People v. Groves

677 N.E.2d 1351, 287 Ill. App. 3d 84, 222 Ill. Dec. 552, 1997 Ill. App. LEXIS 125
CourtAppellate Court of Illinois
DecidedMarch 12, 1997
Docket1-95-0409
StatusPublished
Cited by6 cases

This text of 677 N.E.2d 1351 (People v. Groves) 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. Groves, 677 N.E.2d 1351, 287 Ill. App. 3d 84, 222 Ill. Dec. 552, 1997 Ill. App. LEXIS 125 (Ill. Ct. App. 1997).

Opinion

PRESIDING JUSTICE COUSINS

delivered the opinion of the court:

Defendant Kareem Groves was convicted by a jury of first-degree murder and possession of a stolen motor vehicle. The trial court sentenced defendant to 60 years’ imprisonment for the murder conviction, to run concurrently with 7 years’ imprisonment for possession of a motor vehicle. On appeal, defendant contends that: (1) he was denied effective assistance of counsel; (2) the prosecutor improperly shifted the burden of proof during closing arguments; and (3) he was denied a fair trial where a judge other than the trial judge conducted the voir dire.

BACKGROUND

The State charged Kareem Groves and codefendant Lamont Warren with two counts of first degree murder. The trial court granted Kareem Groves’ motion for severance. The trial court also granted defendant’s motion to consolidate a separate indictment charging defendant with possession of a stolen motor vehicle. At the jury trial, Deborah Spraggs (Spraggs) testified that, at approximately 2 a.m., on August 3, 1993, she was sitting on the trunk of a parked car in the vicinity of 5538 West Congress in Chicago, talking to a friend, Kareem Williams (Williams). Xavier Jasper (Jasper) drove up while Spraggs and Williams were talking. Jasper stopped his car and talked with them until a policeman directed Jasper to move along. While Williams and Spraggs talked, Spraggs noticed a car pull up and park. The car came from the westbound direction on Congress and parked at a distance of two or three car lengths behind Williams, who was sitting on the front of a car facing Spraggs. Spraggs made an in-court identification of the defendant as the driver of the car. Spraggs stated that the defendant wore a black and blue, short-sleeve, hooded shirt. Defendant called to Williams, "Hey, man.” Williams responded, "What’s up?” Defendant then walked towards Williams and said, "Ain’t you the nigger that chased me the other day?” After Williams responded "No,” defendant, standing approximately three feet away, drew a shot gun, cocked it back and said, "Yeah, you was” and shot Williams in the head. Defendant then walked back to the car and entered the driver’s side. Spraggs testified that she saw two heads in the back seat of the car defendant was driving. As the victim lay shaking on the ground, Spraggs ran for help.

Spraggs also testified that defendant and a couple of his friends were chased out of the neighborhood by the victim and the victim’s cousin just days before the murder. Spraggs also testified that the victim was "associated with” the Four Corner Hustlers street gang, which is a part of the Vice Lord street gang. Spraggs positively identified defendant in a lineup on the day of the shooting.

Jasper testified that, after he had been told by police to move his car, he parked in front of his house approximately one-half block away from where Spraggs and the victim were talking. While he sat in his parked car talking to a friend, he heard a shot and noticed an oncoming car in his rearview mirror. Jasper testified that the car was an Oldsmobile Cutlass, burgundy in color with no license plates. The car moved westbound until Central Avenue, where it turned left and headed south. Jasper did not see the occupants of the car.

Leon Bentley (Bentley) also testified that he heard gunfire as he left his house at 5518 West Congress. He was the victim’s cousin. He testified that a shot came from a westerly direction, a couple of houses down. When Bentley looked down the street, he saw a male with a blue hood and a 12- or 20-gouge shotgun get into the driver’s side of the car. Bentley described the car as a burgundy, four-door Cutlass. Bentley also testified that he saw an individual named Darnell Warren (Darnell) in the back seat of the Cutlass. 1 Bentley stated that a few days before the shooting, he and Williams had chased Darnell and two other persons down Congress toward Central Avenue. Bentley testified that Darnell was a member of the Maniac Latin Disciples, a rival gang of the Four Corner Hustlers.

Chicago police detectives Wojcik and Ricco were assigned to the Williams homicide. Pursuant to the investigation, Detective Wojcik spoke to a person named "Tremelle.” From Tremelle, police received an address where they could locate defendant. Detectives Wojcik and Ricco, along with Chicago police detective Gawrys, went to 5504 West Congress. After the building manager opened the rear gate, Detectives Wojcik and Ricco went to the front of the building, while Detective Gawrys stayed in the back.

Detective Gawrys testified that, while he was in the back of the building, a car pulled into the alley. Detective Gawrys walked into the gangway and hid against a garage. He saw a maroon Oldsmobile attempting to park in the alley. Detective Gawrys testified that he knew one of the individuals to be Lamont Warren (Lamont) and the driver looked like the defendant. As the driver parked the car, Detective Gawrys could see that the rear window on the driver’s side was broken. As the driver exited the car, the detective saw that the steering wheel column was peeled. When the driver got out of the car, he took a bag from the back seat. Detective Gawrys then moved away from the gangway and went underneath the porch. From underneath the porch, the detective watched defendant drop a bag over the fence at 5504 West Congress and then defendant and Lamont Warren jumped over the fence. After they jumped over the fence, Detective Gawrys announced his office and defendant and Lamont stopped. Detective Gawrys testified that at this point he heard footsteps running away. Detective Gawrys then went back to the car in the alley and saw the column peeled, the window broken, and the trunk lock appeared to have been pulled. After running the license plate, the police learned that the car had been reported stolen. Defendant and Lamont Warren were then placed under arrest. Detectives Gawrys and Ricco drove the suspects to the police station, and Detective Wojcik took the bag and drove the Oldsmobile to the station.

Following an interview with defendant, detectives went to defendant’s mother’s residence at 3018 West Flournoy, pursuant to a consent-to-search form signed by defendant. Detectives searched defendant’s bedroom. Defendant’s mother would not authorize any additional search of the premises. No gun was recovered. Gawrys further testified that, on the night of the shooting, Xavier Jasper and Deborah Spraggs viewed a lineup. Jasper made no identification, but Spraggs identified defendant.

Officer Theatrice Patterson, a fingerprint examiner, testified that none of the prints recovered from the car matched those of defendant or Darnell Warren. However, prints from the vent window and the exterior driver’s door glass matched those of Lamont Warren.

Detective Wojcik testified that Spraggs was shown various articles of clothing that were taken out of the bag. She identified a hooded shirt and a pair of pants, but said she was not sure about the pants. Detective Wojcik also testified that, at the 25th district parking lot, Jasper identified the Oldsmobile as the car he had seen at the time of the shooting. Spraggs was unable to identify the car. Detective Wojcik subsequently went back to the defendant’s apartment building and found an expended 20-gouge shotgun shell in a bush in an empty lot below the landing of the rear porch.

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Cite This Page — Counsel Stack

Bluebook (online)
677 N.E.2d 1351, 287 Ill. App. 3d 84, 222 Ill. Dec. 552, 1997 Ill. App. LEXIS 125, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-groves-illappct-1997.