People v. Jones

475 N.E.2d 832, 105 Ill. 2d 342, 86 Ill. Dec. 453, 1985 Ill. LEXIS 183
CourtIllinois Supreme Court
DecidedFebruary 6, 1985
Docket57216
StatusPublished
Cited by90 cases

This text of 475 N.E.2d 832 (People v. Jones) 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. Jones, 475 N.E.2d 832, 105 Ill. 2d 342, 86 Ill. Dec. 453, 1985 Ill. LEXIS 183 (Ill. 1985).

Opinion

JUSTICE GOLDENHERSH

delivered the opinion of the court:

In an indictment returned in the circuit court of Jefferson County, defendant, William T. Jones, was charged with the murder and felony murder (Ill. Rev. Stat. 1981, ch. 38, pars. 9 — 1(a)(2), (3)) of Margaret Dare, attempted murder (Ill. Rev. Stat. 1981, ch. 38, pars. 8 — 4(a), 9— 1(a)(1)) of James Dare, armed robbery (Ill. Rev. Stat. 1981, ch. 38, par. 18 — 2), home invasion (Ill. Rev. Stat.

1981, ch. 38, par. 12 — 11), residential burglary (Ill. Rev. Stat. 1981, ch. 38, par. 19 — 3(a)), and aggravated battery (Ill. Rev. Stat. 1981, ch. 38, par. 12 — 4(b)(1)). Following a jury trial, defendant was convicted of felony murder, murder, attempted murder, armed robbery, residential burglary, and aggravated battery. In a death penalty hearing requested by the People, the jury found that one or more of the factors set forth in section 9 — 1(d) of the Criminal Code of 1961 (Ill. Rev. Stat. 1981, ch. 38, par. 9 — 1(d)) existed and found that there were no mitigating factors sufficient to preclude a sentence of death. Defendant was sentenced to death, and the sentence was stayed (87 Ill. 2d R. 609(a)) pending appeal to this court (Ill. Const. 1970, art. VI, sec. 4(b); 87 Ill. 2d R. 603). Defendant was also sentenced to natural life for murder, 60 years for attempted murder, 60 years for armed robbery, 30 years for residential burglary, and 10 years for aggravated battery.

James Dare, 62 years of age, testified that on January 25, 1982, he and his wife, Margaret, resided in a rural area in Jefferson County. That night, the couple went to bed at about 10 p.m. Some time after falling asleep he heard Margaret shouting, “Come quick.” He went to the living room where he saw a man with his arms around Margaret. The intruder threatened, “If you interfere, I’ll kill her.” Mr. Dare could recall nothing further.

Louise Breeze, Margaret Dare’s aunt, lived in a trailer' next to the Dare residence. She testified that Margaret visited her almost every morning, and that, when Margaret failed to answer her telephone calls on the morning of January 26, Mrs. Breeze called Margaret’s sister, Lucy Baker. At approximately 9 a.m. Mrs. Breeze went to the Dare residence. She saw Margaret on the living room sofa, and James struggling toward the front door. There was blood “all over the room and her [Mrs. Dare].” Mrs. Breeze ran to her trailer to telephone for an ambulance and the sheriff.

When the ambulance attendants arrived, they examined Margaret Dare and determined that she was dead. Deputy Sheriff Jerry Almaroad and Chief Deputy Roy Bradford arrived at the scene at 9:13 and 9:15 a.m., respectively. Bradford testified that Dare stated that a black man had broken into his house in the middle of the night. When a paramedic arrived at approximately 9:20 a.m., Dare was in a deep state of shock and could not further respond to either verbal or physical stimuli.

Deputy Almaroad testified that the living room showed signs of a struggle. He determined that a stereo had been removed because a turntable dust cover was upside down on the floor and speaker wires had been disconnected. He also concluded that a portable television had been taken because its silhouette had been traced in the dust on a stand, and the wires had been cut. A large, wooden-handled knife, later identified by Dorothy Lacey as being hers, was found in a wash pan in the kitchen. The knife, together with a television set, jewelry, a clock, and a quilt, had been stolen from Mrs. Lacey’s home in Mt. Vernon during a burglary on January 23.

James Jennings, defendant’s brother-in-law, testified that between 10 and 10:30 p.m., January 23, defendant came to the residence where Jennings and Larry Faint lived. Defendant brought a television, a television stand, a white quilt, a clock, and some jewelry into the house. These items remained there until defendant picked them up the next day. Defendant left Jennings’ home but returned sometime in the early morning hours of January 26. Defendant, Jennings and Faint decided to go to Decatur. Both Faint and Jennings testified that, on the way to Decatur, all three sat in the front seat because a television and stereo covered with a white quilt were in the back seat of the car. Upon arriving in Decatur, they went to defendant’s sister’s apartment.

Faint testified that the stereo and television were taken into defendant’s sister’s apartment and that it was necessary to wipe off the stereo because it appeared that there was blood on it. After unsuccessful attempts to sell the stereo and television, defendant found an auction where he sold the television for $50. Defendant and his companions then left Decatur for Mt. Vernon. On their way, they stopped in Centralia to attempt to sell the stereo. The stereo was not sold, and they returned to Mt. Vernon. Defendant testified that he then took Faint to his apartment and took Jennings to a restaurant where they saw Jennings’ sister. She informed them that the police were looking for Jennings and defendant. Defendant returned home, spoke with his wife, and went to the police department. He drove to police headquarters in his 1971 Ford Torino. A confidential source had informed Deputy Sheriff Lamar that a friend of defendant had told him that stolen property could be found in defendant’s car. A search warrant was issued, and defendant’s car was searched. The officers discovered a white quilt and jewelry, all later identified by Mrs. Lacey ■ as items taken during the burglary of her home in Mt. Vernon two nights before the crimes at the Dare residence. Her identification of these items was the basis for connecting defendant to the crimes committed at the Dare residence because, as noted earlier, the wooden-handled knife found at the Dare residence had been identified by Mrs. Lacey as being hers.

Defendant contends first that the conviction must be reversed for the reason that the People failed to prove his guilt beyond a reasonable doubt. We do not agree. The testimony shows that an individual with the same type of blood as defendant had been in the Dare home on the night of the murder. The evidence also shows that a knife taken in the burglary at the Lacey home was found in the Dare home and that other items taken in the Lacey burglary were found in defendant’s automobile. Defendant’s testimony, and the testimony of the other individuals whom he saw that night and. with whom he went to Decatur and Centraba, do not exclude the possibility that sometime during that night defendant could have perpetrated the crimes.

Defendant contends correctly that when a conviction for murder rests upon circumstantial evidence the guilt of the defendant must be so thoroughly established as to exclude every other reasonable hypothesis. (People v. Garrett (1975), 62 Ill. 2d 151, 163.) It is not necessary, however, that the jury be satisfied beyond a reasonable doubt as to each link in the chain of circumstances. It is sufficient if all the evidence taken together satisfies the jury beyond a reasonable doubt of the accused’s guilt. (People v. Foster (1979), 76 Ill. 2d 365, 374.) We have considered defendant’s argument that he presented credible, corroborated testimony which accounted for his whereabouts at the time the murder was committed. The credibility of defendant and the witnesses who testified in his defense was for the jury to determine.

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Bluebook (online)
475 N.E.2d 832, 105 Ill. 2d 342, 86 Ill. Dec. 453, 1985 Ill. LEXIS 183, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-jones-ill-1985.