People v. Foules

630 N.E.2d 895, 258 Ill. App. 3d 645, 196 Ill. Dec. 730, 1993 Ill. App. LEXIS 2077
CourtAppellate Court of Illinois
DecidedDecember 30, 1993
Docket1-92-1648
StatusPublished
Cited by27 cases

This text of 630 N.E.2d 895 (People v. Foules) 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. Foules, 630 N.E.2d 895, 258 Ill. App. 3d 645, 196 Ill. Dec. 730, 1993 Ill. App. LEXIS 2077 (Ill. Ct. App. 1993).

Opinion

JUSTICE MURRAY

delivered the opinion of the court:

After a jury trial, defendant Stanley Foules (Foules) was found guilty of possession of cocaine with the intent to deliver (Ill. Rev. Stat. 1991, ch. 56½, par. 1401(a)(2)(A)) and sentenced to 15 years’ imprisonment in the Department of Corrections. He now appeals his conviction and sentence, raising a number of issues, including the sufficiency of the evidence. For this reason we provide a detailed accounting of the undisputed evidence presented concerning the events leading to Foules’ arrest.

On Thanksgiving Day, November 22, 1990, Chicago police officer Steve Janka and his partner, Linda Gonzales, were assigned to the gang crimes unit. Dressed in plain clothes and driving an unmarked car, they were making a routine patrol of the area around 3500 West Potomac in Chicago when they noticed three men sitting inside a parked car. As they drove past this car they observed two of the men drinking from what they believed to be cans of beer. They decided to make an investigatory stop and drove around the block so that they could approach the vehicle from the rear.

Officer Janka, who was driving the squad car, pulled up behind the parked vehicle and activated the squad car’s emergency flashing headlights. He and his partner did not immediately exit the squad car, but instead entered the vehicle’s license plate into the LOJAC computer in the squad car.

After a few minutes, he and his partner exited the squad car and approached the parked vehicle. As they did so, they could see through the rear window of the vehicle that the front seat passenger had a scale on his lap and the scale had a purple cup with white powder in it.

As the officers approached, the suspects’ vehicle started up and began to speed down the street. The officers ran back to the squad car and began to pursue the fleeing vehicle with their lights and siren activated. They had the vehicle in sight at all times and noticed that as the vehicle turned the corner onto St. Louis and passed an alleyway, the front seat passenger threw something purple in color from the window, accompanied by a puff of white powdery "smoke.”

As the cars approached the intersection of St. Louis and Evergreen, the squad car overtook the suspects’ vehicle and forced it to the side of the road by cutting into its path. Both officers jumped from their squad car and approached the vehicle. Officer Janka, who approached the driver’s side of the vehicle, noticed that the driver appeared to be placing the vehicle in reverse, attempting to back up. Officer Janka smashed his flashlight through the driver’s side window and the vehicle then came to a stop. Officer Janka ordered the driver from the car and, when he refused, assisted him from the vehicle, handcuffed him and placed him in the street. He then ordered the rear seat passenger from the car and handcuffed him as well.

Officer Gonzales approached the passenger side of the car. She ordered the front seat passenger, who was Foules, from the car. Foules informed her, however, that he could not get out of the car because he was a paraplegic. 1

Both Officer Gonzales and Officer Janka reported seeing a white powdery substance covering defendant’s clothes and the interior of the car near the passenger side window. In addition, Officer Gonzales found parts of a gram scale in defendant’s lap and retrieved a black vinyl bag from defendant. She described this bag as one that could be attached to the back of a wheel chair. Both officers testified that Foules had positioned this bag on his lap as a table when using the scale and that Foules had the bag between his legs when he was arrested. Inside this bag the officers found another gram scale, a bottle of mannitol, a pair of scissors, a plastic tube which contained a white powder residue, and a plastic bag containing a white powdery substance. Officer Janka also testified that they recovered from this bag $458, consisting of four $20 bills, one $10 bill, 73 $5 bills and three $1 bills. 2

Officer Gonzales radioed for back-up assistance and other police officers soon arrived on the scene. When more officers arrived, Officer Janka walked back down the street and retrieved the purple cup from the scale that had been thrown out the window of the car during the chase.

The two suspects who had been removed from the car were transported to the fourteenth district police station. Defendant Foules remained in the vehicle, however, despite attempts to assist him into his wheel chair, which had been in the rear of the car. Foules insisted he needed medical assistance to exit the vehicle. He was allowed to call his doctor using a portable telephone he had in his possession, but he was unable to contact him.

Because Foules refused to move, it was decided that Foules would be transported to the police station inside the vehicle where he was sitting and an officer was assigned to drive him. At the police station Foules continued to refuse to leave the vehicle, even when a paramedic team was called to assist. Finally, because more than two hours had passed since his arrest, he was lifted from the vehicle by a police sergeant, despite his protests. After his removal from the vehicle the police searched the interior of the car and recovered a loaded .22-caliber revolver under the front passenger side seat, where Foules had been sitting.

Lastly, Officer Gonzales testified that when questioning Foules at the police station he indicated that he used cocaine for "medicinal purposes” due to the back pain he experienced because of his paraplegia.

Grace Odiho, a chemist for the Chicago police crime lab, testified that she tested a residue that was on the "purple cup” that Officer Janka had testified he saw being thrown from the window of the car and which he later recovered. This residue tested positive for cocaine.

Marsha Ross, another chemist for the Chicago police crime lab, testified that the plastic bag recovered from Foules contained 18.86 grams of a substance containing cocaine.

Lastly, the State presented Chicago police officer Albert Taylor, who was qualified as an expert due to his experience as an undercover narcotics officer. He testified that the street value of one gram of cocaine was between $50 and $60 and that it is generally sold in "nickel bags,” so called because they cost $5, or "dime bags,” which cost $10. The "nickel bags” contain about one-tenth of a gram of cocaine, whereas "dime bags” contain twice that amount, i.e., two-tenths of a gram of cocaine. Officer Taylor also testified that mannitol is used to "cut” the cocaine, i.e., added to cocaine to lower its purity. He identified the tube-like item found in Foules’ bag as an "eye dropper” used to "pull up the cocaine into the cylinder” so it could be dispensed onto the scale. He testified that the top from the tube could also be removed and the item used to "snort” cocaine.

After this evidence was presented, the State rested and the defense presented its witnesses. The first defense witness was Sidney Thompson (Thompson).

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Cite This Page — Counsel Stack

Bluebook (online)
630 N.E.2d 895, 258 Ill. App. 3d 645, 196 Ill. Dec. 730, 1993 Ill. App. LEXIS 2077, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-foules-illappct-1993.