People v. Gant

599 N.E.2d 1086, 233 Ill. App. 3d 936, 175 Ill. Dec. 72, 1992 Ill. App. LEXIS 1246
Appellate Court of Illinois·Decided August 4, 1992·No. No. 1—89—0669·Published·Cited by 4 cases

Opinion

JUSTICE SCARIANO

delivered the opinion of the court:

After a bench trial, defendant Joseph Gant was found guilty of murder, armed violence, home invasion, aggravated unlawful restraint, and possession of a stolen motor vehicle. Because the court found that the evidence of guilt was overwhelming, and that the offense was accompanied by extensive brutal or heinous behavior indicative of wanton cruelty, it sentenced defendant to the custody of the Illinois Department of Corrections for an extended term of 65 years for murder, 30 years for armed violence, 7 years for possession of a stolen motor vehicle and 5 years for aggravated unlawful restraint, all sentences to run concurrently. A timely notice of appeal was filed.

The State’s evidence consisted mainly of defendant’s statements made to the police and to various acquaintances, admitting that he planned and participated in all of the offenses with which he was charged, except that of murder. Bartholomew Veal, with whom he had attended high school, testified that defendant asked him on July 26, 1986, if he wanted to “make some money” by breaking into the home of Derrick Wilkinson and Regina Dunn. Defendant also asked Veal if he had a gun, and told him that he could make $3,000. Veal declined to get involved. After the crime had been committed, defendant and his codefendant Irving Ramey asked Veal if he would sell certain stolen items for them, but he refused. Veal also testified that in mid-October, defendant called him to say “he didn’t know it was going to happen like that, and that he regretted” the way things had turned out, namely that Ramey had killed Wilkinson. Gerald Jackson, another of defendant’s acquaintances, testified that defendant had asked if he could borrow his handcuffs for the evening, and Jackson complied. He also identified the handcuffs which the police had retrieved from the crime scene as those that he had loaned to defendant.

Regina Dunn testified that on the night of July 31, 1986, she was awakened by a noise. While in her bed, someone jumped on her, pressed her head down, held a sharp object against her neck and said, “Don’t move, else I will kill you.” She then heard a second voice tell the first voice to shut up. The second voice also told her not to move or he’d kill her. One of the two voices told her “don’t move or I will kill your kids.” A pillow was placed over her face, thus making it impossible for her to identify visually either person; she was also handcuffed and tied to Wilkinson. During this incident, the only sound she heard from Wilkinson was his clearing his throat; she touched him but he said nothing.

After a few minutes, Dunn heard footsteps leave the bedroom and go downstairs; she then heard things being wheeled through the door downstairs.1 She later heard someone come up the stairs, switch on the bedroom light, get on the bed, turn her over, and remove the chain from around her neck. When Dunn heard no other noises, she removed the pillow from her face and saw that Wilkinson was handcuffed to her; she also noticed that she had been cut on the neck and was bleeding. She eventually struggled to the window and called for help, and when the police arrived, they found her sitting on the bed and Wilkinson lying in a pool of blood. Wilkinson was found to have no vital signs. The autopsy report listed the cause of death as a stab wound to the chest.

Hazel Crest police detective Gary Jones testified that shortly after the incident, the two stolen vehicles were found approximately two or three blocks from defendant’s girl friend’s apartment and that he had found a wooden-handled steak knife inside one of the cars. Defendant was arrested on November 25, 1986, and after having been given his Miranda warnings he told the police that he, Ramey and an unidentified third person had broken into Dunn’s residence. Defendant said he never went upstairs, and that his only role was to take the stereo and video equipment out to the cars; he wanted nothing to do with handcuffing and gagging any of the people in the house.

After making that statement, however, defendant told Jones that he had not told the whole truth and expressed a desire to make another statement concerning what had happened. In this second statement defendant said that he and Ramey planned to burglarize Dunn’s apartment a few days prior to the incident and that there was no third person involved. On the night of the break-in, he called Jackson and arranged to pick up a pair of handcuffs from his mailbox. Once in the apartment they proceeded upstairs. He jumped on Dunn, turned her face to the wall, and ordered her to be quiet; Ramey jumped on Wilkinson. Defendant held Dunn until Ramey had handcuffed both her and Wilkinson. Defendant then went downstairs and started disconnecting the stereo equipment. When Ramey came downstairs sometime later, he had blood on his hands. Defendant stated that he had not known Ramey was carrying a knife or that Ramey had stabbed Wilkinson. The two men proceeded to load the electronic equipment into the two cars, checking periodically on Dunn and Wilkinson. This second statement was reduced to writing by Detective Jones and was signed by defendant. He also gave a statement to Assistant State’s Attorney Maureen Hartón, taken by a court reporter, the content of which was comparable to the second one given to the police. Defendant and Ramey were tried separately.

I

In both his opening and closing statements, defense counsel admitted that defendant had committed the crimes of home invasion, armed violence, aggravated unlawful restraint, and possession of a stolen motor vehicle, but asked the court to find that his client was not accountable for Wilkinson’s death. Counsel’s theory of defense, as it was argued to the court, was that “Mr. Ramey, for reasons we will not know in this trial, undertook independent action, went upstairs for no apparent reason, because it was not in furtherance of the, if you want to call it, conspiracy or planned criminal conduct, which was to steal these items and sell them for money, for some reason [to] stab Mr. Wilkinson”—in sum, that Ramey committed an independent crime by killing Wilkinson.

After counsel had made the above-quoted opening remarks, the court had the following discussion with defendant and his counsel:

“THE COURT: I want to inquire of Mr. Rago [defense counsel], and I don’t mean to interfere at all in any strategy decisions or attorney-client situation, have you discussed the strategy of your case with Mr. Friel [co-counsel]?
MR. RAGO: Yes, Judge, over an extensive period of time, over the proposition [sic] of the trial, and more importantly last week as well as this form of indication to the form of the Court [sic] as well as the matters to which Mr. Gant wishes to address to the Court. Specifically again, this is without violation to attorney-client privileges, which is not to contest he in fact engaged in the actions which led to the home invasion and engaged in the actions of stealing not only the motor vehicles and the stereo equipment. Certainly he wished to contest before the Court any accountability for the killing of Mr. Wilkinson by Mr. Ramey.
THE COURT: Mr. Gant, is that correct? Have you discussed this with your attorney?
A. Yes, sir.

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People v. Gant, 599 N.E.2d 1086, 233 Ill. App. 3d 936, 175 Ill. Dec. 72, 1992 Ill. App. LEXIS 1246 (Ill. Ct. App. 1992).

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