People v. Johnson

459 N.E.2d 1000, 121 Ill. App. 3d 358, 76 Ill. Dec. 865, 1984 Ill. App. LEXIS 1418
CourtAppellate Court of Illinois
DecidedJanuary 18, 1984
Docket80-1783
StatusPublished
Cited by9 cases

This text of 459 N.E.2d 1000 (People v. Johnson) 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. Johnson, 459 N.E.2d 1000, 121 Ill. App. 3d 358, 76 Ill. Dec. 865, 1984 Ill. App. LEXIS 1418 (Ill. Ct. App. 1984).

Opinion

JUSTICE WHITE

delivered the opinion of the court:

Following a jury trial, defendant, Earl Johnson, was found guilty of murder, attempted murder, attempted armed robbery, and armed violence. He was sentenced to concurrent terms of imprisonment of 80 years for murder, 20 years for attempted murder, and 15 years for attempted armed robbery. On appeal, Johnson contends: (1) that evidence of a statement made by him and of an out-of-court identification should have been suppressed as the fruit of his illegal arrest; (2) that the State failed to meet its burden of proving that his statement was voluntary; (3) that he was denied a full and fair hearing on his motion to suppress identification testimony; (4) that he was deprived of a full opportunity to present evidence to the jury relevant to the question of the weight to be given to identification evidence; (5) that a closing argument comment by the prosecution was not based on any evidence; and (6) that the trial court erred in imposing an extended-term sentence for the conviction of murder.

Evidence at trial showed that at 6:30 p.m. on December 14, 1978, three men attempted to rob the K and M Food and Liquor store located at 1257 West Roosevelt Road in Chicago. Khalil Matariyeh was the owner of the store, and he and his three sons, Walid, Nabil and Suleiman (Steve), were working in the store at the time of the attempted robbery. The only prosecution witness able to identify Johnson as one of the assailants was Steve Matariyeh. Steve testified that at 6:30 p.m., three men entered the store and that Johnson was the first of the men to enter. Johnson was holding a gun in his hand, and he said, “This is a hold up.” At this time, Steve was approximately two feet from Johnson. Walid was approximately six feet from Johnson, and after Johnson announced the hold-up, Walid said, “You can get hurt playing like that.” Johnson then shot Walid. At the time of the shooting, Walid had nothing in his hand and he was not moving toward anything. After the shot was fired, Steve hit Johnson on the hand with a broom. Steve continued to strike Johnson with the broom, and Nabil came from the other side of a counter and grabbed Johnson. Nabil and Johnson struggled, and then Khalil came from the back of the store and grabbed Johnson. The gun fell to the floor. Earl Peterson, one of the other assailants, picked up the gun, pointed it at Steve and shot at him; however, Steve was not hit by the shot. After this, Steve saw the three assailants run from the store. The assailants had been in the store for approximately two minutes. Steve further testified that prior to December 14, 1978, he had seen Johnson in the store on approximately nine or 10 occasions over a period of one year, that on those occasions Johnson was a customer, but that on those occasions he had not spoken with Johnson. In addition, Steve testified that on December 15, 1978, he viewed a lineup at a police station and that he picked out Johnson as the man who shot Walid. The testimony of Steve Matariyeh as to the events that took place at 6:30 p.m. on December 14, 1978, was largely corroborated by the testimony of Nabil and Khalil; however, neither of these prosecution witnesses identified Johnson as one of the assailants or as the man who shot Walid Matariyeh.

Dr. Lee F. Beamer, a pathologist employed as an assistant medical examiner by Cook County, testified that on December 16, 1978, he performed a post-mortem examination on the body of Walid. He observed a projectile wound to the right eye, and he removed two projectile fragments from the brain. His opinion as to cause of death was that Walid had been shot to death.

An out-of-court statement made by Johnson after his arrest on December 15, 1978, to an assistant State’s Attorney was also admitted into evidence. In that statement, Johnson stated: that at approximately 6:30 p.m. on December 14, 1978, he entered a store located at 1257 West Roosevelt Road in Chicago with Earl Peterson and Reginald Burks; that Burks had a gun and that he knew Burks had a gun; that either Burks or Peterson told everybody in the store, “Don’t nobody move”; that someone started moving and Burks fired two shots; that he saw Walid Matariyeh duck but did not know if he fell; and that he ran outside and eventually went home. Johnson also said in his statement that it was Peterson’s idea to rob the store, and that he had a discussion with Peterson in this regard prior to the attempted robbery.

I

Johnson first contends that evidence of his out-of-court.statement and of the out-of-court identification by Steve Matariyeh should have been suppressed as the fruit of his illegal arrest. He argues that his arrest was illegal because he was arrested in his home without a warrant. In Payton v. New York (1980), 445 U.S. 573, 576, 63 L. Ed. 2d 639, 644, 100 S. Ct. 1371, 1374-75, the United States Supreme Court held that “[t]he Fourth Amendment to the United States Constitution, made applicable to the States by the Fourteenth Amendment [citations], prohibits the police from making a warrantless and nonconsensual entry into a suspect’s home in order to make a routine felony arrest.” (See also United States v. Johnson (1982), 457 U.S. 537, 538-39, 73 L. Ed. 2d 202, 206, 102 S. Ct. 2579, 2581.) The presence of exigent circumstances will, however, justify such a warrant-less entry into a suspect’s home to arrest. Payton v. New York (1980), 445 U.S. 573, 590, 63 L. Ed. 2d 639, 653, 100 S. Ct. 1371, 1382.

At the hearing on Johnson’s motion to quash his arrest, the only witness to testify was Chicago police officer James Branick. He testified that during the evening hours of December 14, 1978, he was investigating the attempted armed robbery and shooting that had occurred at the grocery store located at 1257 West Roosevelt Road at 6:30 p.m. on December 14. Pursuant to his investigation, he went to Illinois Research Hospital where he interviewed Steve Matariyeh, Nabil Matariyeh and Khalil Matariyeh. They advised him that three black males had attempted to rob the store, shot the victim, fought with them and ran away. They described the shooter as a black male, 19 to 23 years of age, 5 feet 5 inches to 5 feet 8 inches tall, 140 to 150 pounds, of medium complexion and with a moustache. Nabil told him that prior to the incident he had seen two of the assailants as customers of the store, and Khalil told him that he recognized one of the assailants as a previous customer of the store. Subsequently, Branick went to the police station located at 3151 West Harrison Street. At approximately midnight, he spoke with Reginald Burks, who was under arrest at the time, in an interview room at the police station. Burks stated that he, Earl Johnson, and a man known as Pearl, committed the attempted robbery, that Earl Johnson shot the victim, and that they ran away. Burks also told him that Johnson lived in the project area. Branick was not sure if Burks gave him Johnson’s address or whether he obtained it from police records. Branick then checked various police records, and he found a record for a person by the name of Earl Johnson which stated that Johnson’s address was 1111 West Roosevelt Road. After obtaining this information, Branick went without a warrant to 1111 West Roosevelt Road where he placed Johnson under arrest at approximately 2:15 a.m.

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Bluebook (online)
459 N.E.2d 1000, 121 Ill. App. 3d 358, 76 Ill. Dec. 865, 1984 Ill. App. LEXIS 1418, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-johnson-illappct-1984.