People v. Hood

614 N.E.2d 335, 244 Ill. App. 3d 728, 185 Ill. Dec. 201, 1993 Ill. App. LEXIS 477
CourtAppellate Court of Illinois
DecidedMarch 31, 1993
Docket1-89-2841
StatusPublished
Cited by7 cases

This text of 614 N.E.2d 335 (People v. Hood) 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. Hood, 614 N.E.2d 335, 244 Ill. App. 3d 728, 185 Ill. Dec. 201, 1993 Ill. App. LEXIS 477 (Ill. Ct. App. 1993).

Opinion

JUSTICE CERDA

delivered the opinion of the court:

After a jury trial, defendant, Roger Hood, was convicted of murder (Ill. Rev. Stat. 1987, ch. 38, par. 9 — 1(a)(2)) and armed robbery (Ill. Rev. Stat. 1987, ch. 38, par. 18 — 2(a)). He was sentenced to 32 years’ imprisonment. On appeal, defendant asserts that he was denied a fair trial because (1) the trial court barred his mother as a defense witness; (2) the trial court refused to publish a properly authenticated photo of his brother; (3) the trial court deleted a phrase of the Illinois Pattern Jury Instructions, Criminal, No. 3.06 — 3.07 (2d ed. 1987) (hereinafter cited as IPI Criminal 2d); and (4) the State committed prosecutorial misconduct during closing argument. We affirm.

At 7:15 a.m. on March 20, 1987, Henry Pykalo was shot and killed during an armed robbery outside the Rymer meatpacking plant at 4600 South Packers Street, Chicago. Margarita Martinez, who worked with the victim at the Rymer plant, testified that she was walking to work when she saw the victim drive by her and park his car. According to Ms. Martinez, an African-American man was in the victim’s car’s back seat and there were no other cars in the area. The man, who was holding a small, silver-colored gun, was standing, blocked the victim’s exit, and demanded money. When the victim refused, the man shot him.

Ms. Martinez, who was a street’s width away, called out the victim’s name as he fell. She stood there watching. The shooter looked through the car’s rear window at Ms. Martinez, who ran toward the plant. As she ran, Ms. Martinez turned to see the shooter searching the victim. Ms. Martinez testified that she could not distinguish the man’s face or eyes, but that his face was elongated.

When the police arrived, Ms. Martinez described the shooter as a tall, slim, African-American man, six feet or six feet one inch tall, about 26 years old, wearing a dark jacket and a small hat. At trial, Ms. Martinez was shown a 1982 photograph of defendant, but did not recognize the man in the picture. When asked whether defendant, who was sitting at the defense table, was the man who shot the victim, Ms. Martinez asked to see defendant’s back and right profile. Then, she replied, “I would say yes,” and that he looked like the shooter she saw.

Ms. Martinez stated that she had known the victim for three years, worked the same shift as he did, thought he was a hard worker, knew he carried large amounts of cash in his wallet, and knew that for eight months before his death, he had cashed checks for Rymer employees and sold clothing and candy on the side.

Three days later, Chicago police detective Janette McCarthy spoke with Ronald Hood, who is defendant’s brother, at the Rymer plant. On May 22, 1987, she spoke with him at the police station. After that conversation, McCarthy and her partner, Detective Kukulka, went to defendant’s mother’s house, where they found defendant, who voluntarily came to the police station.

McCarthy testified that defendant denied knowing anything about the murder until the detectives told him they did not believe him. Defendant then stated that he went to the Rymer plant on the morning of March 20, 1987, knowing that the victim carried large amounts of cash on payday. He also knew where the victim parked his car. When the victim drove up, defendant approached his car and demanded money. Defendant then pulled out his gun and the victim was shot. After searching the victim for his wallet, which contained $900 to $1,000, defendant boarded a bus and went to his mother’s house.

Defendant then agreed to give a court-reported statement. McCarthy testified that there were inconsistencies in defendant’s statements, including whether he shot the victim or the gun discharged while it was in his pocket.

Detective Kukulka testified that he questioned defendant at the police station. During the first interview, defendant denied any knowledge of the murder. According to Kukulka, defendant was not confronted with any discrepancies at that time. Two and one-half hours later, Kukulka told defendant that there were discrepancies between his statements and information the detectives had. Kukulka’s account of defendant’s subsequent oral statements was essentially the same as McCarthy’s account.

Defendant’s court-reported statement was read to the jury. According to that statement, defendant was at the scene to rob the victim. When defendant asked the victim for money and the victim refused, defendant pulled a .25-caliber automatic from his right jacket pocket and shot the victim in the arm. When the victim fainted, defendant searched his body. After defendant found the wallet in the victim’s coat pocket, he ran from the scene and took a bus to his mother’s house. Later, he told his brother that he robbed and shot a dude. Defendant further stated that he bought clothes with the $900 he found in the victim’s wallet.

Dr. Eupel Choi, who performed the autopsy, testified that the gunshot wound to the left upper arm was a contact wound. The bullet entered the body at a 45-degree downward angle and lodged in the victim’s chest. In Dr. Choi’s opinion, the cause of death was a gunshot wound to the left arm.

There was a stipulation that a .25-caliber bullet was removed from the victim and that the spent casing found at the scene was a .25-caliber shell. It was also stipulated that numerous fingerprints were taken from the victim’s automobile, but none of them matched those of defendant.

Prior to the defense case, the State moved in limine to bar defendant from calling his mother as a defense witness. The trial court granted the State’s motion after finding that defendant’s mother’s testimony would be irrelevant, cumulative, and would not provide defendant with an alibi.

In his own behalf, defendant testified that he was living with his half-brother, Ronald Taylor, and Ronald’s girl friend, Mary Griffin, at 629 E. Bowen Street, Chicago, during March 1987. (Ronald Taylor is not Ronald Hood.) At that time, defendant was receiving unemployment compensation after being laid off from Church’s Chicken. Defendant had worked nights at Rymer for three weeks in 1983 and knew the victim.

Defendant denied shooting the victim or going to the Rymer plant to rob him. In addition, defendant stated that his custodial statement was not truthful. Defendant testified that he awoke at noon when he lived on Bowen Street, never at 6 or 7 a.m. Although defendant voluntarily went to the police station on May 22, 1987, to answer questions, he denied any knowledge of the murder. According to defendant, Detective Kukulka told him that he was going to get the death penalty and threatened to arrest his whole family, including his mother, if he did not go along with Kukulka’s story.

Defendant testified that he went along with the detective’s story because he was scared. Defendant acknowledged that no one hit him, but stated that he was not allowed to call his mother to get help.

Detective Kukulka denied making any of those remarks and stated that defendant never asked to make a phone call.

Ronald Taylor and Mary Griffin both testified that defendant lived with them at 629 Bowen Street, Chicago, during March 1987.

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Bluebook (online)
614 N.E.2d 335, 244 Ill. App. 3d 728, 185 Ill. Dec. 201, 1993 Ill. App. LEXIS 477, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-hood-illappct-1993.