the prosecutor improperly elicited testimony from defendant regarding the testimony of other witnesses who testified against him; (4) the trial court improperly precluded defense witness testimony; and (5) his sentence is excessive. For the following reasons, we affirm defendant’s conviction and sentence.

BACKGROUND

On April 11, 2002, Larry Simmons, age 17, was killed at the intersection of 68th Street and Normal Street in Chicago’s south side, as the culmination of a series of arguments that occurred between the “68th Street Group” and the “69th Street Group.” 1 The relevant members of each group are as follows: The 68th Street Group includes defendant (a/k/a “Baby G”), Anthony Burke (a/k/a “Ant” or “Diesel”), Deanis Turner (a/k/a “Dino”), Keonte Williams (a/k/a “Moo Moo”) and Brian Hunter. Members of the 69th Street Group include the victim Larry Simmons (a/k/a “Martell”), Nicholas Gentry (a/k/a “Nick”) and Donald Smith (a/k/a “LiT Don”).

At trial, Deanis Turner of the 68th Street Group testified on behalf of the State to the following relevant facts. The first argument between the two groups began when members of the 68th Street Group, namely Turner, Williams and Burke, went in search of marijuana. Their search led them to 70th and Eggleston, which required that they cross 69th Street. The 69th Street Group, namely Simmons, Gentry and Smith, did not “appreciate” the 68th Street Group walking through their “territory” and, according to Turner’s testimony, told the young men, “they didn’t like [them] walking through they [sic] block.” The 68th Street Group understood the 69th Street Group’s block territory to be 69th and Normal. An argument ensued between Burke of the 68th Street Group and Simmons, the victim, of the 69th Street Group.

At some point, the argument subsided and the three young men, Turner, Williams and Burke, continued on their way to 70th and Eggleston and eventually met up with defendant. Burke quickly relayed the earlier encounter between the two groups to defendant. Sometime thereafter the young men from the initial argument, along with defendant, returned to 69th and Normal to confront the members of the 69th Street Group who had argued with the men earlier.

According to Turner’s testimony, defendant questioned the 69th Street Group as to'the reason they were “mad” that Turner, Burke and Williams walked through a block that actually “belongs to no one.” This discussion quickly escalated into a heated argument, in which Gentry, of the 69th Street Group, allegedly brandished a revolver and threatened the 68th Street Group, warning them that the 69th Street Group would not be moved from their territory.

Coincidentally, Brian Hunter, a member of the 68th Street Group, happened upon the scene while driving his car. He got out of his car and retrieved a baseball bat from his trunk. Gentry quickly turned his attention toward Hunter, never raising his gun at him, but yelling at him to drop the bat. Hunter complied, dropping the bat and fleeing the scene.

This argument eventually subsided and the young men of the 68th Street Group, defendant, Turner, Burke and Williams, returned to 70th and Eggleston. According to Turner’s testimony, the young men were angry that the other group had “upped” a gun at their group. Turner testified that defendant said that if the 69th Street Group wanted to play with guns, he would show them how to use one. Turner qualified this statement by adding that the defendant was speaking out of anger and no one understood his words to be a foreshadowing of what was to come. Soon thereafter defendant left Turner, Burke and Williams. Turner testified that he did not know where defendant went at that time.

Turner, Burke and Williams proceeded to return to their territory of 68th and Normal, by way of 69th and Eggleston. During this time, Simmons, Gentry and Smith (the 69th Street Group) approached them and again confronted them. An argument over territory once again ensued and a fistfight between Burke of the 68th Street Group and Gentry of the 69th Street Group eventually began. Defendant was not present for .the beginning of this fight.

Turner further testified that as the fight between Burke and Gentry continued, Simmons, the victim, backed up against a fence with his hand in his pocket. Williams, Turner, Smith and others were watching the fight and Smith allegedly began fighting with Burke as well, in an attempt to help out his friend, Gentry. At some point, defendant pulled up in a blue car, exited the car brandishing a gun and began shooting at Simmons, who was still some 10 feet away from the fight between Burke, Smith and Gentry, leaning against the fence. Defendant shot between five and six rounds. Turner testified that after the shots were fired he ran home. He also testified that he never saw Simmons, the victim, holding a gun, nor did he see any guns other than the gun used by defendant.

Next, Glenda Minor, Simmons’ family friend, testified on behalf of the State. According to Minor’s testimony, she was driving north on Normal toward 68th Street and stopped at a red light at the intersection of 68th and Normal. While stopped, Minor saw the beginnings of the fistfight between Burke and Gentry and she also saw Simmons leaning up against the fence. When the light turned green, Minor began to drive through the intersection and noticed a group of people, including defendant, crossing Normal. Minor testified that she saw defendant’s arm extended out and that she next heard gunshots and saw sparks flying from defendant’s hand. Soon thereafter Minor stopped her car in front of where Gentry and Burke had been fighting and where Simmons was now slumped on the fence. Gentry, Smith and Tyrone, a passenger in Minor’s car, quickly put Simmons in Minor’s car and Minor drove to St. Bernard’s Hospital. While at the hospital, Minor spoke with Chicago police officers and identified defendant as the shooter. The police officers subsequently transported Minor to the 51st Street police station, where she identified photographs of defendant, the victim and Gentry.

Minor testified that she never saw the victim, Simmons, with a gun or weapon in his hand. Minor never saw a gun on Simmons when he was placed in her car. Minor never saw Smith or Gentry in possession of a gun, nor did she see a gun removed from Simmons’ body.

Next, Nicholas Gentry of the 69th Street Group testified to the same essential facts as Turner regarding the confrontations leading up to the shooting, but denied ever having brandished a gun earlier in the evening during the second confrontation.

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Cite This Page — Counsel Stack

Bluebook (online)
869 N.E.2d 920, 373 Ill. App. 3d 948, 311 Ill. Dec. 907, 2007 Ill. App. LEXIS 555, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-evans-illappct-2007.