People v. Illgen

583 N.E.2d 515, 145 Ill. 2d 353, 164 Ill. Dec. 599, 24 A.L.R. 5th 864, 1991 Ill. LEXIS 115
Illinois Supreme Court·Decided November 21, 1991·No. 71151·Published·Cited by 698 cases

Opinion

JUSTICE BILANDIC

delivered the opinion of the court:

Following a jury trial in the circuit court of Will County, the defendant, Eric James Illgen, was convicted of the murder of his wife, Linda, and was sentenced to a term of 30 years’ imprisonment. The appellate court, with one justice dissenting, reversed the defendant’s conviction and remanded the cause for a new trial. (204 Ill. App. 3d 701.) The majority of the appellate court concluded that the trial court improperly admitted testimony that the defendant had, in the past, physically abused the victim. The dissenting justice concluded that the testimony was admissible to establish the defendant’s intent. (204 Ill. App. 3d at 707 (Heiple, J., dissenting).) We allowed the State’s petition for leave to appeal (134 Ill. 2d R. 315(a)).

The defendant contends that his conviction must be' reversed because the trial court improperly admitted evidence that he physically abused the victim in the past and because he was not proven guilty beyond a reasonable doubt. He also argues that the sentence imposed is excessive. Because we find no reversible error among these claims, we reverse the judgment of the appellate court and affirm the decision of the circuit court.

THE EVIDENCE AT TRIAL

The victim, Linda Illgen, sustained a fatal gunshot wound on April 14, 1989. At trial, Sally and Lisa Illgen, the daughters of the defendant and the victim, testified for the State. Sally and Lisa testified that on the evening of April 14, 1989, they played while their parents watched a movie on television. At some point during the evening their mother told them to play in the back of the house because their father, the defendant, had a loaded gun. The girls testified that they then went to a storage room in the back of the house and hid between some boxes. While in the storage room, the girls heard their mother say, “Don’t point that gun at me.” The girls subsequently heard their mother call them into the living room. As they walked toward the living room, they heard a gunshot. When they entered the living room, they saw their mother slumped on the couch, bleeding. Sally testified that she saw her father holding a gun and standing in front of her mother. She heard him say that it was an accident. Lisa testified that her father said “Oh my God, Linda,” and put the gun on the kitchen table. The girls testified that their parents had not argued on the night of the shooting. Sally also stated that her father often played with guns and their mother always had them leave the room when he did so.

Officer Kenneth Simpson of the Bolingbrook police department testified that, when he arrived at the Illgen home, he observed the victim sitting on the couch with a gunshot wound below her right eye. He spoke with the defendant for approximately 50 minutes. During this period of time, the defendant intermittently asked for help, said he wished he were dead, and stated “I slipped,” “They did it” and “Someone pushed me.” The defendant also asked Simpson to kill him because he had shot his wife.

Detective Joseph Andalina testified that the defendant was sobbing when he arrived at the Illgen home at approximately 9 p.m. When he asked the defendant what happened, the defendant stated that “Lester was here.” Andalina later determined that the defendant’s father was named Lester. When asked whether the shooting was an accident, the defendant stated “these things are never an accident.” The defendant also told Andalina that he had a sleepwalking problem. Andalina testified that the defendant appeared alternately calm and upset and stated that Lester made him do it, that his wife pushed him, pushed Lester, and finally, pushed the wrong button, so he shot her. Andalina and another officer questioned the defendant further at the police station later that evening. The defendant told the officers that he was sitting on the couch cleaning and “working” the gun mechanism. His wife was also sitting on the couch, watching television. At some point, he heard the gun discharge and saw blood on his wife’s face. The defendant told the officers that he wished he knew what happened “because these things are never accidents.” Andalina testified that the defendant alternated between giving responsive answers to questions and making bizarre, irrational statements.

The pathologist who performed an autopsy on the victim testified that a bullet entered the victim’s head just below her right eye and followed a downward course at a 20-degree angle, exiting in the back of her neck. The physician testified that there was a heavy deposit of soot in a three-inch area surrounding the wound. Other testimony established that such a soot pattern would appear if the muzzle of the gun was anywhere from 3 to 12 inches away from the victim’s face when the gun discharged. The evidence also established that the weapon used to kill the victim was a .45 caliber with a single-action mechanism. In other words, the hammer had to be cocked and the trigger pulled before the gun could be fired.

A police evidence technician testified that he found a bullet lodged in the rear of the center back couch cushion. He also testified that he observed a blackened area on the back of the victim’s left hand. Subsequent analysis revealed that this blackened area was gun powder residue which could have resulted if the victim’s left hand was on or near the muzzle of the gun when it discharged. The evidence at trial established that the victim was left-handed.

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People v. Illgen, 583 N.E.2d 515, 145 Ill. 2d 353, 164 Ill. Dec. 599, 24 A.L.R. 5th 864, 1991 Ill. LEXIS 115 (Ill. 1991).

583 N.E.2d 515 (People v. Illgen) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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