People v. Everett

2022 IL App (1st) 201169, 208 N.E.3d 1130, 463 Ill. Dec. 62
CourtAppellate Court of Illinois
DecidedMay 13, 2022
Docket1-20-1169
StatusPublished
Cited by6 cases

This text of 2022 IL App (1st) 201169 (People v. Everett) 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. Everett, 2022 IL App (1st) 201169, 208 N.E.3d 1130, 463 Ill. Dec. 62 (Ill. Ct. App. 2022).

Opinion

2022 IL App (1st) 201169

FIRST DISTRICT SIXTH DIVISION May 13, 2022

No. 1-20-1169

THE PEOPLE OF THE STATE OF ILLINOIS, ) Appeal from the ) Circuit Court of Plaintiff-Appellee, ) Cook County. ) v. ) No. 01 CR 19824 ) CHRISTOPHER EVERETT, ) Honorable ) James Michael Obbish, Defendant-Appellant. ) Judge Presiding.

JUSTICE HARRIS delivered the judgment of the court, with opinion. Presiding Justice Pierce and Justice Oden Johnson concurred in the judgment and opinion.

OPINION

¶1 Defendant, Christopher Everett, appeals the circuit court’s denial of leave to file a second

successive postconviction petition. On appeal, defendant contends that his petition sufficiently

presented a claim that his 51-year sentence violated the proportionate penalties clause as applied

to him, where he was 23 years old at the time of the offense and his brain had not reached full

maturity or development. For the following reasons, we affirm.

¶2 JURISDICTION

¶3 The circuit court denied defendant leave to file a successive petition on September 11,

2020. Defendant mailed his notice of appeal on October 8, 2020, and it was filed on October 15,

2020. Accordingly, this court has jurisdiction pursuant to article VI, section 6, of the Illinois

Constitution (Ill. Const. 1970, art. VI, § 6) and Illinois Supreme Court Rule 651 (eff. July 1, 2017),

governing appeals in postconviction proceedings. No. 1-20-1169

¶4 BACKGROUND

¶5 A full accounting of the facts can be found in this court’s order involving defendant’s direct

appeal. See People v. Everett, No. 1-04-1201 (2005) (unpublished order under Illinois Supreme

Court Rule 23). We set forth only the facts necessary to the disposition of this appeal.

¶6 Defendant was charged with first degree murder, attempted first degree murder, and

aggravated discharge of a weapon in connection with an incident that occurred on June 30, 2001.

On that day, shortly after 8:30 p.m., Robert A. Locke sustained a fatal gunshot wound to his head

as he rode in the back seat of a vehicle driven by Jafar Graves. Graves had dated defendant’s

estranged wife, Gadealayh Norman (Goody).

¶7 Prior to the shooting, Graves, Locke, and members of their jazz band were heading from

Graves’s house to a music recording studio. As Graves drove by the South Shore Baptist Church,

he saw defendant sitting on the steps. He and defendant glared at each other before Graves

continued past the intersection. A few minutes later, Locke said he was missing his notebook that

contained new songs. Graves “doubled back” to his house intending to retrieve the notebook, but

then Locke found the book in the car. Graves turned around and dropped off a passenger before

heading to the studio.

¶8 Graves drove past the church again, and he saw defendant walk diagonally towards the

northwest corner of the street. As he proceeded through the intersection, defendant began shooting

at his vehicle. Graves made a right turn, and the back windshield shattered. He looked out of his

window and saw defendant “standing there with the gun pointed.” When he looked toward the

back seat, he saw Locke slumped down with his head back. Locke later died at the hospital; his

death was ruled a homicide caused by a single gunshot wound to his head.

-2- No. 1-20-1169

¶9 Police recovered 10 spent shell casings from the shooting scene, and the parties stipulated

that all 10 casings were fired from the same handgun. There was no evidence that a firearm had

been discharged from within Graves’s vehicle. Graves identified defendant as the shooter.

