People v. Fort

618 N.E.2d 445, 248 Ill. App. 3d 301, 187 Ill. Dec. 854
CourtAppellate Court of Illinois
DecidedJune 4, 1993
Docket1 — 88—3632, 1—88—3635, 1-88-3636, 1-89-0220 cons.
StatusPublished
Cited by29 cases

This text of 618 N.E.2d 445 (People v. Fort) 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. Fort, 618 N.E.2d 445, 248 Ill. App. 3d 301, 187 Ill. Dec. 854 (Ill. Ct. App. 1993).

Opinion

JUSTICE McNULTY

delivered the opinion of the court:

After a jury trial, defendants Jeff Fort, Derrick Kees, Ray Ferguson and William Doyle were convicted of the murder of Willie Bibbs. Defendant Fort was sentenced to 75 years, defendants Kees and Doyle were sentenced to 55 years and defendant Ferguson was sentenced to natural life imprisonment. Defendants appeal their convictions and sentences.

The following issues are raised on appeal: (1) whether the prosecution purposefully used its peremptory challenges to exclude black venirepersons from the jury; (2) whether the trial court erred in denying defendants’ motions for change of venue; (3) whether the trial court improperly denied defendant Fort’s challenges for cause as to those prospective jurors who knew of Fort’s prior conviction or who were exposed to pretrial publicity on Fort; (4) whether the trial court erred in failing to ask during voir dire certain questions proposed by defense counsel; (5) whether defendants were restricted in presenting their defense that somebody other than defendant murdered Willie Bibbs; (6) whether defendants were improperly restricted in their cross-examination of Earl Hawkins; (7) whether it was improper for the trial court to allow detailed testimony concerning the El Rukn gang; (8) whether the accomplice testimony of Anthony Sumner and Earl Hawkins was sufficient to prove defendants Kees, Doyle, and Ferguson guilty beyond a reasonable doubt; (9) whether the prosecutor made improper comments in closing argument; (10) whether the trial court erred in refusing to allow defendants Kees and Doyle to inspect their presentence reports three days prior to imposing sentence; and (11) whether the trial court improperly imposed extended-term sentences on defendants Fort, Kees and Doyle.

The relevant facts are as follows. On June 14, 1981, around midnight, Willie Bibbs was gunned down as he stood outside the Fountainhead lounge at 114 E. 43rd Street in Chicago. Bibbs died from two gunshot wounds. Six expended shell casings from a .38-caliber weapon were found near the scene. Gregory Hollis was also in front of the lounge at that time and saw a man pacing up and down 43rd Street, by the passenger side of his car. Hollis saw the man look towards the lounge and nod his head. Hollis looked to see what the man was nodding at and saw three men exit the alley wearing ski masks and carrying guns. Hollis shouted a warning to Bibbs, and as Hollis was driving off, he saw one of the men wearing a ski mask point a gun at Bibbs and he heard five or six shots fired. As Hollis drove around the block he saw two old, dark-colored cars emerge from the other end of the alley. Hollis later identified Earl Hawkins as the man he saw pacing across the street from the Fountainhead lounge. Hollis knew that Bibbs sold drugs and that Bibbs owed another drug dealer money.

Emanuel Slaughter was also sitting in his car outside the lounge when Bibbs was shot. Slaughter also noticed a man, who he later identified as Earl Hawkins, pacing across the street. He looked to see what the man was looking at and saw two men come out of the alley and he then heard five or six shots being fired.

On October 9, 1981, Earl Hawkins was arrested and charged with the murder of Willie Bibbs. Hawkins was tried and acquitted of the murder.

In 1985, Anthony Sumner, Earl Hawkins, J.L. Houston, Alvin Toney, and James Walker were found in an El Rukn safe house in Cleveland. The police arrested Houston and Walker on outstanding warrants and took them and Sumner back to Chicago. Sumner implicated himself in the Bibbs murder and another double murder. Later, Sumner was charged in the double homicide and subsequently made arrangements with the State’s Attorney’s office to testify against various members of the El Rukn street gang. Sumner told police that Fort was the leader of the El Rukns and that Fort ordered six of his men to shoot up 43rd Street. According to Sumner, Fort was upset because the Titanic Stones were selling drugs on 43rd Street without giving any money to the El Rukns. Fort was also upset because the Titanic Stones refused to drop the word Stones from their name. The El Rukns were previously known as the Blackstone Rangers and Fort did not want anybody using “Stones” as part of their name.

In 1987, after Hawkins was sentenced to death for his involvement in a double homicide and on death row, Hawkins wrote a letter to Detective Brannigan in which Hawkins offered to help Brannigan if Brannigan would help him. Hawkins, like Sumner, claimed that Fort ordered the shooting at the Fountainhead lounge because the Titanic Stones had refused to comply with Fort’s requests to kickback money and to stop using the name Stones. Hawkins claimed that a meeting was held in Fort’s apartment on the evening of June 14, 1981, and the plan was made to shoot up 43rd Street. Hawkins claimed that all of the defendants were present at the meeting. At this meeting, it was decided that Derrick Porter and Sumner were to drive cars, one with the shooters in it, the other with guns locked in the trunk. Kees and Doyle were to get handguns from the car trunk once they reached the alley near the lounge, and Ferguson was to use a machine gun. The men with the guns were to set up a crossfire and shoot into the lounge area. Hawkins was to act as the lookout. Hawkins would signal to the shooters and they would open fire on the lounge and anyone near it. Everyone, except Hawkins, was to wear a ski mask. Hawkins was to use Fort’s gun to shoot at the police if any came by before the other El Rukns had completed their assignments.

Hawkins claimed that the plan initially went as planned. Hawkins and Sumner drove to a location near the lounge, and Hawkins got out and took his lookout position. Porter and Sumner then dropped off Kees, Doyle, and Ferguson. The shooters walked down the alley, Kees and Doyle with handguns and Ferguson with a machine gun. Kees then peeked around the corner of the building to the east of the lounge where the alley and the sidewalk intersect, saw Bibbs and fired five or six shots. Hearing the shots, the others abandoned their plan and ran away. Hawkins claimed that Kees fired all the shots from the same spot.

Former El Rukn Trammel Davis also confirmed that a meeting was held at Fort’s apartment on the night Bibbs was murdered and that after the meeting Doyle, Kees, and Ferguson left with guns.

Based on this information defendants were arrested, tried and convicted. All defendants appeal.

We first address the contention, raised by all defendants, that the prosecution improperly used its peremptory challenges to exclude black venirepersons from the jury. In order to prevail on a claim of unconstitutional discrimination in the exercise of peremptory challenges, a defendant must establish a prima facie showing of purposeful discrimination. (Batson v. Kentucky (1986), 476 U.S. 79, 90 L. Ed. 2d 69, 106 S. Ct 1712.) A prima facie case of purposeful discrimination is established when defendant shows that the prosecutor exercised peremptory challenges to remove venirepersons of a cognizable racial group and that relevant circumstances create an inference of discrimination in the exclusion of venirepersons based on race. (People v. Edwards (1991), 144 Ill.

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Cite This Page — Counsel Stack

Bluebook (online)
618 N.E.2d 445, 248 Ill. App. 3d 301, 187 Ill. Dec. 854, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-fort-illappct-1993.