People v. Hayes

819 N.E.2d 341, 353 Ill. App. 3d 578, 289 Ill. Dec. 184, 2004 Ill. App. LEXIS 1395
Appellate Court of Illinois·Decided November 18, 2004·No. 3-02-0390·Published·Cited by 12 cases

Opinions

JUSTICE SCHMIDT

delivered the opinion of the court:

A Kankakee County jury found defendant Kendric L. Hayes, also known as James D. Vance, guilty of two counts each of attempted first degree murder and aggravated battery with a firearm (720 ILCS 5/8 — 4, 9 — 1(a)(1); 12 — 3, 12 — 4.2(a)(1) (West 2000)). Defendant appeals. He contends that (1) the State’s evidence was insufficient to prove him guilty beyond a reasonable doubt of one count each of the charged offenses; (2) the trial court denied him his right to present a defense; and (3) the prosecutors’ closing arguments deprived him of a fair trial. We affirm.

FACTS

The State’s evidence established that on the afternoon of October 13, 1999, defendant visited the brothers Elisha and Elijah Dabney and their friend, Darryl Jordan, at the Dabney residence in Hopkins Park. Defendant invited the Dabneys and Jordan to party with him at defendant’s girlfriend’s home in Kankakee. Defendant’s girlfriend, Lola Brown, was the mother of Eric Tatum, a friend of the Dabneys and Jordan. The invitees, all under age 21, promptly accepted the invitation and got into defendant’s vehicle. En route to Brown’s house, defendant first stopped at a dog kennel, where defendant reported that his children’s rottweiler puppies had been missing from his home since the night before. Defendant next drove to a liquor store to purchase alcohol and cigars.

At Brown’s house, defendant offered the young men drinks and “swisher” cigars laced with marijuana. At some point, Tatum and another Mend stopped by and joined the party for a short while. After they left, defendant retrieved a shotgun which Elisha described as a black, 12-gauge sawed-off with the handle cut and black tape on the end. Defendant ordered the Dabneys and Jordan to get down on the floor. He aimed the gun at them and asked who had broken into his house. Defendant kicked both of the Dabney brothers in the head and then fired once at Jordan, hitting him in the left shoulder. Defendant then left the house with the shotgun. Jordan yelled at Elisha to run for help, and then he passed out by the front door. Elisha ran out the back door and proceeded to the liquor store to telephone the police.

On cross-examination, Elisha said he sold a Cutlass Supreme to defendant two months before the shooting incident. He denied that he sold anything other than the car. He also denied that anyone else was present at the time of the sale. He said he never had a weapon or saw the shotgun used in the shooting incident before defendant pulled it out and aimed it at them. On redirect, Elisha testified that he did not own the shotgun; he did not pull it out on the date of the incident; he did not struggle with defendant for control of the gun; and it did not discharge accidentally.

Elijah testified that buckshot hit him under his left eye. He said he ran across the street after defendant left. There, he encountered Brown and Kankakee police officer Avery Ivey, Jr. Elijah told the officer that he had been shot. Ivey observed that Elijah’s face was bleeding from a round gunshot wound. He radioed for an ambulance and assistance.

Patrolman Jose Lema arrived on the scene and approached the front of the house, where he found Jordan’s body blocking the door. He entered the house through the rear door and determined that Jordan had suffered a large gunshot wound to the back. Detective Earl Cote, who also responded to the scene, testified that he observed a gunshot wound to Elijah’s left cheek as he and Jordan were being loaded into the ambulance. Cote said the shape and size of the wound were consistent with buckshot recovered from inside the house.

Elijah was transported from St. Mary’s Hospital to Loyola by helicopter. He testified that he was “in bad shape” and never saw what, if anything, was removed from his face. Jordan testified that he was treated for a punctured lung and three broken ribs. Buckshot removed from Jordan’s body at the hospital was turned over to Cote and admitted into evidence at trial.

Following the State’s case in chief, defendant called his live-in girlfriend, Kathy Black, as his first witness. Black testified that she knew Elisha Dabney as “Pee Wee.” She said that he came to her home in mid-August 1999, seeking to sell his 1989 gray Cutlass to defendant. Black said she was interested in the car and looked inside. At that point, the prosecutor objected to the relevancy of Black’s testimony.

In an offer of proof, Black stated that on the front passenger seat of the Cutlass she observed a long gun with gray duct tape on the thick end where the handle had been cut. She said that Pee Wee offered to sell the gun to defendant, but he declined. She said Pee Wee then removed the gun from the car. Black paid for the car, and defendant drove him home. On cross-examination, the prosecutor asked if the gun was a rifle. Black responded, “That’s what I would say, some type of gun.”

Following arguments of counsel, the court sustained the prosecutor’s objection. The court ruled that Black’s testimony regarding the gun was not relevant, because the gun she described was not the same one used in the offense. Further, the testimony could not be admitted for impeachment purposes because no foundation was laid during defense counsel’s cross-examination of Elisha Dabney. Based on the court’s ruling, defense counsel released Black, and the court instructed the jurors that they were not to concern themselves as to why she would not be testifying further.

Defendant then testified on his own behalf. He initially admitted that he had a 1997 conviction for simple robbery. He said that Elisha brought the sawed-off shotgun with him when defendant picked up the three men on the date of the offense. Defendant said that after Tatum left the party, defendant asked Elisha about the puppies. Defendant told him that he had heard that Elisha had been at his house the night before. Defendant said that a big argument ensued, and Elisha became very defensive. He said Elisha reached over and grabbed the shotgun. Defendant then dashed across the room and grabbed the gun. During a struggle over the gun, it discharged and Jordan fell to the floor. Defendant said he then poked Elijah under his left eye with the barrel of the gun. He checked Jordan’s wound and presumed he was dead. Defendant said he then “panicked, freaked out” and left. Defendant denied that he intended to kill Elisha or Jordan.

On cross-examination, defendant explained that he fled the scene and checked into a motel in East Hazelcrest under the name of James Vance. He left his car with the shotgun on the backseat at the motel and went to Mississippi. Defendant denied that he ever owned a gun, but he admitted that the police had found him in possession of a .380-caliber handgun approximately two weeks before the shooting incident.

In rebuttal, the State impeached defendant’s denial of gun ownership with evidence that he gave a written statement to the police on January 24, 2001, in which he said, “I had my gun taken by another agency (police).” Defendant also said during the January 2001 interview that he struck Elijah under the right eye with the shotgun.

Following closing arguments, the jury found defendant guilty as charged.

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People v. Hayes, 819 N.E.2d 341, 353 Ill. App. 3d 578, 289 Ill. Dec. 184, 2004 Ill. App. LEXIS 1395 (Ill. Ct. App. 2004).

819 N.E.2d 341 (People v. Hayes) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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