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
CourtIllinois Supreme Court
DecidedNovember 21, 1991
Docket71151
StatusPublished
Cited by698 cases

This text of 583 N.E.2d 515 (People v. Illgen) is published on Counsel Stack Legal Research, covering Illinois Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
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).

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.

Over the defendant’s objection, the trial court admitted evidence of prior incidents of physical abuse inflicted upon the victim by the defendant in order to establish his motive and intent and to show that the shooting was not an accident. This evidence was introduced through the testimony of Carol Svarz. Svarz testified that she had known the defendant since 1969 and the victim since 1970. Svarz testified that she personally observed the defendant strike his wife on several occasions between 1972 and 1989. In 1972 or 1973, she saw the defendant hit the victim on the back of the head because the victim had failed to retrieve the defendant’s shotgun from the back seat of their automobile. In 1978, Svarz observed the defendant screaming and yelling at his wife while they were at the Svarz home. He demanded that his wife wash his boots and, when he later found water inside the boots, he hit her in the face. In January of 1980, while visiting the victim at her home in Bolingbrook, Svarz observed black and blue marks on Linda’s face. At that time, the defendant told her that the victim had bumped into a door. Two months later, in March 1980, the defendant told Svarz that he sleepwalks and when he awakens, his wife is black and blue, and he does not know how it happens. Svarz further testified that Linda sought help from the Brookfield police in January of 1982. The police took her to the Glen Ellyn Abuse Center for Women, where she stayed for six months before reconciling with the defendant. In October of 1982, while Svarz was visiting in the Illgen home, she heard the defendant say that he never had to worry about his wife leaving him again, because she and the children would get a bullet and the barrel of the gun would go into his mouth. In 1986, Svarz again saw the defendant strike his wife while in the Illgen home, apparently because he was angry with her for seeing her parents.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

People v. Sosa-Mejia
2025 IL App (5th) 240193-U (Appellate Court of Illinois, 2025)
People v. Cotton
2024 IL App (4th) 230002-U (Appellate Court of Illinois, 2024)
People v. Martinez
2023 IL App (1st) 220846-U (Appellate Court of Illinois, 2023)
People v. Quintero
2023 IL App (3d) 200302-U (Appellate Court of Illinois, 2023)
People v. Moore
2023 IL App (1st) 211421 (Appellate Court of Illinois, 2023)
People v. Hudson
2023 IL App (1st) 192519 (Appellate Court of Illinois, 2023)
People v. Williams
2022 IL App (2d) 200455 (Appellate Court of Illinois, 2022)
People v. Stewart
2022 IL App (1st) 200046-U (Appellate Court of Illinois, 2022)
People v. Bustos
2020 IL App (2d) 170497 (Appellate Court of Illinois, 2021)
People v. Hardy
2020 IL App (1st) 172485 (Appellate Court of Illinois, 2020)
People v. Feliciano
2020 IL App (1st) 171142 (Appellate Court of Illinois, 2020)
People v. Davison
2019 IL App (1st) 161094 (Appellate Court of Illinois, 2019)
People v. Sims
2019 IL App (3d) 170417 (Appellate Court of Illinois, 2019)
People v. Petrakis
2019 IL App (3d) 160399 (Appellate Court of Illinois, 2019)
People v. Moon
2019 IL App (1st) 161573 (Appellate Court of Illinois, 2019)
People v. Foreman
2019 IL App (3d) 160334 (Appellate Court of Illinois, 2019)
People v. Slabon
2018 IL App (1st) 150149 (Appellate Court of Illinois, 2018)
People v. Dabney
2017 IL App (3d) 140915 (Appellate Court of Illinois, 2017)
People v. Lobdell
2017 IL App (3d) 150074 (Appellate Court of Illinois, 2017)
People v. Fretch
2017 IL App (2d) 151107 (Appellate Court of Illinois, 2017)

Cite This Page — Counsel Stack

Bluebook (online)
583 N.E.2d 515, 145 Ill. 2d 353, 164 Ill. Dec. 599, 24 A.L.R. 5th 864, 1991 Ill. LEXIS 115, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-illgen-ill-1991.