People v. Garner

618 N.E.2d 753, 248 Ill. App. 3d 985, 188 Ill. Dec. 183, 1993 Ill. App. LEXIS 918
CourtAppellate Court of Illinois
DecidedJune 21, 1993
Docket1 — 90—2278
StatusPublished
Cited by14 cases

This text of 618 N.E.2d 753 (People v. Garner) 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. Garner, 618 N.E.2d 753, 248 Ill. App. 3d 985, 188 Ill. Dec. 183, 1993 Ill. App. LEXIS 918 (Ill. Ct. App. 1993).

Opinion

JUSTICE O’CONNOR

delivered the opinion of the court:

On August 25, 1989, the body of William Winston was found stabbed to death in the kitchen of his house at 2846 West Taylor Street in Chicago. Acting on a tip, police arrested defendant, Clevester Garner, as he was driving the victim’s missing automobile. At the conclusion of the ensuing trial, a jury convicted defendant of murder and armed robbery, and the State sought the death penalty. Defendant waived his right to a jury for the subsequent sentence hearing, and the circuit court ultimately found him eligible for the death penalty. However, noting several mitigating factors, the court declined to impose the sentence of death and ordered defendant imprisoned for the rest of his life without the possibility of parole. Defendant also received a 60-year term for the armed robbery, with the sentences to run concurrently. This timely appeal followed.

We affirm.

Police discovered Winston’s body on August 25, 1989. No money was found either on the victim or on the premises. The right pocket of Winston’s trousers, however, had been turned “inside out.” An autopsy revealed that Winston had been stabbed 27 times, primarily in the chest, back, and scalp, and had been dead for about two days.

The State’s principal witness was defendant’s sister, Delores Garner. At trial, Delores stated that she had met Winston through her friend, Ella Langford, with whom Delores lived at the time. Delores swore that she spent the night of August 23, 1989, with Lucius Smith and did not return to Langford’s house until 1 p.m. the next day. Delores maintained that she knew nothing about Winston’s death.

Delores, however, admitted that, on August 26, 1989, she told detectives investigating Winston’s death that she and Winston had been dating for several months prior to his death and that Winston often gave her money in return for sex. Delores admitted that she further told detectives that she went to Winston’s house with defendant and a woman named “Brenda” on August 23, 1989 at 7 p.m. Brenda performed a “sex show” for which she received some money from Winston. Winston put the remainder of his money in his pants pocket. Brenda then left. Winston asked Delores for sex, but she refused. Delores told police that, at that time, defendant “got up into” Winston’s face and said, “I thought you were going to help me get on my feet.” Winston and defendant argued and went into the kitchen. Delores saw defendant “come up with” a knife and stab Winston in the chest several times. Delores became frightened and fled.

Delores also told detectives that she returned to Winston’s home two days later with two friends. Delores climbed through a front window, which she had unlatched on the night of the murder. The house was “disturbed,” and Delores took some change and ran away.

Delores also admitted that she met Assistant State’s Attorney Michelle Katz at the police station on August 27, 1989, and informed Katz that Winston had told her that he would help defendant by giving him money. Delores told Katz that she related Winston’s offer to defendant and that defendant accompanied her and Brenda to Winston’s home in order to get some money from Winston. Defendant and Winston fought at the house because defendant wanted money and because Winston had called Ella Langford a “bitch.” During her testimony, Delores identified a signed summary of her conversation with Katz, which was later introduced into evidence. Delores further admitted testifying to the same facts before a grand jury on August 28, 1989.

During cross-examination, Delores confessed that she smokes marijuana and takes heroin. In December 1989, she was hospitalized for opiate withdrawal syndrome. Delores denied ever having sex with Winston. She maintained that Winston gave her money when she asked for it. Delores stated that she originally told detectives that she knew nothing about Winston’s death, but they elbowed her, slapped her, and yelled at her. When she finally gave a statement, she was treated better and given food. Delores was kept in police custody until she testified before the grand jury and was threatened that if she did not testify to the truth she would be charged with murder.

On redirect examination, Delores conceded that she never told the assistant State’s Attorney about the mistreatment she claimed to have suffered at the hands of the police. Delores stated that she loved her brother and would say anything to help him. When asked by defense counsel if she would say anything to save herself, Delores replied that she had “no reason” to save herself.

Mary Jamison testified that she, Barbara Thomas, and Delores met on August 25, 1989, in order to celebrate Mary’s birthday. The three women went to a liquor store where Delores made a telephone call. When she returned, Delores stated that “her friend” had told her to “come up and pick up $40.” The group then walked to Winston’s house on Taylor Street. Delores told them that the “guy” was supposed to give her $40. When they reached the front porch, Delores neither knocked on the door nor rang the doorbell, but, instead, climbed through a window. At that time, Jamison and Thomas left the premises. As they started to leave, Delores ran up behind them with change “falling from her clothes.” When Jamison asked Delores why she was running, Delores replied, “when you do the devil’s work, this is what will happen to you.” The group returned to Jamison’s apartment, where they stayed all night. Delores eventually spent the night at Jamison’s mother’s apartment, next door to Jamison’s apartment. Neither defendant nor defendant’s brother, Marvin Williams, was at Jamison’s apartment on August 26, 1989.

Marvin Williams testified that, on August 25, 1989, he met defendant while Williams was going to pick up his paycheck. Defendant, who was standing next to a white car, asked Williams if he wanted a lift. When Williams asked where defendant had gotten the car, defendant replied, “don’t worry about that, that's my friend’s uncle’s car.” Defendant took Williams to get the check and later dropped him off at a friend’s home. Williams identified a photograph of the car in which defendant rode as belonging to Winston.

On August 26, 1989, Williams was at Jamison’s mother’s apartment when he was told that his sister was in jail for killing a man. Williams went into the hallway, where he saw defendant, and asked him what was going on. Defendant told Williams that Delores “was supposed to have stabbed this guy.” She “couldn’t finish so he [defendant] finished it.” Marvin denied that he was using “PCP” on that date.

Ella Langford testified that she had known Winston for 12 years and that Delores lived at Langford’s home at the time of the murder. Winston and Delores were seeing each other, and Winston sometimes gave Delores money because “they were going together.” On August 23, 1989, Delores left the house at 8:30 p.m. and did not return until 11:30 the next morning. Lucius Smith repeatedly stopped by the Langford house on the night of the 23rd, looking for Delores. On August 25, 1989, Langford learned that Winston had been stabbed. Following a conversation with Marvin Williams, Langford called police and told them that defendant was in a car “by the projects.”

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

Related

People v. Wade
2020 IL App (2d) 160753-U (Appellate Court of Illinois, 2020)
People v. Strickland
2019 IL App (1st) 161098 (Appellate Court of Illinois, 2020)
People v. Echols
Appellate Court of Illinois, 2008
People v. Richmond
Appellate Court of Illinois, 2003
People v. Ramos
Appellate Court of Illinois, 2000
People v. Moore
689 N.E.2d 1181 (Appellate Court of Illinois, 1998)
People v. Brandon
669 N.E.2d 1253 (Appellate Court of Illinois, 1996)
People v. Biro
636 N.E.2d 803 (Appellate Court of Illinois, 1994)

Cite This Page — Counsel Stack

Bluebook (online)
618 N.E.2d 753, 248 Ill. App. 3d 985, 188 Ill. Dec. 183, 1993 Ill. App. LEXIS 918, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-garner-illappct-1993.