People v. House

597 N.E.2d 764, 232 Ill. App. 3d 480, 173 Ill. Dec. 790, 1992 Ill. App. LEXIS 1177
CourtAppellate Court of Illinois
DecidedJuly 21, 1992
DocketNo. 1—88—3506
StatusPublished

This text of 597 N.E.2d 764 (People v. House) 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. House, 597 N.E.2d 764, 232 Ill. App. 3d 480, 173 Ill. Dec. 790, 1992 Ill. App. LEXIS 1177 (Ill. Ct. App. 1992).

Opinion

JUSTICE SCARIANO

delivered the opinion of the court:

On November 1, 1986, Richard Sax (Sax) was found dead in the front seat of his car which was parked in an empty parking lot near Halsted and Cherry Streets in Chicago. On December 23, 1986, defendant, Darryl House, was arrested and charged with the murder and armed robbery of Sax. Following a jury trial, defendant was found guilty of both charges and was sentenced to an extended term of 80 years in the custody of the Illinois Department of Corrections.

According to her testimony at trial, T.B., a minor and an eyewitness to, and participant in, the crime, stated that on October 31, 1986, she, her friend, Erika Simpson,1 and defendant were “going to go *** flag down a car [and] rob somebody.” Armed with a gun, defendant flagged down Sax’s car at the intersection of Halsted and Division Streets. After defendant had talked to Sax for a few minutes, defendant signaled to T.B. and Simpson to get into the car. Defendant got into the front passenger’s seat and T.B. and Simpson got into the back seat. Sax then drove the car to the Shrimp House Restaurant on Division Street and gave Simpson money to buy some shrimp. According to T.B.’s testimony, Sax agreed to buy marijuana from defendant and paid him the money in advance. After leaving the restaurant, defendant directed Sax to a nearby parking lot, a more secluded location, in order to complete the transaction. When defendant failed to produce the marijuana and refused to return Sax his money, the two began to argue. Defendant, Simpson, and T.B. got out of the car, but then defendant entered the back seat behind Sax and shot him in the head. T.B. further testified that she and Simpson ran once they heard the gunshots. The next day she saw defendant, who told her “if I tell anybody, he was going to kill me.”

During cross-examination T.B. admitted that when she was originally questioned by the police on the evening of December 22, and the early morning hours of December 23, 1986, she had given them a different version of the incident: that she did not know defendant was going to rob Sax and that she did not know defendant had a gun until the shooting occurred. It was also developed at trial that the statement which T.B. had originally given to the police regarding Sax’s location when he was shot was inconsistent with the findings of the police investigation, in that T.B. initially had stated that Sax was shot while standing outside of the car and was then placed in the driver’s seat; but the police investigation indicated that it was more likely that Sax was shot while sitting in the driver’s seat.

Based on T.B.’s December 22-23, 1986, statement, as well as a statement given by Simpson, the police drove to defendant’s home on December 23, 1986, at approximately 5:15 p.m. Officers Villardita and Kaminski approached the front door, while Officers Richter and So-bolweski were positioned in the back of the house. Villardita knocked on the door and defendant’s 13-year-old brother answered. Villardita testified at trial that when defendant came to the door he and his partner identified themselves as police officers and “told [defendant] we wanted him to come to Area 6 Violent Crimes with us, we were investigating a crime.” Kaminski, Villardita’s partner, testified that when defendant came to the door “[Villardita] stated that we wanted to talk to him.” Once at the station, defendant was placed in an interview room, handcuffed to the wall and left unattended for approximately 15 minutes. In that room there were plastic chairs with metal legs. When Villardita came into the room to speak with him, he told defendant “we were investigating a murder that had happened Halloween night, where it happened, on Goose Island, and *** I advised him of his rights.” Defendant acknowledged that he understood those rights. Thereafter, defendant had several conversations with the police in which he made several incriminating statements. At approximately 7 p.m. Assistant State’s Attorney Timothy Joyce arrived and spoke with defendant for approximately 15 minutes. During this conversation defendant agreed to make a statement but declined to make it in the presence of a court reporter, preferring instead that Joyce write it out for him. Joyce accordingly drafted a statement which defendant read aloud and signed; the statement was witnessed by Joyce, Villardita and Detective Johnson.

In the statement, defendant acknowledged that he had been read and understood his Miranda rights. He also admitted that he and Erica Simpson and T.B. had decided to “rip someone off” and that he had flagged down the car driven by Sax. All three of them got into the car, and when Sax learned that defendant did not have any marijuana at the time he had offered to sell him some, he gave defendant money to buy it for him. After they left the Shrimp House Restaurant on Division Street, defendant directed Sax to an empty parking lot near the corner of Halsted and Cherry Streets, in order to complete the transaction. When Sax said that he did not want to buy the marijuana but wanted his money back, defendant became angry and shot him with a .38 caliber revolver. After defendant shot Sax, he took from him his silver money clip, which contained approximately $30.

In his interview with Joyce, defendant did not mention to him that he had been physically abused or coerced into making his statement and Joyce did not notice any marks or bruises on any part of defendant’s body or tears in his clothing. Villardita testified that he neither used force against nor coerced defendant into making his statement and that he did not witness any other officers committing these acts. Officer Kaminski testified that he never struck, punched, stomped, kicked or threw a chair on defendant, and that in his presence he never saw anyone threaten or strike defendant.

On December 24, 1986, after defendant had been placed in the lock-up area of Branch 66, he met with James Mullinex of the Cook County public defender’s office. Mullinex testified that an investigator from that office took photographs of defendant. Mullinex recalled that defendant had “some markings on his wrists *** [and] on his back as well [, although the mark on the back] appears to be scabbed over. *** [He was also wearing] a black shirt and there was a hole in the black shirt, a round hole maybe about an inch in diameter.”

Also at trial Ronald Rose, an emergency medical technician employed at the Cermak Health Center, a part of the Cook County jail, testified on behalf of the State. Rose stated that as part of his job he screens inmates who are brought into the jail for medical problems, and on December 24, 1986, he examined defendant. At that time defendant did not complain of any injuries, and when asked about his health, defendant stated that it was good. Rose noted no bruises or other signs of trauma on defendant.

At trial defendant testified on his own behalf and stated that, when the police appeared at his door, “they said they caught the person who stabbed [me a few months earlier]. Would I come down and identify him in the line-up.” When they arrived at the police station, defendant was placed in a small room for approximately 30 minutes. Later four police officers entered the room and began asking him questions regarding a murder in which [T.B.] had implicated him.

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Cite This Page — Counsel Stack

Bluebook (online)
597 N.E.2d 764, 232 Ill. App. 3d 480, 173 Ill. Dec. 790, 1992 Ill. App. LEXIS 1177, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-house-illappct-1992.