People v. Foster

556 N.E.2d 1214, 198 Ill. App. 3d 986, 145 Ill. Dec. 312, 1990 Ill. App. LEXIS 681
Appellate Court of Illinois·Decided May 16, 1990·No. 1-87-1124·Published·Cited by 51 cases

Opinion

JUSTICE WHITE

delivered the opinion of the court:

Defendant Tony Foster was convicted in a bench trial of the murders of Alanzia Dixon and Margaret Williams and the armed robbery of Dixon. Following his convictions, defendant was sentenced to life in prison for the murders and 30 years for the armed robbery. Defendant appeals his convictions and sentences on several grounds.

On September 14, 1983, the bodies of Williams and Dixon were found in a gold 1977 Oldsmobile located at 7144 South Prairie Avenue in Chicago. Both had been shot. Later that day, defendant was arrested and charged with murder and armed robbery in connection with the shootings.

At defendant’s trial, Gerald Petway and Michael Pouncy, residents of the 7100 block of South Prairie, testified on behalf of the State. Petway testified that at approximately 12:45 a.m. on September 14, 1983, he was sitting in a car outside of his home at 7128 South Prairie when a car came to a screeching halt a short distance behind him. Petway heard three or four shots and, looking out of the back window of his car, saw two bodies slumped against the dashboard of the second car. Petway then observed an individual in tan clothing who exited the victims’ car from the driver’s side and ran south on Prairie. Petway also observed a second individual dressed in a blue jogging suit who exited from the passenger side of the car.

The second individual, identified as defendant, ran across to the east side of the street and hid in some bushes. Petway then got out of his car and hid behind some bushes on the west side of the street near his house. While hiding in the bushes, Petway observed defendant leave his hiding place and return to the victims’ car. Defendant reached into the passenger side of the car and pushed over one of the victims. Defendant then ran back into the bushes and another car, a green Maverick, drove up and stopped next to the victims’ car. Defendant left the bushes and a tall, heavy man got out of the Maverick and walked over to defendant. Petway testified that there was an argument between the two and that during the argument a statement was made that the wrong guy had been shot.

Subsequently, defendant returned to the victims’ car and entered the driver’s side, where he remained for three or four minutes. Defendant then went to the trunk of the car, opened it, and went inside. The green car then drove off, and defendant returned to the bushes. A few minutes later defendant again left the bushes and returned to the victims’ car. Defendant stood next to the car for several minutes and then ran south down Prairie.

Michael Pouncy testified that in September 1983, he lived at 7133 South Prairie. Pouncy testified that around 12:30 a.m. on September 14, he had a brief conversation with his neighbor, Gerald Petway, who was sitting in his car. After speaking to Petway, Pouncy went home and laid down on a couch near a second-floor window. Pouncy testified that a short time later, he heard two gunshots. Pouncy looked out of the window and saw Petway hiding in the bushes. Pouncy also saw an individual dressed in a blue jogging suit exiting a gold car. This individual ran from the car and hid in some bushes on the east side of the street. Pouncy testified that when he looked out of the window again a short time later, he saw the individual in the blue jogging suit and another man in tan clothing going south on Prairie.

Officer Richard Popovits of the Chicago police department also was called as a witness on behalf of the State. Popovits testified that in the early morning hours of September 14, 1983, he was called to the 7100 block of South Prairie, where he observed the bodies of Dixon and Williams in a gold 1977 Oldsmobile. Popovits testified that a notebook along with $70 in cash was recovered from Dixon’s body and four .380 automatic shell casings were recovered from the car. Popovits also testified that the car in which the bodies were found was registered to Leroy Dixon and that after speaking with Leroy Dixon, he went to a motel located at 4905 South Michigan, where he arrested defendant and recovered $250 in cash from defendant’s room.

Popovits also testified that there was writing on both the money recovered from Dixon’s body and the money recovered from defendant’s motel room. One of the bills recovered from Dixon’s body was marked “G.E. 160” and one of the bills recovered from the motel room was marked “L.A. 85.” Popovits further testified that several of the bills recovered from the motel room contained red stains. It was later stipulated that these stains were human blood.

