People v. Gilbert

550 N.E.2d 1183, 194 Ill. App. 3d 184, 141 Ill. Dec. 137, 1990 Ill. App. LEXIS 94
CourtAppellate Court of Illinois
DecidedJanuary 26, 1990
Docket1-87-0982
StatusPublished
Cited by6 cases

This text of 550 N.E.2d 1183 (People v. Gilbert) 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. Gilbert, 550 N.E.2d 1183, 194 Ill. App. 3d 184, 141 Ill. Dec. 137, 1990 Ill. App. LEXIS 94 (Ill. Ct. App. 1990).

Opinion

JUSTICE McNAMARA

delivered the opinion of the court:

Defendant, James Gilbert, was jointly indicted with codefendants, Kenneth Thompson and Davey Luster, for murder and armed robbery. Defendant’s trial was severed from his co-defendants’. After a jury returned a guilty verdict of armed robbery against defendant, the trial court entered judgment on the verdict and sentenced defendant to 20 years’ imprisonment. Defendant appeals, contending that he was not proved accountable for armed robbery beyond a reasonable doubt; that the trial court erred in denying his motion to have his codefendants barred from the courtroom during his testimony; that the trial court erred in permitting the prosecutor to misstate the law regarding accountability; that the trial court improperly considered the victim’s death when imposing sentence; and that the evidence obtained as a result of defendant’s initial stop should have been suppressed because the police officers lacked any specific information justifying their action.

The following facts were adduced at trial. Juan Garcia testified that on October 8, 1985, he was walking at 50th and Ashland, across the street from a laundromat. He observed Luster and Thompson in the laundromat. Luster was holding Clayton Wilbourne, and Thompson was pointing a gun at Wilbourne’s head. Wilbourne appeared to struggle, and Thompson shot him. Luster then went through Wil-bourne’s pockets, and he and Thompson left the laundromat, walking toward Marshfield. The men went to the alley, where they were joined by defendant. At a lineup conducted later that evening, Garcia identified Thompson and Luster.

Gayle Jeropke testified that as she stepped out of a car at 50th and Ashland, two men passed her as they headed down the street toward Marshfield. As she approached the alley, a third man, whom she identified as defendant, emerged from the alley and bumped into her. Jeropke continued walking until she reached the corner. She then returned and saw defendant and the two other men talking.

Jeropke entered a tavern on the corner and asked for Wilbourne. She was informed that he was at the laundromat closing up. She went to the laundromat, where she found Wilbourne lying on the floor in a pool of blood. (It was stipulated that Wilbourne died of a gunshot wound.) Jeropke returned to the tavern and told the patrons to call the police. She then returned to the laundromat. Jeropke told the police about the two men who had passed her and the third man who came out of the alley and bumped into her. She gave them a description of defendant.

Officer Thomas Glynn testified that at 8 p.m., he was alerted over his radio that three men had just fled from a shooting at 50th and Ashland. The caller provided a description of one of the men as a black male, with short hair, 5 feet 9 inches tall, 160 pounds, and wearing a black jacket. Glynn patrolled the area and noticed three men, defendant and his codefendants, crossing the street at 51st and Wood. Glynn and his partner drew their weapons and ordered the men to stop. They searched the three men, but recovered nothing linking them to the laundromat incident.

The officers placed the three men into a squadrol and brought them to the laundromat. The men were taken out of the squadrol, and Jeropke identified them. Later that evening, Jeropke viewed a seven-man lineup conducted by Detective Thomas Ptak. She identified all three men again. At that time, she told the detectives that defendant was not wearing the same coat he had been wearing on the street. She informed the detectives that the offender sitting next to him was wearing the coat.

Following the lineups, Ptak read defendant his rights and told him that he had been identified. Ptak asked defendant about the coat, and defendant stated that he and Luster had changed coats in the squadrol because he did not want to be identified. Defendant stated that he and his codefendants had planned a robbery earlier in the day. He said they had walked down Ashland and arrived at the laundromat store front. Defendant watched codefendants walk into the laundromat. He continued to the back of the laundromat and remained in the alley. After a few minutes, he heard a gunshot. He then walked out of the alley, and as he reached the alley mouth, Thompson walked by and said, “I just killed someone.” The three men then fled westbound on 50th Street. Ptak did not take any notes during this conversation with defendant.

Assistant States’ Attorney Michael Gerber spoke with defendant at Area 3 Headquarters. Following that conversation, he called for a court reporter and took a statement. In that statement, defendant repeated what he had told Officer Ptak.

At the close of the State’s case, defense counsel expressed defendant’s reluctance to testify in • the presence of codefendants. Defendant then rested without testifying.

Defendant first contends that his actions prior to and during co-defendants’ armed robbery and murder of Wilbourne did not constitute aiding and abetting and, therefore, that he improperly was found guilty of armed robbery on an accountability theory. Defendant argues that his presence outside the laundromat and his subsequent flight from the scene after hearing shots are not sufficient factors to make him accountable for the crimes carried out inside the laundromat by codefendants.

When a defendant has solicited, aided, abetted or agreed or attempted to aid another in the planning or commission of an offense with the intent to promote or to facilitate the commission of the offense, he is legally accountable for the conduct of another. (Ill. Rev. Stat. 1985, ch. 38, par. 5 — 2(c).) However, presence at the scene of a crime coupled with subsequent flight, without more, does not establish accountability. (People v. Lopez (1979), 72 Ill. App. 3d 713, 391 N.E.2d 105.) Nonetheless, one may aid and abet without actively participating in the overt act. (People v. Johnson (1966), 35 Ill. 2d 624, 221 N.E.2d 662; People v. Ray (1979), 80 Ill. App. 3d 151, 399 N.E.2d 977.) That is, evidence that an individual was present at the scene of a crime without disapproving or opposing it can be considered together with other circumstances in determining whether that individual should be held accountable. People v. Underwood (1982), 108 Ill. App. 3d 846, 439 N.E.2d 1080; People v. Torres (1981), 100 Ill. App. 3d 931, 427 N.E.2d 329.

We believe that the evidence here was sufficient to prove defendant guilty of robbery under an accountability theory. In a statement taken before a court reporter, defendant told the assistant State’s Attorney that the three men planned the robbery of the laundromat that afternoon at an apartment. Defendant’s statements demonstrate his participation in planning the robbery. Furthermore, his presence with his codefendants at the scene and his flight with them after the incident demonstrate his acquiescence in the execution of the robbery. Finally, defendant not only fled with his codefendants, but also changed jackets with one codefendant to avoid detection.

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Cite This Page — Counsel Stack

Bluebook (online)
550 N.E.2d 1183, 194 Ill. App. 3d 184, 141 Ill. Dec. 137, 1990 Ill. App. LEXIS 94, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-gilbert-illappct-1990.