People v. Gibson

553 N.E.2d 1128, 197 Ill. App. 3d 162, 143 Ill. Dec. 142, 1990 Ill. App. LEXIS 567
CourtAppellate Court of Illinois
DecidedApril 24, 1990
DocketNo. 2—88—0862
StatusPublished
Cited by2 cases

This text of 553 N.E.2d 1128 (People v. Gibson) 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. Gibson, 553 N.E.2d 1128, 197 Ill. App. 3d 162, 143 Ill. Dec. 142, 1990 Ill. App. LEXIS 567 (Ill. Ct. App. 1990).

Opinion

JUSTICE WOODWARD

delivered the opinion of the court:

Defendant, Earlene Gibson, was convicted of first-degree murder of her daughter, Joushuland (Josh), and the trial court sentenced her to 40 years’ incarceration. Defendant appeals, contending the trial court erred in refusing to instruct the jury on involuntary manslaughter; that certain rebuttal testimony should not have been allowed; that she was denied the effective assistance of counsel; and that the court below did not consider proper factors in sentencing her.

The State began its case with the testimony of police and emergency personnel who described their observations as they arrived at defendant’s home on February 18, 1988. Mark Marty of the Freeport police department noted that, when he arrived at the house, there was blood on the stairs leading up to the second story, in the living room, and on the handset of the telephone in the dining room. Lying next to that phone was a knife with a six-inch blade which had blood on it. The knife was subsequently received into evidence as that which killed Josh.

Officer James Teasdale related that when he arrived in the upstairs bedroom he saw the emergency personnel who were working on Josh and three family members. When he asked what had happened, he was told by defendant that Josh had fallen on a knife in the kitchen. He further noted that he had not seen any blood in the kitchen.

Defendant’s son, Jelcrinis, testified that on the night of February 18, his father, James Gibson, and he had received a telephone call from defendant at their home. As Jelcrinis and his father listened on separate extensions, defendant told them that Josh had fallen on a knife, then turned to her and said, “Oh mommy, I’m stabbed.”

James Gibson, defendant’s ex-husband, testified that he and defendant were the parents of Josh and Jelcrinis. Upon their divorce, James received custody of both children, but in 1986, Josh had moved in with her mother. He stated that on February 18, defendant told him over the telephone that Josh had been making a sandwich in the kitchen and had been playing with the knife, and had then told defendant that she had hurt herself.

Defendant’s second daughter, Sessecla Greer (Sessie), who was 10 years old, testified that in the early evening of February 18, she was at home with her mother, her sister, and her mother’s boyfriend, James Brooks. Sessie was lying on the living room floor; James was upstairs; Josh was sitting on the couch in the dining room; and defendant was sitting at the dining room table.

Sessie and her mother had an argument. Defendant went into the living room and hit Sessie on the back of the head. Josh intervened on Sessie’s behalf, and then Josh and defendant began to argue and then to fight, each holding the other by her clothing. At this point, Sessie was standing halfway up the stairs, which led to the second-floor bedrooms. She said that she saw her mother let go of Josh, go into the kitchen, and return with a knife in her hand. Sessie ran upstairs to get Brooks’ help. She then heard Josh say, “Bird [Brooks’ nickname], she stabbed me.” Sessie ran down the stairs and saw defendant standing with a knife in her hand. Josh was in the corner at the bottom of the steps, and then she ran upstairs to defendant’s bedroom. Sessie followed her. There were confused efforts to phone for help, and, that having been accomplished, defendant went to Josh and covered her.

Later that night, Sessie told Assistant State’s Attorney Bald that Josh had run into the knife which her mother had been holding. On the stand, Sessie denied the truth of that original story. She stated that, at the hospital, she had been instructed by her mother to say that they had been cutting ham and playing around and that Josh had slipped on the knife. However, on the night before the trial, Sessie had a conversation with the prosecutor in which she notified him that she would testify to a different version of events than those which she had related to him on February 18.

Dr. Larry Blum testified that he is the pathologist who performed the autopsy on Josh. He concluded that the wound which was the cause of death tracked from the top of the left breast down, from left to right, and from front to back. The wound was 6V2 inches long, and passed through the heart, the diaphragm, and into the liver. Blum further stated that if a person had fallen on the knife with sufficient force to cause this particular wound, he would expect to see bruising around the wound from the hilt of the knife. There were no such marks on Josh’s body.

Defendant’s boyfriend, James Brooks (Brooks), testified on her behalf. He stated that on February 18, Josh and defendant were teasing one another and “tussling.” Sessie had been involved in some trouble at school. Defendant was angry with Sessie for lying about it and hit the child on the head. Josh intervened on Sessie’s behalf, and the children tussled with defendant again. Brooks broke them apart and accompanied Sessie and Josh upstairs. Josh went to her room to watch television for 10 or 15 minutes. Brooks was in his own room, also watching television. Defendant remained downstairs.

After 10 or 15 minutes, Josh went back downstairs, saying that she had one more thing to say to her mother. The next thing he knew, Josh came back upstairs, told him, “I’m stabbed,” and asked him to call an ambulance. She then fell to the floor. Defendant came in, held Josh in her arms, and said that she had not meant to hurt her baby. They put a blanket under her head, and then the ambulance arrived.

Defendant testified that Josh was 18 years old at the time of her death. On the evening in question, defendant and her daughters, Josh and Sessie, were sitting in the dining room. Defendant was teasing Josh about a letter which she had received. Defendant had snatched the letter away, and Josh was angry with her.

Defendant was angry with Sessie over an incident which had occurred at school. Sessie had moved into the living room, where defendant could not see her. She could see Josh, and Josh could see Sessie. As defendant was talking, she saw that Josh was making faces of disapproval. Then defendant leaned over and saw that Sessie was smiling at Josh. This angered her, and she slapped Sessie. Josh immediately intervened, placing herself between defendant and Sessie, and pushed defendant away. Josh then grabbed defendant’s shirt and continued to shout at her to leave Sessie alone. Brooks then came along and sent the girls upstairs.

Defendant went to the kitchen to prepare sandwiches and, wondering who was eating and how they wanted their food prepared, went into the dining room. The ham was on the front porch, and she needed to get it. She was carrying the knife in her right hand as she crossed the room; her arms were folded. She could hear Josh calling her. Josh then ran into the room, bumped defendant, and knocked her off balance. Defendant uncrossed her arms, trying to regain her balance. She told Josh to stop and walked away.

Josh said, “I’ve been stabbed,” but defendant did not believe her. Josh walked toward the staircase and collapsed against the wall. Then defendant saw that she was bleeding. Josh proceeded up the stairs.

Defendant tried to telephone for help from the dining room but had trouble getting the phone to work.

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Related

People v. Rodgers
626 N.E.2d 260 (Appellate Court of Illinois, 1993)
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562 N.E.2d 325 (Appellate Court of Illinois, 1990)

Cite This Page — Counsel Stack

Bluebook (online)
553 N.E.2d 1128, 197 Ill. App. 3d 162, 143 Ill. Dec. 142, 1990 Ill. App. LEXIS 567, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-gibson-illappct-1990.