¶ 10 Ahvicom Norman, Goody’s brother and defendant’s brother-in-law, testified for the

defense. He said that Graves and his sister “started talking” during her brief split from defendant.

On the day of the shooting, Norman, Graves, and Marcus Reeves were riding in Graves’s car to a

beach where they planned to smoke marijuana. When they arrived, Graves took out a 9-millimeter

handgun from under the driver’s seat and threatened to kill defendant because he had “f*** up.”

After returning home, Norman warned defendant of Graves’s threats.

¶ 11 Norman acknowledged that he did not tell police about the threats. Also, he was not present

at the time of the shooting. Graves contradicted Norman, denying that he showed Norman a firearm

or made any threats. Graves testified that he did not own a firearm and had never handled a 9-

millimeter weapon. He stated that no one in his car that night had a firearm.

¶ 12 Defendant testified that he knew Graves as a friend of Norman and of his wife, Goody. He

and his wife reconciled in June 2001 and moved to Kentucky. Defendant returned to Chicago for

business, and during his visit, he stayed at his grandmother’s house. She lived about 50 yards from

the scene of the shooting.

¶ 13 On the day of the shooting, defendant saw Norman, Reeves, and Graves sitting in a parked

car. Norman and Reeves exited the car and told him that Graves showed them a gun and had

threatened to kill defendant. Shortly thereafter, defendant saw Graves drive off shaking his head

and looking at him. According to defendant, Graves’s behavior confirmed the information he

received from Norman and Reeves.

-3- No. 1-20-1169

¶ 14 Later that evening, defendant was sitting in front of the South Shore Baptist Church when

he saw Graves slowly drive by. Graves was shaking his head and smirking. The vehicle continued

down the street and stopped at a stop sign before turning around. Defendant started to walk to the

northwest corner of the street when he noticed that the vehicle had circled back and was driving

toward him. Graves had his left arm extended and resting on the window. His hand was formed in

the shape of a handgun, and he appeared to be talking to people in the back seat. Defendant testified

that everyone in the car was looking at him.

¶ 15 Defendant heard someone in the back seat holler “kill something,” and he “noticed the gun

come up.” Defendant shot at the vehicle because he believed Graves was going to carry out his

threat to kill him. On cross-examination, defendant admitted that he armed himself before going

out that night and he did not attempt to leave the area when he saw Graves drive by. He also

acknowledged that he fired at the vehicle as it was driving away from him and that he did not see

gunfire coming from inside the vehicle.

¶ 16 The trial court rejected defendant’s self-defense claim, resolving credibility issues in favor

of the State’s witnesses. Defendant was found guilty of six counts of first degree murder, one count

of attempted first degree murder, and five counts of aggravated discharge of a firearm. Defendant

filed motions for a new trial, which the trial court denied.

¶ 17 Defendant’s presentence investigative report (PSI) indicated that he was 23 years old at the

time of the offense. He had no prior criminal history and graduated from high school. He was

raised by his mother and maternal grandmother, and his early childhood was “pleasant.” There

was no substance abuse in his family. Defendant saw a psychiatrist four times in the fourth grade

due to problems at school, and he described his current physical condition as “good.” He married

-4- No. 1-20-1169

Goody when he was 21 years old, and they did not have children. Defendant had no problems with

drugs or alcohol, and he denied having any affiliation with a street gang. He was “a mentor to the

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

Related

People v. Sahagun
2026 IL App (1st) 240930-U (Appellate Court of Illinois, 2026)
People v. Dorsey
2025 IL App (1st) 230035-U (Appellate Court of Illinois, 2025)
People v. Gonzalez
2023 IL App (3d) 200423-U (Appellate Court of Illinois, 2023)
People v. Arnold
2023 IL App (1st) 210901-U (Appellate Court of Illinois, 2023)
People v. Williams
2023 IL App (3d) 210352-U (Appellate Court of Illinois, 2023)

Cite This Page — Counsel Stack

Bluebook (online)
2022 IL App (1st) 201169, 208 N.E.3d 1130, 463 Ill. Dec. 62, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-everett-illappct-2022.