People v. Hardaway

718 N.E.2d 682, 307 Ill. App. 3d 592, 241 Ill. Dec. 111, 1999 Ill. App. LEXIS 650, 1999 WL 706126
CourtAppellate Court of Illinois
DecidedSeptember 10, 1999
Docket1-97-1204
StatusPublished
Cited by15 cases

This text of 718 N.E.2d 682 (People v. Hardaway) 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. Hardaway, 718 N.E.2d 682, 307 Ill. App. 3d 592, 241 Ill. Dec. 111, 1999 Ill. App. LEXIS 650, 1999 WL 706126 (Ill. Ct. App. 1999).

Opinion

JUSTICE ZWICK

delivered the opinion of the court:

Following a jury trial, the defendant, Derrick Hardaway, was convicted of first degree murder and sentenced to 45 years in prison. He now appeals his conviction, arguing: (1) that the trial court improperly denied his motion to quash his arrest and suppress evidence, (2) that the trial court improperly denied his motion to suppress statements, (3) that the juvenile court improperly transferred his case to the adult criminal division, (4) that the trial court’s voir dire examination was inadequate, (5) that the trial court improperly denied his motion for a continuance based on pretrial publicity, and (6) that the State’s rebuttal argument deprived him of a fair trial. Issues (1) and (2) will be considered in this opinion; issues (3) through (6) will be determined in a separate Supreme Court Rule 23 (166 Ill. 2d R. 23) order disseminated contemporaneously. For the reasons that follow, we affirm defendant’s conviction.

The 14-year-old defendant and his brother Gragg Hardaway (the 16-year-old codefendant) were charged with the first degree murder of 11-year-old Robert “Yummy” Sandifer (Sandifer). Because of his age, defendant’s case was initiated in juvenile court. Following a transfer hearing, defendant’s case was transferred to the criminal division, where he would be tried as an adult. Prior to separate trials, the trial court conducted a joint hearing on the defendants’ motions to quash arrest and suppress statements. The pertinent evidence at the hearing established the following.

■ On August 28, 1994, Sandifer, a member of the Black Disciples street gang, shot 14-year-old Shavon Dean, 16-year-old Kianta Britton and 17-year-old Sammy Seay. Dean died as a result of her wounds. An intensive police search for Sandifer ensued and around 12:22 a.m. on September 1, 1994, Sandifer was found under a viaduct in the area of 108th and Dauphin. Sandifer had been shot twice in the back of the head. Three empty shell casings were found near his body.

In the early morning hours of that same day, Mrs. Cassandra Cooper phoned the police and told them that Sandifer had been at her home at 10609 S. Edbrooke at approximately 11:30 p.m. the night before. The Cooper home is nine blocks from the viaduct where Sandifer’s body was found. Mrs. Cooper told the police that her daughter, Jimesia, saw Sandifer leave the Coopers’ porch with Derrick Hard-away and that his brother Cragg was involved. Shortly after 7 a.m. police took Mrs. Cooper and Jimesia to Area Two.

Lieutenant Murphy and Detectives Arbataitis and Lane had been assigned to investigate the murder. After learning that witnesses reported having seen the victim in the company of defendant and co-defendant less than one hour before his death, the three went to the Hardaway home. At approximately 8 a.m., the detectives arrived and spoke to defendants’ father at the door. After identifying themselves, Lt. Murphy asked whether Derrick and Cragg were home, explaining that the police were investigating the murder of Sandifer, and they had information that his sons were with Sandifer shortly before his murder. Mr. Hardaway stated that Cragg was not home but that Derrick was home. He brought Derrick to the police in the living room. Lt. Murphy told defendant what he had told his father and asked defendant to accompany them to the police station to help with the investigation. Defendant agreed to go with the officers. Mr. Hardaway also told defendant to go with the police and see what was going on. Lt. Murphy told Mr. Hardaway that defendant would be taken to Area Two police headquarters at 727 E. 111th Street and offered Mr. Hard-away a ride if he wanted to accompany his son. Mr. Hardaway declined, saying he would wait at home for Cragg. The Hardaways lived about 12 blocks from Area Two. Detective Arbataitis gave Mr. Hardaway his business card with his and Lt. Murphy’s phone numbers. Derrick left the room unescorted to get dressed and was patted down but was not handcuffed while being transported. Upon arrival, he was placed in an unlocked interview room.

