People v. Hanks

528 N.E.2d 1044, 174 Ill. App. 3d 555, 124 Ill. Dec. 153, 1988 Ill. App. LEXIS 1338
Appellate Court of Illinois·Decided September 13, 1988·No. 4-87-0610·Published·Cited by 14 cases

Opinions

JUSTICE KNECHT

delivered the opinion of the court:

A jury found defendant Robert Hanks guilty of two counts of aggravated arson. (Ill. Rev. Stat. 1985, ch. 38, par. 20 — 1.1(a)(3).) The circuit court of Macon County sentenced him to a six-year term of imprisonment. Defendant appeals his conviction and we affirm.

The following questions are presented on appeal: (1) whether the firemen affected by defendant's act were injured to the extent required by the aggravated arson statute; (2) whether defendant was denied a fair trial because a plea-related discussion was introduced into evidence; and (3) whether the conviction on two counts of aggravated arson arising out of a single act may stand.

On March 18, 1987, the State charged defendant with two counts of aggravated arson alleging that on February 10, 1987, he knowingly caused a grain elevator to be destroyed by fire and two fire fighters were injured as a result.

The record reveals defendant was a volunteer fire fighter for the town of Harristown, Illinois. At trial, Craig Rohman testified he and defendant were together from around 8 p.m. February 10, 1987, until 2 a.m. February 11, 1987. Defendant complained to Rohman there had not been enough fire calls lately. Defendant suggested they either burn an abandoned house in town or the grain elevator.

Rohman said he and defendant drove around town for some time before defendant parked his car in a church parking lot across the street from the grain elevator. Rohman testified defendant “said he was going to burn it.” Defendant then got out of the car and walked toward the elevator. Defendant was gone about 45 minutes. When he returned, Rohman testified he asked defendant if he did it and defendant laughed and said “[Ljook.”

The pair then left the parking lot and drove in the direction of defendant’s apartment. According to Rohman, defendant said: “I think we better head on to the fire department because I think we’re going to have a fire call.” Soon after that statement, defendant’s pager sounded and they proceeded to the Harristown fire station. When defendant returned from fighting the fire, Rohman testified he again asked defendant “if he did it,” and defendant “shook his head ‘yes,’ and he said he did.”

Brian Russell and John Snow testified they helped extinguish the elevator fire on February 11, 1987. Russell, a volunteer fire fighter, indicated he was injured at the scene of the fire when he tripped over a hose and landed on his hand. Russell said he had an air mask on until the oxygen ran out. When the wind shifted the fire fighter was overcome by smoke and became ill. Russell testified he coughed profusely and spit mucous. His chest was tight and he could not stand. Russell was administered oxygen for IV2 hours. At the hospital he was treated and released. Although no broken bones in his wrist or hand were reported, Russell missed three days of work because of his injury.

Snow, also a volunteer fire fighter, testified he similarly inhaled smoke when the wind shifted while he was attempting to extinguish the fire. The witness indicated he experienced chest pains, could not breathe and vomited three or four times. Emergency medical technicians gave Snow oxygen on the way to the hospital where he was treated and released. Snow was unable to go to work that morning.

Having denied defendant’s motion to exclude a discussion between defendant and a police officer as plea-related, the trial court allowed the police officer, Terry Dawson, to testify as follows:

“Hanks wanted to know what information we had about the case on him. I told him I wasn’t at liberty to discuss it with him.
* * *
He then asked me, if he could have a notice to appear that would release him from the county jail.
* * *
Mr. Hanks told me that he would tell me that he did start the fire if I would give him a notice to appear. He also wanted an order of some type stating that we wouldn’t release any information to the news media, and that I could fix it that he would keep his job with the — I believe it was the Air National Guard of the military, and he’d still keep his position with the Harristown Fire Department.
* * *
I told him it was out of the question, that as a police officer I couldn’t make a deal with him. He then asked, who could make a deal and what he could do to get out of jail. I told him that the prosecutor would be the one he would probably want to talk to. He stated he did want to talk to one of the prosecutors.”

A prosecutor spoke with defendant but denied his request for a notice to appear.

Following Dawson’s testimony, defendant unsuccessfully moved for a mistrial on the basis the discussion between defendant and Dawson was plea-related and therefore inadmissible under Supreme Court Rule 402(f) (107 Ill. 2d R. 402(f)).

Defendant took the stand and denied the charges against him. In a portion of his testimony relevant to this appeal defendant said he told Officer Dawson he wanted to get out of jail and would have admitted to anything to do so.

The statute under which defendant was convicted provides:

“Aggravated Arson, (a) A person commits aggravated arson when in the course of committing arson he knowingly damages, partially or totally, any building or structure, *** and *** (3) a fireman or policeman who is present at the scene acting in the line of duty, is injured as a result of the fire or explosion.” Ill. Rev. Stat. 1985, ch. 38, par. 20 — 1.1(a)(3).

Initially, defendant argues he was not found guilty of aggravated arson beyond a reasonable doubt because the State failed to provide evidence the volunteer fire fighters, Russell and Snow, were injured to the extent required by the statute. Defendant maintains the term “injury” contained in section 20 — 1.1(a)(3) means “personal injury,” which is defined as “a hurt or damage done to a man’s person, such as a cut or bruise, a broken limb, or the like, as distinguished from an injury to his property or his reputation.” (Black’s Law Dictionary 707 (5th ed. 1979).) According to defendant, the smoke inhalation both men suffered and the pain in Russell’s wrist are not injuries traumatic enough to warrant an aggravated arson conviction. Moreover, the fire fighters could have prevented the harm caused by the smoke inhalation by wearing the protective gear available to them. We disagree.

The dictionary definition of personal injury is not all inclusive. There is no suggestion damage to a man’s person which does not involve broken skin or bones also does not constitute injury. In fact, in his reliance on the definition of personal injury in Black’s Law Dictionary, defendant ignored that source’s reference to worker’s compensation acts where the term applies to “any harm or damage to the health of an employee *** which arises in the course of and out of his employment, and incapacitates him in whole or in part.” (Black’s Law Dictionary 707 (5th ed. 1979).) Certainly the inhalation of noxious smoke can be harmful to health and cause personal injury.

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

People v. Hanks, 528 N.E.2d 1044, 174 Ill. App. 3d 555, 124 Ill. Dec. 153, 1988 Ill. App. LEXIS 1338 (Ill. Ct. App. 1988).

528 N.E.2d 1044 (People v. Hanks) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Related

State v. Hill-White
191 A.3d 688 (New Jersey Superior Court App Division, 2018)
People v. Rivera
2013 IL 112467 (Illinois Supreme Court, 2013)
People v. Myers
816 N.E.2d 820 (Appellate Court of Illinois, 2004)
People v. Herman
Appellate Court of Illinois, 2004
Handy v. State
803 A.2d 937 (Supreme Court of Delaware, 2002)
People v. Jones
Appellate Court of Illinois, 2000
People v. Britt
638 N.E.2d 282 (Appellate Court of Illinois, 1994)
People v. Hanks
528 N.E.2d 1044 (Appellate Court of Illinois, 1988)