People v. Gant

559 N.E.2d 923, 202 Ill. App. 3d 218, 147 Ill. Dec. 583, 1990 Ill. App. LEXIS 1213
CourtAppellate Court of Illinois
DecidedAugust 15, 1990
Docket1-87-2530, 1-87-2546 cons.
StatusPublished
Cited by12 cases

This text of 559 N.E.2d 923 (People v. Gant) 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. Gant, 559 N.E.2d 923, 202 Ill. App. 3d 218, 147 Ill. Dec. 583, 1990 Ill. App. LEXIS 1213 (Ill. Ct. App. 1990).

Opinion

JUSTICE RIZZI

delivered the opinion of the court:

After a jury trial, defendant-appellant Herbert Gant (Gant) was found guilty of two counts of murder, two counts of attempted murder and home invasion. The trial court sentenced Gant to a natural life term of imprisonment for the murders of Edis and Eva Knox, to a 30-year term of imprisonment for home invasion and to a 15-year term of imprisonment for the attempted murders of Vernell Crawford and Dwayne Knox, with all of the sentences to be served concurrently.

On appeal, Gant argues that (1) his conviction for the murder of Eva Knox should be reversed where the State failed to prove beyond a reasonable doubt that his acts caused Eva Knox’s death; (2) improper comments by the prosecutor during closing argument and rebuttal deprived him of his constitutional right to a fair trial; (3) imposition of a natural life sentence without any consideration of factors in mitigation violates the eighth and fourteenth amendments to the United States Constitution; and (4) he was improperly sentenced under the mandatory life statute.

The State presented the testimony of Vernell Crawford, Carolyn Knox, Chicago police officers Andrew Jones, Walter Berratta, Garrett Dubin, Thaddeus Melko, Joseph Bonadonna, Henry Freeman and Richard Fournier. The State also presented the testimony of Doctor Yuksel Konacki, a forensic pathologist, and Doctor Hari Rao, Eva Knox’s treating physician. Gant did not present any evidence on his behalf.

The evidence presented at trial revealed that Gant and Edis Knox married in 1978 and divorced in 1983. On July 30, 1985, Eva Knox, 78 years of age, resided at 908 West 71st Street with her daughters, Carolyn Knox and Edis Knox, and her grandchildren, Vernell Crawford, Loquita, DeShawn and Dwayne Knox. Vernell Crawford and Carolyn Knox recounted the events of July 30, 1985.

At approximately 10:15 p.m., Gant telephoned the Knox residence and demanded to speak with Edis Knox. Carolyn Knox informed Gant that Edis did not wish to speak with him. Thereafter, at approximately 10:30 p.m., Gant, armed with a 12-gauge shotgun, a .38 caliber revolver and a .25 caliber revolver, fired the shotgun into the back door of the Knox residence. Gant then went to the front of the house, broke a window and entered the house through the window. Gant proceeded to the bedroom where Carolyn Knox, her children, Eva Knox and Vernell Crawford attempted to hide.

As Carolyn Knox was under the bed, her children crawled under the bed and Vernell Crawford was on the floor near the entrance, Gant entered the bedroom, stating, “I got all you bitches, tonight.” Gant removed a pistol from his belt and shot Vernell Crawford.

Edis Knox came out of hiding and asked Gant, “Herbert what are you doing, why are you bothering them, they are not bothering you.” Gant responded, “You [sic] the one that started all this shit. You [sic] the one that I came for.” As Edis ran to the back of the house, pleading for her life, Gant shot her seven times. After shooting Edis, Gant returned to the bedroom and examined Vernell Crawford as she pretended to be- dead. Gant then fired the pistol behind the bed, striking six-year-old Dwayne Knox.

While Gant chased and shot Edis, her mother, Eva went out the front door of the house. Gant apprehended 78-year-old Eva, and as she prayed and pled for her life, he shot her at least four times. After shooting Eva, Gant reentered the house, stating, “All right Carol, it is your turn now, [sic] it is your turn.” Gant attempted to open the bedroom closet door and said, “I know you are in there, I am going to find you.” Thereafter, Gant heard police sirens and fled.

The police discovered Eva Knox, bleeding but still alive, lying on the threshold of the front door. Inside the home in the bedroom, the police found Vernell Crawford and Dwayne Knox suffering from gunshot wounds. On the enclosed back porch, Edis’ body displayed no signs of life. A July 31, 1985, autopsy performed on Edis revealed that she died as a result of multiple gunshot wounds. Two .38 caliber bullets were recovered from her body. The police determined that the bullets were fired from Gant’s .38 caliber revolver. Vernell Crawford and Dwayne Knox recovered from their injuries.

Eva Knox’s treatment for multiple gunshot wounds included surgery, during which two bullets were recovered. Her left leg was placed in a full leg cast due to a broken tibia. Eva’s tibia was broken by the gunshot. On August 20, 1985, the hospital discharged Eva Knox, and she continued her recuperation at home.

At the time of her discharge, Eva took Diazide and Aldomet for hypertension. Prior to being shot, Eva was in good health, suffering only from high blood pressure. Upon her return home, on August 20, 1985, Eva Knox was sick, unable to eat or walk. Ultimately, on September 7, 1985, Eva was transported by paramedics to the emergency room at Englewood Hospital and died.

On September 8, 1985, Doctor Yuksel Konaki, a forensic pathologist and an assistant Cook County medical examiner, performed an autopsy on Eva Knox. Dr. Konaki opined within a reasonable degree of scientific certainty that Eva Knox died as a result of pulmonary embolism due to thrombophlebitis as a consequence of multiple gunshot wounds. Specifically, Eva Knox’s immobility caused blood to stagnate in the deep veins of her legs. The stagnant blood formed blood clots in the deep veins of her legs. The blood clots dislodged, traveled to her lungs, lodged in the primary blood vessels or pulmonary arteries and caused her death. On cross-examination, Doctor Konaki testified that Eva’s heart was normal in size and the blood vessels of the heart were open; there was no arteriosclerosis. Doctor Konaki recovered two .25 caliber bullets during the autopsy.

As previously stated, the jury found Gant guilty of two counts of murder, two counts of attempted murder and home invasion. The court sentenced Gant to natural life for the murder convictions, 30 years for home invasion and 15 years for each attempted murder conviction, with all sentences to be served concurrently.

Gant’s first argument on appeal is that his conviction for the murder of Eva Knox should be reversed where the State failed to prove beyond a reasonable doubt that his acts caused Eva Knox’s death. We disagree.

The criminal acts of a defendant need not be the sole and immediate cause of death. (People v. Brackett (1987), 117 Ill. 2d 170, 176, 510 N.E.2d 877, 880.) When the criminal acts of the defendant have contributed to a victim’s death, the defendant may be found guilty of murder. (Brackett, 117 Ill. 2d at 176.) Causation is a question of fact for the trier of fact. (People v. Wilks (1988), 175 Ill. App. 3d 68, 74-75, 529 N.E.2d 690, 694.) A reviewing court will not disturb that determination unless the evidence is so unreasonable, improbable, and unsatisfactory as to leave a reasonable doubt as to defendant’s guilt. (Wilks, 175 Ill. App. 3d at 75.) A reasonable doubt does not exist merely because other factors may have contributed to the victim’s death or because a person without the victim’s medical history might not have died from the trauma.

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Cite This Page — Counsel Stack

Bluebook (online)
559 N.E.2d 923, 202 Ill. App. 3d 218, 147 Ill. Dec. 583, 1990 Ill. App. LEXIS 1213, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-gant-illappct-1990.