People v. Freeman

600 N.E.2d 862, 234 Ill. App. 3d 380, 175 Ill. Dec. 619, 1992 Ill. App. LEXIS 1512
CourtAppellate Court of Illinois
DecidedSeptember 16, 1992
DocketNo. 3—91—0680
StatusPublished

This text of 600 N.E.2d 862 (People v. Freeman) 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. Freeman, 600 N.E.2d 862, 234 Ill. App. 3d 380, 175 Ill. Dec. 619, 1992 Ill. App. LEXIS 1512 (Ill. Ct. App. 1992).

Opinion

JUSTICE HAASE

delivered the opinion of the court:

Following a jury trial, the defendant, Andy S. Freeman, was convicted of home invasion (Ill. Rev. Stat. 1991, ch. 38, par. 12— 11(a)(2)). He was sentenced to 10 years’ imprisonment. The defendant appeals his conviction.

At trial, the defendant and the victim, Darren Parrish, presented two different versions of what had happened. The defendant testified that he and Parrish were rivals for the affections of Carrie Smith. Although Smith lived with the defendant and had a child by him, she would occasionally leave to travel with Parrish. Additionally, Parrish would occasionally call the defendant’s home and ask to talk to Smith.

On February 23, 1991, the defendant saw Parrish at a bar called J.J.’s. Parrish followed the defendant and indicated that he wanted to talk about Smith. The defendant told Parrish to leave or he would “knock his head off.”

The defendant further testified that on the night of February 26, he again saw Parrish at J.J.’s. Parrish approached him three or four times and indicated that he wanted to talk, but each time the defendant would walk away. The defendant consumed approximately seven or eight beers and then left.

At approximately 3:50 a.m., the defendant arrived home. Smith accused him of cheating on her and stated that Parrish had stopped by to see her at around 3 a.m. The defendant was upset, so he decided to drive to Parrish’s house to talk to him.

Once at Parrish’s home, the defendant knocked on the door. Parrish asked who was there, but the defendant did not respond and instead knocked again. Parrish again asked who it was, but the defendant again refused to answer. Parrish opened the door and told'the defendant, “Let me put my pants on.”

Although Parrish did not give him permission to enter, the defendant stepped into the home because he was cold. He noticed Parrish reach under his television and pull out a knife. The defendant then punched Parrish on the side of the head. Parrish fell to his knees, and the defendant grabbed him and hit him a couple more times. After taking the knife from Parrish and throwing it to the side, the defendant proceeded to flip up the covers on Parrish’s couch because he had been told that Parrish owned a gun. Noticing that Parrish was trying to get up, the defendant “popped him again” and told him to stay on the floor.

The defendant then went into Parrish’s bedroom, flipped up the mattress, and asked Parrish, “Where’s that goddamn gun?” By that time, Parrish had wet his pants and was on the floor crying. The defendant left after not finding a gun.

While walking down the stairs outside Parrish’s home, the defendant heard Parrish swearing and coming towards the door. The defendant then saw Parrish come out with a crowbar. Parrish swung the crowbar at him, but the defendant caught it with his hand. The two struggled for control of the bar and wound up back inside Parrish’s home. Eventually the defendant got control of the crowbar and stood over Parrish, who was on the floor crying. The defendant used the crowbar to smash a hole in the floor to show Parrish the damage such an object could cause. While the defendant pulled the crowbar out of the floor, Parrish covered his face and repeatedly said, “Please don’t kill me.” After the defendant removed the crowbar from the floor, he left the house and took the crowbar with him. He subsequently threw the bar out on his way back home.

The defendant admitted that he did not need to go to the hospital following the incident. Additionally, he admitted that he did not report the incident to the police.

Parrish testified that on the night in question, he was at J.J.’s bar. He saw the defendant there, but did not speak to him. Parrish left the bar after he had a couple of beers.

On his way home, Parrish stopped at a gas station to call Smith. He told her that the defendant was with another woman. Additionally, he talked to her about getting back together. Following his conversation with her he went home, locked his door, and went to sleep.

At approximately 4:30 a.m., he was awakened by blows to his head. He saw the defendant hitting him, but he could not see what he was being hit with until he managed to get out to the living room, where the lights were on. He then saw that the defendant was hitting and stabbing him with a crowbar-like pipe that belonged to Parrish. The defendant told Parrish, “I’m going to kill you.” Parrish begged for his life, and the defendant stopped beating him. However, the defendant subsequently put a knife Parrish owned to Parrish’s throat and threatened to kill him and hurt his parents if he went to the police. The defendant then left, taking the pipe with him.

After the defendant left, Parrish managed to get up, put on his clothes, and drive to his parents’ house. Once there, the police were called and Parrish went to the hospital. At the hospital he was treated for a cut on his forehead; two black eyes; a swollen nose; a bloody lip; stab wounds to his side, leg, and ankle; and a large cut on his hand.

Police officer William Marion testified that on the morning in question he went to Parrish’s home to investigate a home invasion. He saw Parrish’s injuries and took photographs of them. These photographs were entered into evidence. He also photographed the damage to Parrish’s apartment, which included a broken light, a smashed television, bloodstained couch cushions, holes in the floor, and a broken deadbolt latch. He then went to the defendant’s residence to talk to him. The defendant told Officer Marion that he did not know what Marion was talking about. Officer Marion did not notice any injuries to the defendant at that time.

Carrie Smith testified that on the night in question, the defendant was upset after he came home from the bar. He went to Parrish’s home and returned later that morning. Later that day, she noticed bruises on one of his hands. She also noted that when she helped Parrish move in September of 1990, his door was damaged but the deadbolt was not broken.

Larry Ziegenbein testified that he was a friend of the defendant, On the night in question, he was at J.J.’s bar with the defendant. Once that night, he saw the defendant stand next to Parrish. The defendant then walked away from Parrish. At some point that evening, Ziegenbein told Parrish that he should leave the defendant alone. Ziegenbein admitted that he was too intoxicated to recall much else.

Following all the testimony, a jury instruction conference was held. The court allowed the defendant’s instructions on the lesser included offense of battery, which included as a proposition to be proved that the defendant was not justified in his actions. However, the trial court refused to give the defendant’s justification instruction with respect to the home invasion. In denying the instruction, the court determined that self-defense was not applicable to home invasion.

The jury was instructed to return a verdict of either not guilty, guilty of battery, or guilty of home invasion. The jury found the defendant guilty of home invasion, and he was later sentenced to 10 years’ imprisonment.

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Related

People v. Davidson
514 N.E.2d 17 (Appellate Court of Illinois, 1987)
People v. Bitner
412 N.E.2d 721 (Appellate Court of Illinois, 1980)
The People v. York
193 N.E.2d 773 (Illinois Supreme Court, 1963)
People v. Sloan
490 N.E.2d 1260 (Illinois Supreme Court, 1986)

Cite This Page — Counsel Stack

Bluebook (online)
600 N.E.2d 862, 234 Ill. App. 3d 380, 175 Ill. Dec. 619, 1992 Ill. App. LEXIS 1512, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-freeman-illappct-1992.