People v. Hennon

593 N.E.2d 587, 228 Ill. App. 3d 759, 170 Ill. Dec. 698, 1992 Ill. App. LEXIS 357
CourtAppellate Court of Illinois
DecidedMarch 16, 1992
DocketNo. 1—89—3339
StatusPublished
Cited by3 cases

This text of 593 N.E.2d 587 (People v. Hennon) 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. Hennon, 593 N.E.2d 587, 228 Ill. App. 3d 759, 170 Ill. Dec. 698, 1992 Ill. App. LEXIS 357 (Ill. Ct. App. 1992).

Opinion

JUSTICE O’CONNOR

delivered the opinion of the court:

Following a jury trial, defendant Adrian Hennon was convicted, based on accountability, for first degree murder, attempted murder, and armed violence (Ill. Rev. Stat. 1987, ch. 38, pars. 9 — 1, 8 — 4, 33A — 2, 5 — 1), in the shooting of two individuals. The trial judge sentenced defendant to concurrent prison terms of 40 years for murder and 20 years each for attempted murder and armed violence.

We affirm.

Defendant’s convictions arose from events of September 9, 1988, when gunshots, fired from a passing automobile, killed Abdullah Asad and wounded Jason Murray, who were then standing in a park at 87th and Jeffery Streets, near Chicago Vocational High School, in Chicago. Defendant was identified as the owner and driver of the automobile, a Chevrolet Nova.

Other facts related to the contentions raised by defendant on appeal are summarized in the context of the consideration of those matters below.

I

Defendant contends that he was not proved guilty beyond a reasonable doubt because the evidence did not establish that he was the driver of the Nova or show that he possessed the requisite intent to support his convictions on the basis of accountability (see Ill. Rev. Stat. 1987, ch. 38, par. 5 — 2(c)). Defendant points to his own testimony that he was merely a passenger in the front seat of the Nova and was unaware of the existence of a gun in the car or the shooter’s intent. He also relies on the admission of a statement given to police by Richard Terrell in which Terrell stated that he, not defendant, had been the driver of the Nova.

At trial, four witnesses identified defendant as the driver of the Nova at the time the gunshots were fired.

Elward Verrett testified that, minutes before the shooting, he saw Jason Murray exchange words with occupants of a passing jeep. Apparently, the jeep had nearly struck Murray as he walked to the park where Verrett and others were present. The jeep’s occupants threatened to return. When the jeep did shortly return, it was followed by the Nova. The vehicles stopped and the occupants, six or seven individuals, displayed a particular street gang hand signal as they approached Verrett and the others. Defendant and Terrence Mack were among the group. An argument ensued and,' at some point, Verrett heard Mack say, “Shoot him. Shoot him.” Nevertheless, defendant, Mack, and the individuals with them returned to their vehicles and left.

The Nova returned shortly thereafter with defendant driving and Mack in the front passenger seat. As the Nova approached, Verrett stated, it slowed to 10 to 15 miles per hour. Mack reached out of the Nova’s window with a pistol in his hand and started shooting. Eight shots were fired.

Esau Asad, the older brother of Abdullah Asad, corroborated Verrett’s testimony. Darren Harris also saw defendant driving the Nova while Mack fired gunshots from the front passenger seat.

Although Devon Miller also testified to the same facts at trial, he admitted he had initially told defense investigators that the gunshots had been fired from the Nova’s back seat and that he could not remember whether defendant was the driver.

Robert King, who testified on defendant’s behalf, also heard the gunshots but did not see where they were being fired from. King did state he saw the Nova immediately after the shots were fired and saw that defendant was the driver.

It was defendant’s testimony that Richard Terrell had driven the Nova at the time of the shooting. Defendant stated he and Terrell had met earlier that day and that Terrell had asked defendant for a ride to a motel to meet Terrence Mack. Terrell asked, and defendant agreed, to let Terrell drive to the motel. Mack eventually joined them. Later, while on the way to a gas station, and with Terrell still driving, they encountered Mark Watts, Terrence Jobe, and Haroon Binwalee in the jeep. They asked defendant, Mack, and Terrell to follow them to Chicago Vocational High School. There, Watts, Jobe, Binwalee, and Mack exited the vehicles. Terrell and defendant, who was in the front passenger seat, stayed in the Nova. When the four individuals returned, Mack got into the jeep, and Jobe got into the back seat of the Nova.

After getting gas, Jobe asked to be driven to get something to eat. Defendant stated that as Terrell drove east past a crowd, Jobe started shooting. Defendant was unaware Jobe had a gun. Shortly thereafter, they saw the jeep again. Jobe got out of the Nova and got into the jeep.

Defendant stated he then told Terrell that he wanted to drive. Mack joined them. After being seen by the police, however, Terrell and Mack got out of the car.

Soon after, defendant was arrested.

Defendant’s testimony that he was not driving the Nova at the time the shots were fired was corroborated by the testimony of Mark Watts and the statement Terrell had made to police, which was read to the jury.

Defendant argues that the identification of him as the driver when the gunshots were fired was flawed because only a limited opportunity existed to view the Nova as it passed the park. Defendant also points out that, although he had been identified out of a police lineup, none of those who then identified him specifically stated he had been the driver. Defendant also draws attention to Watt’s testimony and Terrell’s admission establishing that Terrell, not defendant, drove the Nova at that time.

Defendant’s arguments rest, ultimately, on the credibility accorded the various witnesses’ testimony, the weight assigned that testimony, and the inferences drawn by the jury as the trier of fact. We may not properly consider those determinations here. (See People v. Brisbon (1985), 106 Ill. 2d 342, 478 N.E.2d 402, cert. denied (1985), 474 U.S. 908, 88 L. Ed. 2d 241, 106 S. Ct. 276; People v. Bradford (1985), 106 Ill. 2d 492, 478 N.E.2d 1341.) The standard we must apply is whether, viewing the evidence in a light most favorable to the prosecution, any rational trier of fact could have found the essential elements of the crime beyond a reasonable doubt. (People v. Collins (1985), 106 Ill. 2d 237, 478 N.E.2d 267.) In that regard, an individual is legally accountable for the conduct of another when he solicits, aids, abets or agrees or attempts to aid another in the planning or commission of an offense with the intent to promote or to facilitate its commission. Ill. Rev. Stat. 1987, ch. 38, par. 5 — 1; People v. Taylor (1991), 219 Ill. App. 3d 47, 579 N.E.2d 383.

Here, testimony established that defendant was with the group of individuals who displayed gang hand signs during the altercation in the park after Murray exchanged words with the occupants of the jeep. At that time, Verrett heard Mack direct someone to shoot. Witnesses identified defendant as the driver of the Nova when the Nova subsequently returned before the shooting incident.

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Cite This Page — Counsel Stack

Bluebook (online)
593 N.E.2d 587, 228 Ill. App. 3d 759, 170 Ill. Dec. 698, 1992 Ill. App. LEXIS 357, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-hennon-illappct-1992.