Detectives Arbataitis and Lane interviewed defendant shortly after arriving at the station. Defendant admitted knowing the victim but stated that he had last seen the victim three days previously. Arbataitis left the interview room and spoke to Jimesia Cooper, who was in another interview room.

Jimesia told Arbataitis that she had been sitting on her porch at 10609 S. Edbrooke around 11:30 p.m. the previous evening with Mike Griffin and Sandifer when defendant came out of a gangway and approached the group. Jimesia had known defendant for several years and he had slept at the Cooper residence on occasion. Defendant told Sandifer “that he had to go with Derrick, that (Cragg Hardaway) and the boys wanted to take him out of town.” Jimesia then saw Sandifer walk through the gangway toward the alley with Derrick and Mike.

The police knew that defendant and his brother were members of the Black Disciples street gang and lived one block from the Coopers. Sandifer’s body was found at 12:22 a.m.. A canvass of the neighborhood turned up information that shots had been fired in the area of the viaduct at approximately 12:15 a.m., some 45 minutes after Sandifer left with defendant.

After speaking to Jimesia, Detectives Arbataitis and Lane reentered defendant’s interview room. They again asked defendant when he had last seen Sandifer. Defendant repeated that he had not seen Sandifer for three days. Detective Arbataitis then read defendant his Miranda rights and advised him that he could be tried as an adult.

The detectives confronted Derrick with Jimesia’s statements. Defendant then changed his story. He told Arbataitis and Lane that at 11:30 p.m. the previous night he was in a car with his brother Cragg when they saw Sandifer on the porch with Jimesia Cooper and Mike Griffin. Cragg told defendant to go get Sandifer. Defendant said he walked to the porch and told Sandifer he had to come with him because they were going to get him out of town. Defendant said that Sandifer and Griffin followed him off the porch and went to the car. Cragg then drove off with Sandifer. Defendant walked home as did Griffin. Arbataitis testified that it was at this point that defendant was no longer free to leave area two.

Later that same day, Mike Griffin was interviewed and he told the police that defendant had gotten into Gragg’s car with Sandifer and defendant refused to give Griffin a ride home because “they were in too deep.”

Detective McCann testified that at 4 p.m. he relieved Arbataitis and Lane in the case and he contacted Area Two Youth requesting that a youth officer be assigned to participate in the interview of Derrick. McCann was told that the shift was just changing and a youth officer would assist McCann shortly. At approximately 4:30 p.m. Mc-Cann entered Derrick’s interview room accompanied by gang crimes specialist Oliver. McCann read defendant his Miranda rights and advised him that if he was charged he could be transferred from juvenile court and tried and sentenced as an adult. Defendant repeated his statement of 10:30 a.m.. McCann testified that he then told Derrick that Mike Griffin had said something different. Derrick told McCann that he did not believe him. McCann then had Derrick walk down the hall and showed him that Griffin was in another interview room.

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

Related

People v. Gutierrez
2022 IL App (1st) 192483-U (Appellate Court of Illinois, 2022)
Derrick Hardaway v. Donald S. Young, Warden
302 F.3d 757 (Seventh Circuit, 2002)
People v. Jackson
772 N.E.2d 275 (Appellate Court of Illinois, 2002)
United States Ex Rel. Hardaway v. Young
162 F. Supp. 2d 1005 (N.D. Illinois, 2001)
People v. Williams Dissent added August 9, 2001
Appellate Court of Illinois, 2001
People v. Williams
753 N.E.2d 1089 (Appellate Court of Illinois, 2001)
People v. Little
750 N.E.2d 745 (Appellate Court of Illinois, 2001)
People v. Joya
744 N.E.2d 891 (Appellate Court of Illinois, 2001)

Cite This Page — Counsel Stack

Bluebook (online)
718 N.E.2d 682, 307 Ill. App. 3d 592, 241 Ill. Dec. 111, 1999 Ill. App. LEXIS 650, 1999 WL 706126, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-hardaway-illappct-1999.