People v. Hillsman

839 N.E.2d 1116, 362 Ill. App. 3d 623, 298 Ill. Dec. 469, 2005 Ill. App. LEXIS 1209
CourtAppellate Court of Illinois
DecidedDecember 7, 2005
Docket4-04-0022 Rel
StatusPublished
Cited by8 cases

This text of 839 N.E.2d 1116 (People v. Hillsman) 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. Hillsman, 839 N.E.2d 1116, 362 Ill. App. 3d 623, 298 Ill. Dec. 469, 2005 Ill. App. LEXIS 1209 (Ill. Ct. App. 2005).

Opinion

JUSTICE STEIGMANN

delivered the opinion of the court:

In March 2000, the State charged defendant, DeMarcus Hillsman, with four counts of first degree murder of Manley Fuller (720 ILCS 5/9 — 1 (West 2000)). In February 2001, defendant filed a motion to suppress certain evidence (articles of defendant’s clothing and any evidence derived therefrom) that the police seized from him while he was being treated in the emergency room on the night of the incident. Following a May 2001 hearing, the trial court denied defendant’s motion.

In October 2001, defendant filed a motion to exclude evidence of his flight, which the trial court denied. That same month, a jury convicted defendant of first degree murder (720 ILCS 5/9 — 1 (West 2000)), and the court later sentenced him to 35 years in prison. Defendant appealed, and in August 2003, this court remanded to the trial court to allow defendant to file a motion to reconsider his sentence. People v. Hillsman, No. 4—01—1104 (August 20, 2003) (unpublished order under Supreme Court Rule 23). In November 2003, the court reduced defendant’s sentence to 32 years in prison.

Defendant appeals, arguing that (1) the trial court erred by denying (a) his motion to suppress and (b) his motion to exclude evidence of his flight; (2) the State failed to prove him guilty beyond a reasonable doubt; and (3) the prosecutor made improper comments during closing and rebuttal arguments. We disagree and affirm.

I. BACKGROUND

A. Defendant’s Motion To Suppress Evidence Seized While Defendant Was an Emergency-Room Patient

At the May 2001 hearing on defendant’s motion to suppress evidence seized while he was an emergency-room patient, defendant testified that during the early morning hours of January 30, 2000, he was an emergency-room patient at Carle Hospital in Urbana. While he was being treated for a shoulder wound, police officers arrived and spoke with him. The officers did not show him a search warrant or ask for his consent to take any of his personal belongings.

Defendant acknowledged that the police officers came to the emergency room after he informed hospital staff that he had been shot. He also acknowledged that (1) he told the officers what items of clothing he was wearing when he was shot, (2) one of the officers retrieved those items (which were located in the room where defendant was being treated), and (3) the officers left the hospital with those clothing items. Defendant did not object when the officers took his clothing.

Danville police officer Keith Garrett testified that around 4:30 a.m. on January 30, 2000, he and police detective Gene Woodard arrived at the Carle Hospital emergency room in response to a report that defendant had been shot. Garrett and Woodard spoke with defendant, who told them that he had been shot earlier that evening in Danville. He also told the officers that during the shooting, he had been wearing the jeans and shoes that were located in a basket under defendant’s hospital gurney. Garrett noticed that defendant’s shoes had what appeared to be blood on them. Because it was standard procedure to retrieve clothing that a shooting victim had been wearing at the time of the shooting, the officers seized defendant’s jeans and shoes.

Garrett acknowledged that when he and Woodard spoke with defendant, he was aware of the investigation into Fuller’s death (which had occurred in Danville several hours earlier). He also acknowledged that he was aware that the seizure of defendant’s shoes could possibly assist in the murder investigation.

After considering the evidence and counsel’s arguments, the trial court denied defendant’s motion to suppress. In particular, the court determined that (1) an individual has no reasonable expectation of privacy in a hospital emergency room, and (2) defendant’s jeans and shoes were in the police officers’ plain view.

B. Defendant’s Jury Trial

At the start of defendant’s October 2001 jury trial, defendant filed a motion seeking to prohibit the State from introducing evidence of defendant’s flight from police. Defendant argued that such evidence was irrelevant and “highly prejudicial.” Following a nonevidentiary hearing on that motion, the trial court denied it.

At defendant’s jury trial, the evidence showed the following. Shortly after midnight on January 30, 2000, a Danville police officer responded to a dispatch and found Fuller’s body lying in the snow on the south side of an apartment building at 604 North Walnut Street in Danville. The officer found no weapons nearby. (An autopsy later showed that Fuller, who was 6 feet 4 inches tall and weighed 176 pounds, had been shot in the left side of his neck above his collarbone. The .45-caliber bullet traveled from Fuller’s neck in a steep downward angle through his aorta, right lung, diaphragm, and kidney.)

Daniel Millis testified that just before the shooting, his truck stalled while he was plowing a church parking lot that was diagonal to 604 North Walnut Street. As he sat in the cab waiting for the engine to cool down, he saw two black men leave a nearby house and walk along the sidewalk. One of the men was wearing blue jeans and a white T-shirt and the other was wearing dark clothing. The man wearing dark clothing was a little bit heavier and taller than the other individual. The men walked between the two houses at 602 and 604 North Walnut and stood behind a tree. Millis then heard a loud bang and glimpsed a flash from behind the tree. He then saw the smaller man wearing jeans and a white T-shirt run between the houses.

Steve Young, who lived in an apartment at 602 North Walnut Street, testified that Fuller lived with Demetrius Moore in the other first-floor apartment at 602 North Walnut. During the evening of January 29, 2000, Young saw both defendant and Fuller in Moore’s apartment at separate times. Young did not think that anyone else was in Moore’s apartment that evening. Young left his apartment around 11:30 p.m., and when he returned a short time later, he saw Fuller lying in the snow.

A Carle Hospital emergency room nurse testified that in the early morning hours of January 30, 2000, two individuals brought defendant to the emergency room. Defendant told the nurse that he had been shot at a Champaign “house party.” The nurse then telephoned 9-1-1 because medical personnel are required to notify police when assault victims seek treatment. After Champaign police arrived at the emergency room, the nurse answered a telephone call for defendant and spoke to his uncle. Following that conversation, the nurse told the officer that defendant had been shot on North Walnut Street in Dan-ville, not in Champaign.

A Carle Hospital emergency room physician testified that defendant reported that he had been walking down a street in Champaign “when somebody going by in a car shot him in the left shoulder.”

A Champaign police officer testified that after he arrived at the Carle Hospital emergency room around 1:30 a.m. on January 30, 2000, and spoke with a nurse, he spoke with defendant’s brother, Benjamin Hillsman.

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

Related

People v. Turner
2024 IL 129208 (Illinois Supreme Court, 2024)
People v. Turner
2022 IL App (5th) 190329 (Appellate Court of Illinois, 2022)
People v. Pearson
2021 IL App (2d) 190833 (Appellate Court of Illinois, 2021)
People v. Hillsman
2020 IL App (4th) 180729-U (Appellate Court of Illinois, 2020)
People v. Gill
2018 IL App (3d) 150594 (Appellate Court of Illinois, 2018)
People v. Garcia
2017 IL App (1st) 133398 (Appellate Court of Illinois, 2017)
People v. Theis
2011 IL App (2d) 091080 (Appellate Court of Illinois, 2011)

Cite This Page — Counsel Stack

Bluebook (online)
839 N.E.2d 1116, 362 Ill. App. 3d 623, 298 Ill. Dec. 469, 2005 Ill. App. LEXIS 1209, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-hillsman-illappct-2005.