Also called as witnesses on behalf of the State were Kevin Bass and Larry Johnson. Both testified that in 1983 they sold drugs for Alanzia Dixon and his brother Leroy. Bass testified that he worked as a “runner” for the Dixons and that when the Dixons collected money from a runner for drugs sold, the runner’s initials would be written on the money. Bass identified the notebook recovered from Alanzia’s body as having been used by Alanzia to record the amount of money paid by the runners.

Bass further testified that on September 13 at approximately 11:30, he was waiting at the intersection of 51st Street and Indiana when he saw Alanzia Dixon and Margaret Williams drive up. Dixon got out of the car, and as he approached Bass, defendant drove up in another car and got out. Bass testified that “Alanzia Dixon told [defendant] that he wanted that money” and that defendant replied “not if I see you first.” Bass stated that he noticed a bulge in defendant’s jacket near the waist band of his pants and that defendant reached for the bulge while talking to Dixon. Bass testified that he then warned Dixon that there was a police car nearby, and Dixon and defendant both left the area.

Larry Johnson testified that he saw Alanzia Dixon several times on September 13. Johnson testified that he first saw Dixon around 8 p.m. and that Dixon, who was alone, was driving the automobile in which his body later was found. Johnson testified that he obtained forty $10 bags of heroin from Dixon and gave him $85 in cash. Dixon counted the money and made an entry in a notebook and gave it to Johnson. Johnson wrote “LA 85” in the notebook and on one of the bills he gave to Dixon.

Johnson next saw Dixon at approximately 10 p.m. Dixon was driving the same car, but this time he was accompanied by Williams. Johnson gave Dixon $115 in cash and again the amount was written in Dixon’s notebook and the money initialed.

Johnson last saw Dixon, shortly after midnight, near the intersection of 51st Street and Prairie. Johnson testified that Williams was in the front passenger seat of Dixon’s car and defendant, dressed in a blue jogging suit, was in the back. Johnson also testified that another individual, dressed in tan clothing, was in the back seat of the car with defendant.

Defendant called no witnesses in his behalf. However, after the State rested, the defense presented a stipulation that none of the fingerprints recovered from the victims’ car matched those of defendant.

Subsequently, the trial court found defendant guilty of the murders of Williams and Dixon.

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

People v. Foster, 556 N.E.2d 1214, 198 Ill. App. 3d 986, 145 Ill. Dec. 312, 1990 Ill. App. LEXIS 681 (Ill. Ct. App. 1990).

556 N.E.2d 1214 (People v. Foster) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Related

State v. Ironheart
2024 S.D. 37 (South Dakota Supreme Court, 2024)
People v. White
2023 IL App (5th) 220073-U (Appellate Court of Illinois, 2023)
People v. Wilson
2020 IL App (1st) 162430 (Appellate Court of Illinois, 2020)
People v. Williams
2018 IL App (1st) 151373 (Appellate Court of Illinois, 2018)
People v. Cowart
2017 IL App (1st) 113085 (Appellate Court of Illinois, 2017)
People v. Tates
2016 IL App (1st) 140619 (Appellate Court of Illinois, 2016)
Michael D. Tann v. United States
127 A.3d 400 (District of Columbia Court of Appeals, 2015)
People v. Fleming
2014 IL App (1st) 113004 (Appellate Court of Illinois, 2014)
People v. Willis
2013 IL App (1st) 110233 (Appellate Court of Illinois, 2013)
People v. Morris
2013 IL App (1st) 110413 (Appellate Court of Illinois, 2013)
People v. Winters
812 N.E.2d 737 (Appellate Court of Illinois, 2004)
People v. Johns
Appellate Court of Illinois, 2003
People v. McCoy
Appellate Court of Illinois, 2003
People v. Thompson
730 N.E.2d 118 (Appellate Court of Illinois, 2000)
Terry Everett v. Paul Barnett
162 F.3d 498 (Seventh Circuit, 1998)
People v. Modrowski
Appellate Court of Illinois, 1998
People v. Dennis
692 N.E.2d 325 (Illinois Supreme Court, 1998)
United States ex rel. Hubbard v. Page
985 F. Supp. 820 (N.D. Illinois, 1997)
People v. Koger
679 N.E.2d 105 (Appellate Court of Illinois, 1997)
People v. Young
635 N.E.2d 473 (Appellate Court of Illinois, 1994)