People v. Hoard

618 N.E.2d 808, 249 Ill. App. 3d 21, 188 Ill. Dec. 238, 1993 Ill. App. LEXIS 941
CourtAppellate Court of Illinois
DecidedJune 25, 1993
Docket1-91-2423
StatusPublished
Cited by6 cases

This text of 618 N.E.2d 808 (People v. Hoard) 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. Hoard, 618 N.E.2d 808, 249 Ill. App. 3d 21, 188 Ill. Dec. 238, 1993 Ill. App. LEXIS 941 (Ill. Ct. App. 1993).

Opinion

PRESIDING JUSTICE McNAMARA

delivered the opinion of the court:

Following a jury trial, defendant, Brian Hoard, was convicted of the first degree murder of Jermaine Rhodes (Ill. Rev. Stat. 1987, ch. 38, par. 9 — 1(a)) and was sentenced to a term of 40 years. On appeal, defendant contends that: (1) the trial court erred by refusing to give the jury involuntary manslaughter or reckless conduct instructions; (2) the trial court committed reversible error by refusing to give the jury an accomplice instruction despite the fact that the State’s key witness was an unindicted co-conspirator; and (3) he was deprived of a fair trial due to several improper remarks made by the State.

The relevant facts are as follows. Captain Larry Heard, a security officer for the Chicago Housing Authority, testified for the State that at approximately midnight of May 16, 1989, he was patrolling a public housing complex when he noticed a crowd gathered. He and his partner drove once around the block, and when they returned, the group began to disperse. Heard noticed the deceased lying facedown on the ground. He had been shot several times. Heard immediately notified Chicago police, who arrived at the scene within minutes.

Officer William Wright of the Chicago police department arrived at approximately 12:30 a.m. Upon searching the scene, he and other officers found seven 9 millimeter cartridge cases lying five to seven feet from the deceased’s feet. In addition, they found three live .22-caliber bullets, two located immediately at the deceased’s feet. No fired bullets, were found underneath the deceased’s body. The deceased had suffered several wounds, including one to the left chest cavity and several on the left side of the neck and shoulder area. On May 28, 1989, Wright obtained warrants for the arrest of defendant and his brother, Sidney Hoard, for the deceased’s murder.

On cross-examination, defense counsel asked Wright to examine the manufacturer’s stamp on each of the 9 millimeter cases that were recovered. Six of the seven were from the same manufacturer; the remaining case came from a different manufacturer. Wright confirmed that a 9 millimeter cartridge is expended from a semiautomatic or automatic pistol as opposed to a revolver, and that a .22-caliber cartridge could be fired from a semiautomatic, automatic, or revolver pistol. He also confirmed that when a revolver is fired, the casing remains in the cylinder, whereas in an automatic or semiautomatic gun the casing is expended from the gun.

On the night of the shooting, Wright learned that another individual had been shot besides the deceased. That individual was identified as Tavares Williams, and he had been shot in his left upper thigh. Wright and his partner went to the hospital to question him. They had a conversation with Williams at the hospital, the substance of which Wright could not recall. After leaving the hospital, Wright went to the home of Bennie Jordan, but did not find him home. Wright and his partner confirmed that a gunshot residue test was administered on Williams to determine whether he had recently fired a weapon.

On redirect examination, Wright stated that Jordan was arrested and charged in connection with the deceased’s murder on May 18, 1989, several days before the warrant for defendant’s arrest was issued.

Dr. Tae An, a Cook County medical examiner, performed the autopsy on the deceased. The autopsy revealed the presence of 11 bullet wounds consisting of eight entry and three exit wounds, which were determined to be the cause of death. Ten wounds were located from the chest area upward; the eleventh wound was to the right thigh. Dr. An opined that one of the bullets entered the body, exited, and then reentered the body. With regard to the thigh wound, he stated that the bullet entered in an upward direction and deposited in the muscle near the right hip. Dr. An recovered five bullets and one small jacket fragment from the deceased’s body. The results of the toxicology report performed on the deceased revealed the presence of .31 micro-gram of a cocaine metabolite.

On cross-examination, Dr. An stated that he detected no evidence of tatooing or stippling which would have indicated that the bullets were fired at close range. Four of the bullets recovered were large and copper-jacketed. Further, the thigh wound appeared different from all of the other entry wounds. A long marginal abrasion was present, indicating that the bullet did not enter from a right angle but instead traveled in an upward direction. The bullet which caused this wound was lead, not copper-jacketed. It was also markedly flattened, possibly caused by the bullet striking the ground before it entered the body.

The State next called Tyrone Atkins, who testified that he had no recollection of any events that occurred the night of the deceased’s murder. He stated he was not present when the deceased was shot. In addition, he denied knowing defendant, defendant’s brother, Sidney, or Jordan. He did not recall speaking to police or an assistant State’s Attorney about the murder. Over defense objection, the trial court granted the State’s request to treat Atkins as a hostile witness and to question him about a written statement he gave police in May 1989 regarding the murder. Atkins acknowledged that his signature was on the statement, but stated that he was forced to make the statement after being hit several times by a police officer. Atkins stated that he never read the statement prior to signing it because he did not know how to read. The State did not discuss the substance of the statement.

The State then questioned Atkins about the testimony he gave at the trial of a codefendant also charged with the deceased’s murder. At that trial, Atkins stated that two (not one) police officers beat him into giving the written statement. Atkins never filed a report against the police who allegedly beat him.

On cross-examination, defense counsel brought out the substance of an oral statement Atkins gave police on May 17, 1989. This was permitted after Atkins denied that he had given the police any information about the shooting. Atkins allegedly told police shortly after the shooting that he heard shots at the time the deceased was murdered, and that he was selling drugs for Jordan prior to the shooting when the deceased, armed with a .357 magnum revolver, approached him and robbed him of $50. He told Sidney, nicknamed “Sinbad,” and Jordan about the robbery. Jordan obtained a .38-caliber handgun, and the three confronted the deceased. Atkins stayed behind Jordan and Sidney because he did not want to get caught in the cross-fire when Jordan shot the deceased. Jordan confronted the deceased about the robbery and slapped him across the face with the gun. Atkins then saw Jordan fire his weapon twice at the deceased. Atkins started to run and heard more shots fired. Atkins denied that he gave police this information.

Atkins was never charged with any offense in connection with the deceased’s murder. According to Atkins, the police did not tell him he could be charged with the deceased’s murder and at no time did they they force him to say that the Hoard brothers killed the deceased.

Atkins acknowledged a visit from a defense investigator while he was in Cook County jail, at which time Atkins was shown his written statement and then wrote on it, “This statement is not true.

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

Related

People v. Morrow
708 N.E.2d 430 (Appellate Court of Illinois, 1999)
People v. Daniels
677 N.E.2d 1385 (Appellate Court of Illinois, 1997)
People v. McClain
645 N.E.2d 585 (Appellate Court of Illinois, 1995)
People v. Ratzke
625 N.E.2d 1004 (Appellate Court of Illinois, 1993)

Cite This Page — Counsel Stack

Bluebook (online)
618 N.E.2d 808, 249 Ill. App. 3d 21, 188 Ill. Dec. 238, 1993 Ill. App. LEXIS 941, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-hoard-illappct-1993.