People v. Hobson

452 N.E.2d 771, 117 Ill. App. 3d 191, 72 Ill. Dec. 518, 1983 Ill. App. LEXIS 2165
CourtAppellate Court of Illinois
DecidedAugust 4, 1983
Docket4-82-0691
StatusPublished
Cited by14 cases

This text of 452 N.E.2d 771 (People v. Hobson) 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. Hobson, 452 N.E.2d 771, 117 Ill. App. 3d 191, 72 Ill. Dec. 518, 1983 Ill. App. LEXIS 2165 (Ill. Ct. App. 1983).

Opinion

PRESIDING JUSTICE WEBBER

delivered the opinion of the court:

Defendant was indicted by a grand jury in McLean county for the murders of Mary and Russell Roughton, two children of the ages of nine and seven years respectively, in violation of section 9 — 1 of the Criminal Code of 1961 (Ill. Rev. Stat. 1981, ch. 38, par. 9 — 1); the multicount indictment also charged him with the aggravated kidnaping of the children in violation of section 10 — 2 of the Code (Ill. Rev. Stat. 1981, ch. 38, par. 10 — 2); and with three counts of theft of property exceeding $300 in value in violation of section 16 — 1 of the Code (Ill. Rev. Stat. 1981, ch. 38, par. 16 — 1). The latter counts alleged theft of a Datsun pickup truck, a Chevrolet pickup truck, and a red Chevrolet motor vehicle. The count concerning the red Chevrolet was severed and the record reveals no disposition of it. Defendant was tried to a jury in the circuit court of McLean county and was found guilty of all the offenses which were submitted to the jury. The State sought the death penalty for the murders, but the jury was unable to find unanimously beyond a reasonable doubt that it should be imposed. The trial court then sentenced the defendant to a term of natural life pursuant to section 5 — 8—1(a)(1)(c) of the Unified Code of Corrections (Ill. Rev. Stat. 1981, ch. 38, par. 1005 — 8—1(a)(1)(c)) for the murders of Mary and Russell Roughton; extended term sentences of 30 years each of imprisonment were imposed on the aggravated kidnaping convictions; and five years of imprisonment on each of two theft convictions, specifically, the Datsun pickup truck and the Chevrolet pickup truck.

On appeal defendant raises four principal issues which may be broadly described as: (1) error by the trial court in denying his pretrial motion to quash his arrest and suppress evidence; (2) reasonable doubt as to murder and aggravated kidnaping of the children; (3) whether defendant received a fair trial by a jury which was “death qualified;” and (4) the constitutionality of section 5 — 8—1(a)(1)(c) requiring a life sentence in the case of multiple murders.

The evidence against the defendant, except for the theft of the trucks, was largely circumstantial, and, as so frequently happens in such cases, the record consists of fragments of testimony and exhibits. In an effort to give a coherent narrative, we have rearranged the sequence of the testimony.

Ramona Hauptman, who was also known as Mickey Coyle, was the mother of the victims, Mary and Russell Roughton. The defendant was described as her “step cousin” and had lived with her and the children in the village of McLean from the month of February 1982 through a part of April 1982.

On Wednesday, April 21, 1982, Russell and Mary ate breakfast and were sent by Ramona at about 8:10 a.m. to the post office to pick up the mail. It was an approximate five-minute walk. The children were to return the mail home before going on to school. They did not return from the post office and the police were notified.

On the following day, Thursday, April 22, at about 2:40 p.m., their bodies were discovered in a gravel pit and dumping area which was located about IV2 to 2 miles north of McLean. Nearby was a partially burned blue Chevrolet pickup truck and near the truck were found four pieces of mail and a box of books from a book club, all addressed either to Mickey Coyle or Ramona Coyle. One of the pieces contained a money order receipt from the Bank of Hallandale, Hallandale, Florida, for $25. The .remitter was William Boemecke, who testified that he was Ramona’s boyfriend and had sent her six separate $25 money orders in an envelope on April 19, 1982.

Medical testimony indicated that death had occurred between 9 a.m. and 12 noon on Wednesday, April 21. Mary had received three blows to her head with a pointed object, two of which penetrated the head and either could have caused death. The wounds had a V-shaped configuration. Russell had received two blows -with a blunt object to the head. Neither penetrated but they made a large depression fracture of the skull sufficient to cause death. Another less lethal wound was found on his head and had the same V-shaped appearance as the blows to Mary’s head. A pry bar was recovered from the cab of the burned pickup truck. The truck’s owner testified that it had been kept in the glove box. The pathologist testified that it could have caused the injuries. After examining the scene, he was of the opinion that it was unlikely that the blows had been inflicted there. Two sheets of plastic material, called “visqueen,” were found near the truck; they had apparently been used to roll the bodies of the children down the mound upon which the truck was found.

Following the discovery and removal of the bodies during the afternoon of April 22, the police posted a watch over the area. The geography is not entirely clear from the record, but it appears that a road, known as the McLean/Funks Grove blacktop, runs north out of McLean towards Bloomington. About IV2 to two miles north of the village it is intersected by a gravel road which runs east to the dumping area. Three sheriff’s reserve officers were dispatched to this road to keep the curious out. They were in two vehicles, a regular sheriff’s squad car and an unmarked car; two reserve officers, Harbison and Cosentino were in the squad car; the third, Arendt, was in the unmarked car. Both cars were pulled into the gravel road, side by side, headed east. They relieved another officer who was there about 7 p.m.

Harbison testified that some traffic passed by on the blacktop during the course of the evening. At about 11:30 p.m. a small truck with a camper top passed by northbound. Harbison’s attention was drawn to it because of its slow speed, approximately 10 miles per hour, according to his estimate. About 15 minutes later the same vehicle returned, this time headed south, and again at the slow rate of speed. Harbison testified that he instructed Arendt to follow the vehicle if it came by a third time and obtain its license number.

At about 11:55 p.m. Harbison and the other reserve officers were relieved at the scene by two deputy sheriffs, Springer and Fillmore. Harbison informed them of the actions of the camper. Springer testified that about 12:25 a.m., it now being April 23, he observed a dark-colored Datsun pickup truck with a light-colored “topper” southbound on the blacktop. It slowed almost to a stop at the gravel road leading to the dump and then proceeded down the blacktop about one-quarter of a mile, at which point its brake lights came on, and it again slowed. Springer testified, “Officer Fillmore radioed to the officer that was working in McLean. It was the McLean marshal and Sgt. Kistner of our department. And he radioed what we observed happened.”

The McLean marshal was Steven Craig, who testified that he and Kistner, upon receiving Fillmore’s radio dispatch, proceeded to the north part of the village and took up positions at a gravel road located there. In due course the pickup truck with the topper came past and Craig pulled onto the blacktop behind it and activated his emergency lights. Several blocks into the village the truck stopped with Craig’s squad car behind it. Craig testified that it was his intention to give the driver a verbal warning for failure to dim headlights.

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Cite This Page — Counsel Stack

Bluebook (online)
452 N.E.2d 771, 117 Ill. App. 3d 191, 72 Ill. Dec. 518, 1983 Ill. App. LEXIS 2165, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-hobson-illappct-1983.