People v. Hubbard

584 N.E.2d 285, 222 Ill. App. 3d 605, 165 Ill. Dec. 106, 1991 Ill. App. LEXIS 1997
CourtAppellate Court of Illinois
DecidedNovember 27, 1991
Docket1-88-1601
StatusPublished
Cited by4 cases

This text of 584 N.E.2d 285 (People v. Hubbard) 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. Hubbard, 584 N.E.2d 285, 222 Ill. App. 3d 605, 165 Ill. Dec. 106, 1991 Ill. App. LEXIS 1997 (Ill. Ct. App. 1991).

Opinion

JUSTICE TULLY

delivered the opinion of the court:

On January 14, 1988, a jury found Jerry Hubbard guilty of murder and armed robbery. Judge Robert Boharic, on February 18, 1988, sentenced Hubbard to concurrent terms of 50 years for murder and 30 years for armed robbery. Defendant appeals from both the jury verdict and the sentence of the court. Defendant argues that the State failed to prove him guilty beyond all reasonable doubt. Even if proven guilty, the defendant believes his sentence was excessive.

Hubbard argues that his confession was improperly admitted and was not corroborated by independent evidence. In addition, defendant feels his sentence to be excessive because of the theory of accountability that the court used.

This court holds that the confession of the defendant was overwhelmingly supported by independent evidence; the State proved him guilty beyond a reasonable doubt. In addition, the trial court did not abuse its discretion in imposing an extended sentence.

We affirm.

On January 10, 1987, the victim, Willie Michael Reed, 24, a mentally handicapped male, went to the Popcorn Deli for his mother with $20 to buy a fish dinner and corned beef sandwiches.

Shortly thereafter, around 10 p.m., Reed was seen at 7400 Liquors by Jad Abraham, an employee. Abraham testified that he saw defendant Hubbard standing across the street from the store with two or three people while Willie Reed was in the store. The next day he identified codefendants Benjamin Dowdell and Herbert Barnes as two of the three other people. Although Abraham had never seen the defendant before, he was familiar with Barnes and Dowdell. He also testified that Hubbard, Dowdell and Herbert Barnes had left the store around 9:30 p.m. prior to Willie Reed’s arrival.

The Popcorn Deli, located at 7340 South Racine, is less than a block from 7400 Liquors. Shortly after 10 p.m. on the evening of the crime, Leslie Brown, in his second-floor apartment over the deli, heard a car horn and looked out the window. Beneath the window he saw two young black males talking. One man was tall and the other short. He overheard the two men planning a robbery. The tall man told the short man they were going to “get him” because the person had some money. A third man stopped beneath the window, said something to the two men, then crossed over to the other side of Racine and motioned at the two men, pointing toward the deli. The other two men then walked north on Racine. Brown looked away from the window when he heard a bottle hit the street. When he looked out again, all three men were running. Brown positively identified the tall man and the man across the street in a police lineup the next day. He did not identify the short male.

Later that evening, Willie Reed arrived home and told his mother he had been beaten up for $10.09. Mrs. Reed testified that Willie’s nose appeared displaced and his face was bloody. Paramedics arrived at 10:40 p.m. Paramedic Thomas Krajecki testified that he noticed a large lump on the victim’s nose, bleeding from his nose and facial swelling. Once in the ambulance, the treating paramedic discovered a large stab wound in his back. Reed suffered a cardiac arrest en route to the hospital.

A post-mortem exam was performed by Dr. Yuksel Konacki, who observed a six-inch stab wound in the victim’s back, which punctured the right lung. Dr. Konacki concluded that too much blood had drained into the chest cavity, resulting in death.

Although Dr. Konacki did not mention the nose injury in his written medical report, he testified that he noticed specks of blood about the victim’s nose. He could not tell if the nose was swollen or just deformed. He did not internally examine the nose since post-mortem methods prevent disfigurement of the facial area.

Officer Thomas Ptak testified that on January 11, 1991, he arrested Udell Barnes and Herbert Barnes, brothers. He arrested Herbert Barnes at the apartment of his girl friend, Brenda Hines. After their arrest, Officers Anthony Downing and Homer Napier returned to the apartment of Brenda Hines in order to retrieve the jacket worn by Herbert Barnes the previous night. They asked Brenda Hines if she knew Hubbard. She said he was sitting on her couch and she pointed toward him. Hubbard stepped into the hallway and said he had been with Herbert Barnes and Dowdell the previous night. Hubbard was arrested and handcuffed in the hallway, then taken to the station.

Officer Ptak and Officer Terrence O’Connor conducted the investigation. On January 11 Herbert Barnes brought Officers Ptak and O’Connor to a vacant lot at 7336 South Racine to search for the murder weapon, but found nothing due to the snow. They returned to search the same lot on January 13 and found an eight-inch, white-handled butcher knife. There were reddish stains on the blade.

Officer Ptak and Officer Michael Duffin interviewed Hubbard at the station. Ptak testified that he read Hubbard his Miranda rights prior to questioning. He then told Hubbard that they were investigating a stabbing death in the area of 73rd and Racine. Hubbard said he knew nothing about it. After being told that Herbert Barnes and Dowdell were in custody, he said he was with Barnes and Dowdell the previous night and heard them planning to rob someone. When they finished talking, he and Barnes then began walking north on Racine, and Dowdell crossed the street. A man came out of the Popcorn Deli and Dowdell yelled “that’s him.” They followed the victim to the corner of 73rd Place and Racine, where Hubbard said he struck him in the face with a bottle. Herbert Barnes then stabbed him in the back, and Dowdell went through his pockets.

Assistant State’s Attorney Kevin Durkin arrived at the station and read Hubbard his Miranda rights and told him he was a lawyer for the State. Hubbard then said he was with Barnes and Dowdell the previous night and that he knew they were planning to rob someone. He hit a man in the face with a bottle, but he did not recall who stabbed the man. He refused to sign a written statement.

Brenda Hines testified that on the evening of January 10 the defendant, Herbert Barnes and Udell Barnes and Dowdell were at her apartment. About 8 p.m., they left to buy cigarettes and beer. About 10:45 p.m., Herbert Barnes, Dowdell and Jerry Hubbard returned with beer, corned beef sandwiches and fish.

At trial, defendant testified he went to the store with Herbert Barnes and Dowdell to buy cigarettes and beer. While defendant purchased the items, Barnes called his brother and then stepped outside with Dowdell. When defendant left the store, he saw several men a few buildings away, near the Popcorn Deli. They appeared to be arguing, and he recognized them as Herbert Barnes and Udell Barnes and Dowdell. There was also another man whom he could not recognize. He saw a man fall to the ground and Herbert’s hand went up and down, but he saw nothing in it. Herbert Barnes and the man were fighting. Defendant began to run when he saw Herbert Barnes running toward him.

He further testified that at the station he did not answer questions because he was unaware of what the officers were talking about. He was not read any Miranda warnings.

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636 N.E.2d 675 (Appellate Court of Illinois, 1993)
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595 N.E.2d 124 (Appellate Court of Illinois, 1992)
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Delatorre v. State
544 N.E.2d 1379 (Indiana Supreme Court, 1989)

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Bluebook (online)
584 N.E.2d 285, 222 Ill. App. 3d 605, 165 Ill. Dec. 106, 1991 Ill. App. LEXIS 1997, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-hubbard-illappct-1991.