People v. Goliday

584 N.E.2d 432, 222 Ill. App. 3d 815, 165 Ill. Dec. 253, 1991 Ill. App. LEXIS 2040
CourtAppellate Court of Illinois
DecidedDecember 6, 1991
DocketNo. 1—88—3195
StatusPublished
Cited by3 cases

This text of 584 N.E.2d 432 (People v. Goliday) 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. Goliday, 584 N.E.2d 432, 222 Ill. App. 3d 815, 165 Ill. Dec. 253, 1991 Ill. App. LEXIS 2040 (Ill. Ct. App. 1991).

Opinion

PRESIDING JUSTICE RAKOWSKI

delivered the opinion of the court:

After a jury found defendant-appellant Jerry Goliday guilty of murder, he was sentenced to a term of imprisonment of 24 years. Defendant raises a number of issues on appeal, including: (1) whether the use of an erroneous voluntary manslaughter instruction at defendant’s trial requires this court to reverse defendant’s conviction and order a new trial; and (2) whether the State failed to disprove the affirmative defense of self-defense beyond a reasonable doubt. We reverse defendant’s conviction and remand for a new trial.

The following testimony was elicited at trial. Defendant’s girl friend, Salen Holman, lived with her mother, Ruthie May Jenkins, her child (by defendant), her brother, Dwayne Holman, and the victim, Ray Dennis, at Dennis’ apartment.

Salen testified that on June 15, 1987, when she and defendant talked in the bedroom, defendant became increasingly angry when she told defendant that they could not get back together. According to Salen, defendant was drinking vodka and said “let me finish drinking my stuff because I am fixing to kick some ass.” Defendant then began tugging at her shirt, and slapped her in the face. When the victim came into the room, he grabbed defendant’s arm and Salen got away. Defendant chased her, swinging the bottle of vodka at her. Salen left the apartment, but defendant caught her on the street and after threatening to cut her face with the bottle, dragged her by the hair back to the apartment.

When they got to the front door, defendant proceeded into the unit, while Salen stayed outside for five or six minutes. Salen then said she observed the victim slumped over and coming up the stairs with defendant almost on his back, stabbing him with a knife several times. Salen and her brother then ran out of the apartment and flagged down a police car. When Salen returned to the apartment, she saw the victim on the bed with her mother wiping his head with a towel.

Dwayne Holman testified that when defendant came back to the apartment, defendant .punched the victim in the head, causing the victim to collapse. Dwayne ran to the dresser and got a knife and he and defendant tussled, during which time Dwayne stabbed defendant three times. After defendant had been cut, Dwayne dropped the knife to the floor. Defendant picked it up and then stabbed the victim twice in the head as the victim was walking to his bedroom. The victim tried to get out the door, but defendant jumped on the victim’s back and continued to stab him in the head. Dwayne then grabbed his sister, and they ran until they saw a squad car. Dwayne acknowledged on cross-examination that he never told the police that he had gotten the knife first. Dwayne Holman testified further that at the time of trial he was in the custody of the juvenile Department of Corrections at St. Charles. He was there for violation of probation and a parole hearing was forthcoming. His delinquent adjudications for theft, robbery and armed robbery were pointed out on cross-examination.

Ruthie May Jenkins, Salen’s mother and the victim’s girl friend, testified to substantially the same events as Salen and Dwayne. She said that when Dwayne woke her and the victim, she saw defendant chasing Salen with a bottle in his hand. She told Dwayne to call the police, but then defendant returned to the apartment and hit the victim in the eye. When the victim fell toward her at this time, she went to get a towel to wipe the blood. When she returned, defendant and the victim were outside of the apartment. The victim then staggered back into the apartment, bleeding. Ruthie tried to get the victim on the bed, but defendant came back in and repeatedly stabbed the victim in the head again. When she tried to go to the victim’s aid, defendant hit her, knocking her unconscious. Then, the police arrived. Ruthie did not inform the police that Dwayne was the first to get the knife, and she did not see Dwayne stab defendant although she did see defendant pick the knife up off the floor.

Chicago police officer Dennis Jackson testified that at about 6:40 a.m. on June 15, 1987, he saw two teenagers run up to his squad car and they informed him that there had been a stabbing at 427 East Oakwood. They proceeded to the location, where he observed the victim’s face covered with blood. An ambulance was summoned, the knife was pointed out to Jackson, and he was told that the offender was defendant. Jackson was also advised where defendant lived and what defendant was wearing.

Dr. Edmund R. Donoghue, a pathologist who performed the autopsy on the victim, testified that the victim died as a result of multiple stab wounds to the head, back, face and shoulders.

Chicago police officer Gil Erbacheo testified that on June 15, 1987, at about 7 a.m. he placed defendant under arrest. Defendant was able to walk on his own, but was brought to Provident Hospital. Defense counsel attempted to elicit from Officer Erbacheo what defendant had said at the time he was arrested, but the trial court disallowed the testimony. Likewise, defense counsel was not allowed to elicit from the officer whether defendant was given shots or pills at the hospital.

In his own behalf, defendant testified that early in the morning on June 15, 1987, defendant, who was 17 at the time, walked to Dennis’ apartment. Defendant had been there many times as a guest before. On this occasion, defendant was upset due to Salen having broken up with him two days before. Earlier in the evening, defendant had been drinking with a friend. Defendant arrived at the apartment at about 2:30 a.m., and was let in to the apartment by 16-year-old Dwayne Holman.

When defendant arrived, he found Salen, Ruthie May and Ray Dennis drinking in a bedroom. Defendant spoke with the group for about a half hour, and then defendant and Salen went into Salen’s bedroom to feed the baby. The conversation turned to why Salen had broken up with defendant. When Salen refused to explain the presence of a new necklace she was wearing, defendant slapped her more than once. The other individuals at the apartment came to the room, but Salen ran from the apartment with defendant following her. Defendant then pulled Salen back to the apartment.

According to defendant, when he reentered the apartment, the victim struck defendant on the left shoulder with a baseball bat. Defendant and the victim tussled with the bat, when Dwayne came at defendant from behind and stabbed him with a knife. Defendant punched Dwayne and Dwayne dropped the knife. The victim continued to swing at defendant with the bat. Defendant picked up the knife, rushed at Dennis and stabbed him once beneath the left shoulder. The two men then struggled over the knife, and the altercation moved to a bedroom. During the struggle, defendant stabbed the victim several more times. Defendant’s finger was cut, and he testified that he was fighting for his life. Eventually, the victim gave up.

Defendant then dropped the knife and ran from the apartment. When he got home, his mother saw that he was injured and called the police and an ambulance. The police came and took defendant to the emergency room at the hospital. Defendant testified that he was medicated at the hospital and went to sleep. Later, defendant was awake but still drowsy when he spoke with the police and an assistant State’s Attorney. Because defendant was so sleepy, he could not remember what he said at this time.

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

Related

People v. Outlaw
2021 IL App (1st) 190820-U (Appellate Court of Illinois, 2021)
People v. Hayes
961 N.E.2d 311 (Appellate Court of Illinois, 2011)

Cite This Page — Counsel Stack

Bluebook (online)
584 N.E.2d 432, 222 Ill. App. 3d 815, 165 Ill. Dec. 253, 1991 Ill. App. LEXIS 2040, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-goliday-illappct-1991.