People v. Felder

586 N.E.2d 729, 224 Ill. App. 3d 744, 166 Ill. Dec. 771, 1992 Ill. App. LEXIS 23
CourtAppellate Court of Illinois
DecidedJanuary 14, 1992
Docket1-89-3502
StatusPublished
Cited by11 cases

This text of 586 N.E.2d 729 (People v. Felder) 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. Felder, 586 N.E.2d 729, 224 Ill. App. 3d 744, 166 Ill. Dec. 771, 1992 Ill. App. LEXIS 23 (Ill. Ct. App. 1992).

Opinion

JUSTICE DiVITO

delivered the opinion of the court:

Defendant Larry Felder was charged by indictment with murder, attempted murder, and home invasion. (Ill. Rev. Stat. 1985, ch. 38, pars. 9—1(a)(1), 8—4(a), 12—11(a)(2).) After a jury trial, defendant was found guilty of all charges and sentenced to 80 years’ imprisonment for murder, 30 years for attempted murder to run consecutively with the murder sentence, and 30 years for home invasion to run concurrently with the two other sentences.

Defendant appeals both his conviction and his sentence, raising in issue (1) whether the attempted murder instruction given to the jury improperly stated the elements necessary to establish attempted murder; (2) whether the testimony of several State witnesses that they initially withheld information from the police out of fear for their own and their families’ safety was properly admitted; (3) whether a photo taken of the deceased prior to her death and the testimony of the deceased’s mother about the last time she saw her daughter alive were properly admitted; (4) whether defendant was denied a fair trial due to the State’s exercise of a peremptory challenge of one juror in an allegedly racially discriminatory manner; (5) whether the court erroneously found that defendant was eligible for the death penalty; and (6) whether the court abused its discretion in sentencing defendant to consecutive sentences for murder and attempted murder.

At trial, Karen Spaulding (Karen) testified that, on March 14, 1987, she was living with her friend Sharon Eskridge (Sharon) in Sharon’s attic apartment located in a single-family house at 734 East 103rd Place in Chicago. Also living in the apartment was Sharon’s boyfriend, Guy Brackston.

At 10 p.m. on March 14, 1987, Karen and Sharon left the apartment and took a taxi to the Holiday Inn Mart Plaza, where defendant’s brother, Robert Felder (Felder), was hosting a party in three rented suites. Approximately 50 people were at the party, including defendant, whom Karen knew as “Bo Bo,” and Sherman Spears, known as “Spiro.” Karen had known defendant for approximately one year and Spears for six months; both defendant and Spears sold drugs for Felder, head of the “Pay Masters,” a street gang which dealt in narcotics. Felder and the other drug dealers at the party provided champagne, cocaine, marijuana, and heroin for the party guests. While there, Karen drank three or four glasses of champagne and “did do a lot of coke.”

Sometime during the night, Felder suffered an asthma attack; Karen helped him by propping him up on a bed, loosening his clothing, and removing his jewelry. After she removed his jewelry, Karen put on Felder’s gold necklace and gave his rings to his girl friend.

At approximately 5:30 a.m. on March 15, 1987, Karen left the party with Sharon and Brackston; when they returned to their apartment, Sharon and Brackston went into the bedroom to sleep and Karen slept on the sofa in the living room. Later that morning, at approximately noon, Felder telephoned, asking for Brackston; however, Karen told him that Brackston was asleep. One hour later, Felder called again and told Karen to wake Brackston. After speaking with Felder for about 20 minutes, Brackston hung up and asked Karen about Felder’s gold necklace. She then took off the necklace and gave it to Brackston.

Shortly thereafter, the doorbell rang and Karen went down to answer the door; at the door were Willie Streeter and Larry Byrd, both of whom sold drugs for Felder. After she let them into the apartment, the two men went into the bedroom to talk to Brackston. During the time that Streeter and Byrd were in the apartment, Karen took a shower and Sharon sat on the living room couch watching television. When Karen came out of the shower, Streeter and Brackston were leaving the apartment. Because it was not typical of Brackston to leave without telling Sharon, she and Karen discussed whether something might be wrong; Sharon was concerned that Brackston’s departure could be because she had taken some money at Felder’s party the previous night.

After 10 minutes, Streeter returned to the apartment with defendant and Sherman Spears. Defendant went into the bedroom and Spears followed; Spears then came out and told Karen that she had gotten him in trouble by taking the necklace. Spears grabbed her by the arm and started yelling at her in a “nasty” tone of voice. Streeter stepped between Spears and Karen, telling Spears, “Man, you should freeze that, you know. Don’t do that.” Defendant then called Sharon into the bedroom with him. After defendant and Sharon came out of the bedroom, defendant told Karen to go into the bedroom.

While in the bedroom, defendant asked Karen why she took money from his brother; Karen denied taking any money and defendant responded, “Bitch, I know you took the money, and I am not going to be standing up here just to keep on asking you about the money and this shit.” Defendant then hit Karen on the head with the butt of his gun, a “blue steel .32 automatic.” Karen fell crying to the bed and asked defendant why he had hit her; defendant answered, “I am going to kill you, bitch,” unless she would tell him where the money and “stuff” was. Defendant then began hitting and kicking Karen. After hitting Karen five or six times, defendant stood up and leaned with his hand against the wall. When Spears entered the room shortly thereafter, he threw a towel to defendant; defendant then used the towel to clean the area where his hand had touched the wall.

After Spears entered the bedroom, defendant told him to “go get that other bitch and bring her in here.” Karen then got off the bed and stood next to a dresser near the wall. When Sharon entered the bedroom, Spears pushed her onto the bed, picked up a pillow, and handed it to defendant. Both defendant and Spears, who had a .38 caliber gun, put their guns inside of the pillows. When Karen then yelled, “no, don’t. You know you don’t have to do that,” defendant turned around and shot her in her left shoulder. As she fell to the floor, Karen could see both defendant and Spears shoot Sharon “about 5 or 6, or more” times. She also could hear two different sounds emitted from the guns. Karen began feeling a “burning sensation” in her body and realized that it was because of her numerous gunshot wounds.

When she was able to get up, Karen called to Sharon, who was lying facedown on the bed, but received no response; she attempted to walk to the living room and call the police but she could not walk very well, was dizzy, nauseated, and everything appeared to her to be in “slow motion.” When she got into the living room, she turned down the television volume, which had been turned up; she then locked the door and tried to call the police. Someone then knocked on the door; Karen “hollered, no, no. Don’t hurt me, no, no.”

A man then broke the glass in the door and opened the door; Karen did not know him, but she told him in “blurred” words that Sharon was in the bedroom, dead. Shortly thereafter, as the police were arriving, Felder telephoned and Karen answered and told him, “Hello, Rob. Your brother and Spiro just shot me, and they killed Sharon.” Before hanging up, Felder told Karen that she had better not say anything or he would “do something” to her mother and her child.

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Cite This Page — Counsel Stack

Bluebook (online)
586 N.E.2d 729, 224 Ill. App. 3d 744, 166 Ill. Dec. 771, 1992 Ill. App. LEXIS 23, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-felder-illappct-1992.