People v. Grathler

858 N.E.2d 937, 306 Ill. Dec. 879, 368 Ill. App. 3d 802, 2006 Ill. App. LEXIS 941
CourtAppellate Court of Illinois
DecidedOctober 10, 2006
Docket5-05-0063
StatusPublished
Cited by26 cases

This text of 858 N.E.2d 937 (People v. Grathler) 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. Grathler, 858 N.E.2d 937, 306 Ill. Dec. 879, 368 Ill. App. 3d 802, 2006 Ill. App. LEXIS 941 (Ill. Ct. App. 2006).

Opinion

JUSTICE HOPKINS delivered

the opinion of the court:

On appeal from his convictions for residential burglary (720 ILCS 5/19 — 3(a) (West 2004)) and attempted aggravated criminal sexual assault (720 ILCS 5/8 — 4(a), 12 — 14(a)(4) (West 2004)), the defendant, Jerry Grathler, argues that the State failed to prove his guilt beyond a reasonable doubt. We affirm.

BACKGROUND

On July 9, 2004, the defendant was arrested and charged with one count of residential burglary (720 ILCS 5/19 — 3(a) (West 2004)) and one count of attempted aggravated criminal sexual assault (720 ILCS 5/8 — 4(a), 12 — 14(a)(4) (West 2004)). The residential burglary charge alleged that the defendant had unlawfully entered C.E’s home “with the intent to commit therein an aggravated criminal sexual assault”; the attempt charge alleged that the criminal sexual assault was aggravated because it had been attempted “during the commission of a residential burglary.” See 720 ILCS 5/12 — 14(a)(4) (West 2004). On December 14, 2004, the cause proceeded to a bench trial, where the following evidence was adduced.

C.F. testified that she lived alone in a small house in Carrier Mills and was an experienced social worker with specialized training in matters related to violent crime and law enforcement. On July 9, 2004, at approximately 1 a.m., C.F. was awakened in her bed by the barking of her two small dogs. When she was unable to silence the dogs, she walked into the hallway of her home and saw “a very large figure” in her kitchen. Startled, C.F. let out “kind of a yelp.” The figure then approached C.F., and she saw that it was the defendant. C.F. testified that she “immediately recognized” the defendant because he grew up in her grandparents’ neighborhood.

The defendant was wearing a sweatshirt from C.F.’s basement and “carpenter jeans with no socks and no shoes.” The defendant was holding a thin rope and a long leather purse strap, and he came at C.F., grabbing at her hands. Employing tactics learned during the course of her career, C.F. kept her hands above her chest, referred to the defendant by his first name, and tried to “make a connection” with him and “act like everything was okay.” As the defendant grabbed her and tried to pull her near, C.F. “kept pulling away and saying no.” C.F. then backed into her living room, where the defendant followed her, lunged down onto one of her two couches, and repeatedly tried “to pull [her] on top of him.” The defendant grabbed at C.F.’s waist and “buttocks area” while trying to force her down. C.F. was wearing a nightgown, and she feared that the defendant was going to sexually assault her. As she struggled, C.F. continued to talk to the defendant and convince him that he did not “want to do this.” C.F. eventually managed to sit herself down on the couch across from the couch where the defendant was sitting. C.F. testified that a coffee table stood between the couches, and she wanted to engage the defendant in further conversation from a safe distance, in a nonthreatening manner.

C.F. testified that the defendant had an odor of alcohol about him but was “focused” and “able to answer questions” and “seemed to be thoughtful.” When C.F. asked the defendant if he was “on something,” he indicated that he was not. When C.F. asked the defendant why he was there, the defendant said that “he had seen [her] around and he found [her] sexually attractive” and that “he thought, well — ”; the defendant then mumbled something indiscernible, and C.F. immediately diverted the conversation “to something else.” When C.F. asked the defendant if anyone was with him, he advised that he was alone, and after announcing her intention to do so, C.F. quickly grabbed her robe from her nearby bedroom and covered herself with it. She then returned to the couch and continued to converse with the defendant. As the defendant spoke with C.F., he fidgeted with the rope in his hands, “maintaining off and on eye contact.” At one point, C.F. falsely claimed that her “ex-husband should be by any time.” The defendant apologized several times and indicated that he was probably “going to be in trouble.” Meanwhile, one of C.F.’s dogs had jumped onto her bed and was barking because it was unable or afraid to get down by itself. When C.F. noticed that the barking was “distracting” and “bothering” the defendant, she used the dog as an excuse to return to her bedroom, stating that she “better get that dog because if it falls off the bed it’s going to hurt itself.” Continuing her conversation with the defendant as she moved, C.F. went into her bedroom, grabbed the dog off the bed, took the bedroom telephone off the hook, and dialed 9-1-1. She then returned to the living room carrying the dog. Soon thereafter, C.F. claimed that she saw a car in front of her house and acted as if the car might be her ex-husband’s. She then walked to the front door, opened it, and saw a police car outside. At that point, she told the defendant that the police were there and she “ran out the door.”

Officer Mike Stover of the Carrier Mills police department testified that, on July 9, 2004, at approximately 1:50 a.m., he responded to an “open line” 9-1-1 call from C.F.’s residence in Carrier Mills. When Officer Stover drove by, he saw C.F. standing at the door talking to someone. When Officer Stover subsequently parked his patrol car in front of the house, C.F. exited the house looking frightened and hurried toward him. After C.F. recounted what had occurred, Officer Stover searched her home, but the defendant was gone.

Officer Stover’s investigation revealed that the defendant had entered C.F.’s home through a basement window. The window’s screen had been removed, and the window itself had been pried and pushed open. The rope that the defendant had been holding, which was tied “like a slipknot,” was found on the floor in front of the couch where the defendant had been sitting. The leather purse strap that the-defendant had been holding was found on the floor of the kitchen. In the basement, a leather purse with its straps cut off was found in an area where “a lot of the stuff had been moved.” A television cable wire had been pulled from somewhere and was also “out of place.” A black string attached to a silver ring was found near a table where a pair of size 14, black, laced tennis shoes was also discovered. A white T-shirt tied in a knot was found lying on top of C.F.’s washing machine. C.F. testified that the tennis shoes and T-shirt were not hers and had not previously been in her basement.

When Officer Steven Sloan arrived to assist Officer Stover, they canvassed C.F.’s neighborhood looking for the defendant. The defendant’s car was found parked a few blocks away from C.F.’s house, and early into the search, someone was observed approaching and then running away from the car.' At approximately 4:30 a.m., the defendant was apprehended at his grandmother’s house, where he was found asleep on her porch. When arrested, the defendant stated that “all [he had] done was open the window.” After later waiving his Miranda rights (Miranda v. Arizona, 384 U.S. 436, 16 L. Ed. 2d 694, 86 S. Ct.

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Cite This Page — Counsel Stack

Bluebook (online)
858 N.E.2d 937, 306 Ill. Dec. 879, 368 Ill. App. 3d 802, 2006 Ill. App. LEXIS 941, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-grathler-illappct-2006.