People v. Goins

515 N.E.2d 195, 161 Ill. App. 3d 541, 113 Ill. Dec. 386, 1987 Ill. App. LEXIS 3282
CourtAppellate Court of Illinois
DecidedSeptember 17, 1987
Docket85-3400
StatusPublished
Cited by4 cases

This text of 515 N.E.2d 195 (People v. Goins) 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. Goins, 515 N.E.2d 195, 161 Ill. App. 3d 541, 113 Ill. Dec. 386, 1987 Ill. App. LEXIS 3282 (Ill. Ct. App. 1987).

Opinions

JUSTICE LINN

delivered the opinion of the court:

Following a jury trial, defendant Gregory Goins was convicted of two counts of armed robbery and sentenced to concurrent terms of eight years’ imprisonment. He appeals, contending: (1) the police lacked probable cause to arrest him and the trial court erred in denying his motion to quash arrest; (2) his confession was tainted by the illegal arrest; (3) his confession was coerced and involuntary because police arrested his younger brother and put him in a cell next to defendant’s and thereby obtained a statement that he would not otherwise have given; and (4) there was only one act of armed robbery and his conviction on the second count should be vacated and the cause remanded for resentencing.

Background

On February 16, 1984, an armed robbery occurred at a Saxon paint store in Park Forest, Illinois. Before trial, Goins filed a motion to quash arrest and a motion to suppress statements.

At the hearing on the motion to suppress, Officer Theodore Peck testified that he was one of the officers who went to Goins’ home to arrest him. He had reviewed an investigative report prepared by another officer. The report contained a physical description of the suspects and the names “I.C.” and “Zeke” Goins as possible suspects, along with a possible address. Peck knew that Goins and his brother Michael fit the descriptions from prior contact with them and he was aware that their friends commonly referred to them as “I.C.” and “Zeke.” Peck’s information was that I.C. or Zeke had been seen in the vicinity of the paint store at the time of the robbery.

Peck and other officers went to the address listed in the report, which he knew to be Goins’, and saw him walking toward a parking lot in the apartment complex. He was arrested, given his Miranda warnings, and taken to the Park Forest police station.

According to Peck, at the station Goins denied knowledge of the armed robbery. No further conversation was held at that time and no one threatened or struck Goins. Peck further testified that the person who gave police information on the armed robbery suspects was a citizen of Park Forest with no criminal background.

Officer Maeyama testified that he was on duty the evening of February 17, 1984, when Goins called to him from the lockup. He said he wanted to talk. The officer reminded him that he had invoked his right to remain silent but Goins persisted. He said he understood his rights and waived them. Goins and Maeyama then had a conversation about the robbery of the paint store, after which Peck talked to Goins, also.

Michael Goins, the defendant’s brother, testified on behalf of the defense during the motion to suppress. He said that on February 17, 1984, police officers came to his house and asked him to accompany them to the police station. He testified that he was handcuffed even though he was going voluntarily.

At the station, Michael was questioned and then locked in a cell, having been charged with armed robbery of the paint store. When he realized that he was in a cell that adjoined that of his brother, he spoke with Goins. Michael told him what had happened and denied having anything to do with the robbery. Goins then told him not to worry and that he could get him out of the situation.

Goins called Officer Maeyama to the cell and gave him a statement confessing to the crime. He also stated to the police and an assistant State’s Attorney that he had not been coerced or threatened and that he made the statement in response to his conversation with his brother.

Michael was released after being put in a lineup.

Goins testified during his motion to suppress that he would not have made the statement if Michael had not been arrested and told he was going to be charged with a crime.

At the close of the evidence the court ruled that the statements were voluntarily made and accordingly denied the motion to suppress them.

Next, the motion to quash the arrest was presented. Further testimony revealed that Officer Peck and four others went to Goins’ apartment to arrest him and saw him walking in the parking lot. They did not have a warrant, nor did they observe him doing anything illegal. Their arrest, however, was based upon the information that they had received from an investigative report prepared by another officer who had investigated the incident the previous evening. Peck testified again as to the physical descriptions and other information he had gleaned from the investigative report.

At the close of evidence on the motion to quash, the court ruled that the officers had had probable cause to arrest Goins. The court commented that the physical description coupled with the names known to the officers gave them probable cause to arrest Goins.

The trial took place before a jury on August 5, 1985. Six witnesses testified on behalf of the State; the complaining witnesses, Lorie Vincent and Robert Vasquez; Officers Peck, Maeyama, and Hamilton; and Martin Reggi, the assistant State’s Attorney who took Goins’ statement. Their testimony can be summarized as follows.

At approximately 8 p.m. on February 16, 1984, Vincent and Vasquez were working at Saxon’s paint store. Vincent was working at a cash register when two black men walked in and asked her a question about paint. She and Vasquez were alone in the store. Vasquez talked to the two men, who' left shortly thereafter. Next, one of the men returned and put a gun in Vincent’s back, telling her that he “wasn’t fooling around” and that he wanted all of the money. Vincent gave him the contents of the register. At the direction of the man, Vincent opened the safe and the man started to remove the money. The second man also came over and started stuffing money into his pockets. Vincent testified that approximately $900 was taken in all.

While the two men were taking the money in Vincent’s presence, Goins was distracting Vasquez in the back of the store. Vasquez testified that he could not see Vincent and the other two men because his back was to them and he and Goins were in the back of the store.

The two men forced Vincent to accompany them outside of the store. The men ran south. Meanwhile, Vasquez and Goins had come to the front of the store with the items Goins had selected for purchase. Vasquez saw Vincent outside with two black males. He saw that the cash drawers were open and that the safe was opón and empty. He reached for the telephone but was afraid of Goins. Goins said he had forgotten his wallet and then left, walking fast in a southerly direction.

During a lineup, Vincent identified a man as the one who had held a gun in her back. She testified that she also recognized in the lineup the man she thought was the customer who was talking to Vasquez, and identified Goins in court as that man. Her identification of Goins was ultimately stricken. However, Vasquez identified Goins in a lineup and also from a police photograph.

Officer Peck testified as to his arrest of Goins. Officer Maeyama testified as to the conversation he had with Goins at the station when Goins called him over to make a statement.

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913 N.E.2d 171 (Appellate Court of Illinois, 2009)
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People v. Goins
515 N.E.2d 195 (Appellate Court of Illinois, 1987)

Cite This Page — Counsel Stack

Bluebook (online)
515 N.E.2d 195, 161 Ill. App. 3d 541, 113 Ill. Dec. 386, 1987 Ill. App. LEXIS 3282, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-goins-illappct-1987.