People v. Green

535 N.E.2d 413, 179 Ill. App. 3d 1, 128 Ill. Dec. 902, 1988 Ill. App. LEXIS 1601
Appellate Court of Illinois·Decided November 14, 1988·No. 86-1019·Published·Cited by 28 cases

Opinions

JUSTICE MURRAY

delivered the opinion of the court:

After a bench trial, defendant Charles Green was found guilty of four counts of murder, aggravated arson, residential burglary, home invasion, armed robbery, and four counts of armed violence. He was sentenced to natural life imprisonment in the Illinois Department of Corrections. On appeal, defendant argues: (1) he was improperly tried and sentenced as an adult; (2) the trial court erred in denying his motion to quash his arrest; (3) he was not proved guilty beyond a reasonable doubt; and (4) the trial court abused its discretion in refusing to allow the admission of evidence indicating that persons other than he committed the offenses for which he was charged. For the reasons set forth below, we affirm.

On January 12, 1985, police officer Joe Deases, in responding to a fire call, discovered the burned bodies of Raynard Rule, Lauren Rule, and Yvonne Brooks in a second-floor apartment located at 458 North Hamlin Avenue in Chicago. The victims had been gagged and their hands tied behind their backs, Raynard Rule had been stabbed, and Lauren Rule and Yvonne Brooks had been shot. Deases also found Kim Brooks outside of the apartment building. She told Deases that one of her assailants attempted to shoot her, the bullet missed her and she had managed to free herself and escape from the apartment after her assailants left. Brooks, who was severely burned, was rushed to a hospital for treatment, but subsequently died on February 16.

The events leading up to the deaths of the victims, according to defendant’s grand jury testimony, consisted of the following. On January 12, at approximately noon, defendant, who was 16 years old at the time, met Derrick House in a “game room” at 750 North Lawn-dale in Chicago. Upon leaving the game room, defendant and House met Teddy Bobo. House and Bobo asked defendant if he would get Raynard Rule, whom defendant had known for three years, to open the burglar bars which were in front of the door to his apartment on the pretext that he wanted to buy some drugs. House gave defendant $25, defendant went to Rule’s apartment, went up to the door by himself and knocked, Rule answered and asked defendant what he wanted, defendant said he wanted to buy a bag of cocaine and told Rule he had $25 to pay for some, Rule opened the burglar bars, defendant stepped into the apartment, and immediately thereafter House and Bobo ran in after him. House grabbed Rule and put a pistol to his head and said something about money to him. House then took Rule to the kitchen while Bobo went into another room where three girls were sleeping on two mattresses. Bobo woke the girls up and tied them up with a brown extension cord. At that time defendant heard Rule yelling “No, no” in the kitchen. House came out of the kitchen shortly thereafter and went into the room where Bobo and the girls were. After talking with Bobo and the girls, House left the room, went back to the kitchen, and took Rule to a back bedroom, supporting him as they went. House then again went to the room where Bobo and the girls were, the girls “started to panicking [sic\” because they smelled smoke, which was coming from the back bedroom, and House told the girls not to worry about the smoke because the extension cord binding them was loose enough for them to free themselves and to get out of the apartment before it “started flaming.” Immediately thereafter House shot one of the girls, Bobo shot another, and House shot the third girl. Kerosene was poured over the girls and ignited by Bobo. Defendant, who had been standing inside the doorway of the apartment throughout this time, then ran out and went to the game room on Lawndale. He subsequently met House in the game room and House told him he had stabbed Rule.

Following a police investigation, defendant was implicated in the Rule murders, taken to a police station on February 5, taken before a grand jury on February 6, subsequently charged with the crimes set forth above, found guilty after a bench trial, and sentenced to natural life imprisonment. This appeal followed.

Defendant first argues that the trial court lacked jurisdiction to try and sentence him as an adult. We find defendant’s argument without merit. Section 2 — 7(6)(a) of the Juvenile Court Act (the Act) provides as follows:

“The definition of delinquent minor under Section 2 — 2 of this Act shall not apply to any minor who at the time of an offense was at least 15 years of age and who is charged with murder, aggravated criminal sexual assault, armed robbery when the armed robbery was committed with a firearm, or violation of the provisions of subsection 24 — l(a)(12) of the Criminal Code of 1961, as amended. These charges and all other charges arising out of the same incident shall be prosecuted pursuant to the Criminal Code of 1961, as amended.” (Emphasis added.) Ill. Rev. Stat. 1985, ch. 37, par. 702— 7(6)(a).

Here, defendant was 16 years old at the time he was charged with the murders of the victims, as well as the other offenses arising out of the same incident. Defendant argues, however, that since he was convicted on a theory of accountability and did not directly participate in the crimes, section 2 — 7(6)(a) is inapplicable, i.e., he in fact did not actually commit any of the crimes enumerated in section 2 — 7(6Xa), triggering application of that section.

It is well settled that the accountability statute (Ill. Rev. Stat. 1985, ch. 38, pars. 5 — 1, 5 — 2) makes both parties guilty as principals; the statute admits of no degrees. (People v. Clark (1986), 144 Ill. App. 3d 420, 494 N.E.2d 551, rev’d on other grounds (1987), 119 Ill. 2d 1, 518 N.E.2d 138.) Furthermore, the language of section 2 — 7(6Xa) provides for automatic trial of a defendant as an adult who is charged with the offenses enumerated in that section and who is at least 15 years of age at the time he allegedly commits those offenses. Therefore, whether a defendant is charged with those offenses on an accountability theory or otherwise is irrelevant; the fact remains that he is charged with the pertinent offenses, triggering application of section 2 — 7(6Xa).

We also reject defendant’s similar argument with respect to the trial court’s sentencing him as an adult. The pertinent section of the Act provides as follows:

“If after trial or plea the minor is only convicted of an offense not covered by paragraph (a) of subsection (6) of this Section, such conviction shall not invalidate the verdict or the prosecution of the minor under the criminal laws of this State, however the court must thereafter proceed pursuant to Sections 4 — 7 or 4 — 8. In all other circumstances, in sentencing the court shall have available any or all dispositions prescribed for that offense pursuant to Chapter V of the Unified Code of Corrections and Article 5 of the Juvenile Court Act.” (Emphasis added.) (Ill. Rev. Stat. 1985, ch. 37, par. 702— 7(6Xc).)

Defendant again argues that he was not convicted of an offense covered by section 2 — 7(6Xa), i.e., he insists that his convictions on an accountability theory are convictions for qualitatively different offenses. As indicated above, defendant, under an accountability theory, is deemed to be as guilty as a principal in committing the offenses charged and whether or not he directly participated in the crimes is irrelevant.

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People v. Green, 535 N.E.2d 413, 179 Ill. App. 3d 1, 128 Ill. Dec. 902, 1988 Ill. App. LEXIS 1601 (Ill. Ct. App. 1988).

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