People v. Garrett

928 N.E.2d 531, 401 Ill. App. 3d 238, 340 Ill. Dec. 532, 2010 Ill. App. LEXIS 243
CourtAppellate Court of Illinois
DecidedMarch 26, 2010
Docket1-08-3499
StatusPublished
Cited by16 cases

This text of 928 N.E.2d 531 (People v. Garrett) 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. Garrett, 928 N.E.2d 531, 401 Ill. App. 3d 238, 340 Ill. Dec. 532, 2010 Ill. App. LEXIS 243 (Ill. Ct. App. 2010).

Opinion

JUSTICE LAVTN

delivered the opinion of the court:

In this case, we consider the appeal of a robbery getaway driver who was convicted of first-degree murder on a theory of accountability after an employee in the targeted store was found shot to death by a gun that was never recovered. Following a jury trial, defendant Shawn Garrett was found guilty and sentenced to 36 years’ imprisonment. On appeal, defendant contends that: (1) he was not proven guilty beyond a reasonable doubt; (2) the trial court erred by refusing to suppress his videotaped statement; and (3) his sentence was excessive. Because we ultimately reverse on defendant’s contention that he was not proven guilty beyond a reasonable doubt, it is unnecessary for us to address his remaining arguments. We will therefore recite only those facts necessary for our consideration of that single issue.

BACKGROUND

All of the facts of this case occurred on the southeast side of the city of Chicago, where all of the criminal protagonists lived and where the crime scene, a Family Dollar Store, was located. The victim, Marcel Hunt, was a stock manager at the Family Dollar Store on East 79th Street. He was shot and killed in the store on December 20, 2004. The State sought to prove that Shawn Garrett was guilty of first-degree felony murder under the theory of accountability for his role in the planning of a robbery of the Family Dollar. Garrett was romantically involved with Latonya Dextra, also known as Maria, a woman who worked at the discount store. Dextra’s daughter, Dollena, had a boyfriend named Demonte Bolden. Bolden and his brother, Demario had a cousin named Timothy Burton. These three teenagers socialized at Dextra’s house, which was located near the Family Dollar. Over the course of several meetings, Garrett and the others discussed various aspects of a planned robbery of the store, enlisting the inside assistance of his girlfriend and utilizing the young men to perform the actual robbery. Garrett himself was to contact the elder Dextra while she was working and determine a convenient time to rob the store, which would occur while Dextra was secreting herself in another part of the store.

According to Dextra’s daughter, on December 20, 2004, the Bolden brothers, Garrett and Burton were at her mother’s house sitting at a dining room table talking to each other. She did not hear the specific subject matter of the conversation, but Garrett told her that they were “about to go handle some business.” Approximately 30 minutes later, defendant returned in his car with Demonte Bolden and told Dollena to go to the Family Dollar to see what was happening. Dollena went to the store, saw that the police and an ambulance were there and then returned home. Dollena testified that she did not see defendant or any of the others with a gun that day.

Officer Tracy Rogers testified that at around 11:30 a.m. on the day of the incident, he happened to be on patrol in the vicinity of the Family Dollar on 79th Street. As he approached the store, an employee standing outside made a gesture suggesting that something was happening inside the store. Officer Rogers entered the store to investigate and he saw two individuals, at least one of whom he recognized and who were later identified as Burton and Demario Bolden, quickly exit. Officer Rogers followed them outside and called for them to stop. After Officer Rogers addressed the two, they “grabbed their sides and stuff, and then they took off running.” Officer Rogers did not actually see any guns at the time, but testified that he “believed” they may have been carrying guns because of the way they grabbed the sides of their pants.

After the two ran, Officer Rogers immediately called for backup and pursued them on foot. During the chase, Officer Rogers lost sight of the two at various times, but at one point he saw Demario Bolden climbing over a fence with a gun in his hand. Officer Rogers momentarily lost sight of him, but after turning a corner, he saw that two other officers had apprehended Demario and that there was a gun on the ground. On cross-examination, Officer Rogers admitted that he never saw defendant Garrett on the day of the incident, saw no illegal conduct occurring in the Family Dollar and heard no gunshots coming from the store.

Officer Theresa Almanza testified that she responded to Officer Rogers’ call for assistance and assisted in the pursuit. She obtained a description of an individual to pursue, whom she later learned was Demario Bolden, and eventually located him. As she approached him, she saw a gun in his hand and ordered him to drop it. He complied and was placed into custody by Officer Almanza’s partner. During cross-examination, Officer Almanza admitted that she never saw Demario shoot the gun, commit armed robbery or threaten anyone for money.

Officer John Jackson testified that he received a call for assistance from Officer Rogers, prompting him to respond. As he approached the area of the incident, he saw Officer Almanza and other officers placing Demario Bolden into custody. While this was happening, Officer Jackson retrieved and later inventoried the gun. He testified that when he inventoried the gun, he marked it with his initials to allow him to identify it later. During trial, however, Officer Jackson could not find his initials on the gun when he was asked to identify it, although he still believed it was the same gun he had recovered.

Detective John Otto testified that on December 20, 2004, he was assigned to investigate the victim’s murder and went to the Family Dollar. While at the store, he proceeded to a storage area in the rear of the store where he saw the victim’s body blocking a bathroom that Maria was in. Detective Otto was eventually able to briefly speak with Maria and at that time believed she was a witness. Detective Otto also interviewed Douglas Herd, the manager at the store on the day of the incident, who related that no one had demanded or threatened him with a gun for money.

Little else transpired for the next three months until March 16, 2005, when Burton appeared for a court date on an unrelated matter. Detective Otto learned of this ahead of time and was able to speak with him. After speaking with him, Detectives Otto, Sandoval and Ayers proceeded to a residence located at 8210 South Muskegon Avenue. Detectives Otto and Ayers went to the front of the residence where they spoke with Maria, who agreed to go to the police station.

Detective Sandoval testified that when he arrived at the residence on South Muskegon, he approached the rear of the residence from an alley and saw defendant walking out the back gate. Defendant agreed to accompany Detective Sandoval to the police station, where defendant was arrested and given his Miranda rights. At some point, Detective Sandoval searched defendant and found a note with the word “safe” next to a group of numbers, as well as various names (including Maria’s) and other numbers. It was later discovered that the “safe” numbers were codes for a safe at another Family Dollar Store where Maria had been transferred after the killing of Marcel Hunt.

During his first conversation with the detectives, defendant denied any involvement in the victim’s murder but said that he had heard that Burton and the Bolden brothers had planned to rob the Family Dollar on 79th Street.

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Cite This Page — Counsel Stack

Bluebook (online)
928 N.E.2d 531, 401 Ill. App. 3d 238, 340 Ill. Dec. 532, 2010 Ill. App. LEXIS 243, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-garrett-illappct-2010.