People v. Haynes

927 N.E.2d 819, 399 Ill. App. 3d 903, 340 Ill. Dec. 80, 2010 Ill. App. LEXIS 254
Appellate Court of Illinois·Decided March 30, 2010·No. 1-08-0805·Published·Cited by 13 cases

Opinion

JUSTICE KARNEZIS

delivered the opinion of the court:

Following a jury trial, defendant April Haynes was convicted of resisting a police officer and attempting to obstruct justice (720 ILCS 5/31 — 1 (West 2006)) and was sentenced to 1 year of conditional discharge and 15 days of community service. On appeal, defendant argues: (1) trial counsel was ineffective for failing to request that the jury be instructed on self-defense; (2) the trial court failed to comply with Illinois Supreme Court Rule 431(b) (eff. May 1, 2007); and (3) the trial court improperly imposed a fee pursuant to section 5 — 1101(a) of the Illinois Vehicle Code (55 ILCS 5/5 — 1101(a) (West 2006)). For the following reasons, we affirm the judgment of the trial court as modified.

BACKGROUND

Defendant was charged with battery of a police officer (720 ILCS 5/12 — 3(a)(1) (West 2006)), resisting arrest (720 ILCS 5/31 — 1(a) (West 2006)), attempted obstruction of justice (720 ILCS 5/31 — 4(a) (West 2006)) and permitting an unauthorized person to drive her vehicle (625 ILCS 5/6 — 304 (West 2006)) after defendant’s car, being driven by her unlicensed son, slid into a pole in Lansing, Illinois. Defendant was arrested after she failed to inform police officers that her son was the driver of the vehicle. When officers attempted to arrest her, defendant refused to cooperate and place her hands behind her back. It took five officers to eventually get defendant’s hands cuffed behind her back.

Nadine Guthrie testified that she was driving her daughter to school on November 23, 2005, at approximately 8 a.m., when she saw a car swerve and hit a metal pole in the 3300 block of Ridge Avenue in Lansing, Illinois. She saw two youths exit the vehicle. Guthrie continued to drive her daughter to school but planned to return to the scene to see if the boys needed help.

Kaila Seimers was working in Mancino’s restaurant at about 8 a.m. on November 23, 2005, when she heard a car crash. She saw that the car had hit a pole and watched as two young men got out of the car. They walked over to her and asked to use her phone. The young men left after they made a call. Seimers called the police and reported the accident.

Several minutes later, defendant entered the restaurant and asked Seimers to tell the police that she (defendant) had been the one driving the car. Seimers testified that she refused to lie and went back to work. Defendant went outside to wait for the police to arrive.

Officer Hynek testified that he received a dispatch stating that there was a noninjury car accident at 3300 Ridge Road. When Officer Hynek arrived at the scene, he saw a car resting against a light pole. He approached the vehicle and saw defendant standing there. Defendant told him that her car slid into the pole and that she was the only one in the car. Officer Hynek filled out the accident report that included defendant’s information. Defendant never told Officer Hynek that her son was driving the car. Officer Hynek told defendant to wait in Mancino’s restaurant while he filled out the report.

While Officer Hynek was filling out the report, Nadine Guthrie arrived at the scene of the accident. She asked if the two people in the car were injured. She then stated that she saw two young men exit the car after the accident.

After his conversation with Guthrie, Officer Hynek went into Mancino’s restaurant to talk to defendant. He asked defendant about her children. Defendant responded that her children were in school. Officer Hynek contacted another police officer to go speak with defendant’s oldest son Lance at the local high school. Lance later admitted to Officer Yonker that he was the one who drove the car into the pole.

Officer Hynek gave defendant several opportunities to admit that she was not driving the car, but she continued to maintain that she was the driver. Officer Hynek told defendant she was under arrest and asked her to put her hands behind her back. Officer Hynek testified that it is police department policy to handcuff people with their hands placed behind their back. Defendant placed her hands in front of her chest and clenched them together. Officer Hynek and Officer Klingleschmitt tried to break defendant’s hands apart and bring them behind her back, but defendant fell to the ground.

While defendant was on the ground, Officers Hynek and Klingleschmitt continued to try to get defendant’s hands behind her back, but defendant hid her hands underneath her body. Officer Hynek put his knee in her back, and when that was ineffective, he used the Taser gun twice on her back. Officer Hynek testified that he used the Taser gun on a “dry stun” mode, which only inflicts localized pain, unlike the gun’s other mode, which inflicts greater pain to the entire body by electric shock.

Video cameras in Mancino’s restaurant captured most of defendant’s arrest. The videotapes were entered into evidence by the State and played to the jury. Officer Hynek gave a narrative of the videotape as part of his testimony. The video showed the following. Defendant was standing inside the restaurant struggling with Officers Hynek and Klingleschmitt as they attempted to place her under arrest. The three then fell to the ground and defendant hid her hands underneath her body. Officer Hynek threatened to use the Taser gun on defendant and eventually used the Taser on her shoulder in “dry mode” after he attempted to free defendant’s hands with a knee to her back. When Officer Hynek tasered defendant, Officer Klingeschmitt was able to grab defendant’s arm. However, defendant quickly pulled her arm away and put it under her body. Officer Hynek used the Taser gun again. Defendant then kicked Officer Hynek in the groin. Defendant refused to place her hands behind her back and refused to cooperate with the officers despite being told repeatedly that she was under arrest. Three additional officers arrived at the scene and attempted to gain defendant’s cooperation. Defendant resisted the request of all five officers. The officers eventually used pressure points to free defendant’s hands. Finally, the officers were able to handcuff defendant’s hands behind her back using three sets of handcuffs. The video ends with defendant being escorted out of the restaurant.

After she was handcuffed, Officer Hynek drove defendant to the station. During the transport, defendant admitted that she knew her son Lance Dudley was driving her car and that Lance did not have a driver’s permit. The parties stipulated that Lance Dudley did not have a driver’s license on the date of the accident.

Following the court’s denial of defendant’s motion for a directed finding, defendant testified. Defendant also gave a narrative of the videotape obtained from Mancino’s restaurant.

Defendant testified that she was shopping for groceries at about 7:30 a.m. on the day of the incident and that she intended to drive her sons to school that morning.

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People v. Haynes, 927 N.E.2d 819, 399 Ill. App. 3d 903, 340 Ill. Dec. 80, 2010 Ill. App. LEXIS 254 (Ill. Ct. App. 2010).

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

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