People v. Jones

603 N.E.2d 619, 236 Ill. App. 3d 244, 177 Ill. Dec. 549, 1992 Ill. App. LEXIS 1554
Appellate Court of Illinois·Decided September 28, 1992·No. 1—90—2562, 1—90—2843 cons.·Published·Cited by 12 cases

Opinion

JUSTICE MANNING

delivered the opinion of the court:

Defendants Jerry and Marshall Jones were charged by indictment with murder, armed robbery and burglary. Defendants were tried separately but simultaneously before two juries. Jerry Jones was convicted of all three counts and Marshall Jones of all charges, except the burglary charge. Defendant Jerry was sentenced to an extended term of 80 years, and defendant Marshall was sentenced to an extended term of 75 years.

On appeal defendants argue that: (1) they were denied a fair trial because the jury was allowed to view a close-up photograph of the decedent’s blood-covered face; (2) that the court erred in finding that their conduct was exceptionally brutal and heinous, indicative of wanton cruelty; and (3) that the sentencing mittimus must be amended to reflect credit for time served while in custody from the day they waived extradition from Tennessee to Illinois.

The following testimony was adduced at trial. Betty Brown testified that she was the owner of “Betty’s” lounge located on Clark Street in Chicago. Brown lived in an apartment on the second floor above the lounge. She testified that John Hood, the decedent, was employed as a bartender at the lounge on December 25, 1985. Brown stated that she made two trips from her apartment to the lounge on that date, at 5 p.m. and 9:45 p.m. There were no patrons in the lounge at 9:45 p.m., and Brown advised decedent that he could close the lounge at midnight if business did not pick up. She stated that at 2 a.m. the following morning she received a telephone call from the Chicago police, walked downstairs to the lounge with her husband, where they saw the decedent lying on the floor in a pool of blood. Brown testified that the cash register, money and liquor were missing from the lounge.

Carlos Bauer testified that on the morning of the incident he returned from a Christmas party and walked down Clark Street on his way to “Betty’s” to purchase cigarettes. He saw his neighbor, Miguel Biluje, leave “Betty’s” with another man, and one of the two told Bauer that the bartender had been shot and that the police had been called. Bauer ran into “Betty’s,” where he saw the decedent’s body lying on the floor. Bauer exited the bar and flagged down a police car.

Chicago police officer Timothy Hickey testified that he arrived at “Betty’s” lounge about 1 a.m. on December 26, 1985. He entered the lounge, where he observed the decedent lying behind the bar. Hickey stated that he observed stab wounds in the decedent’s back and blood in the area where his body lay. The cash register was missing, and a bar stool was tipped over inside the lounge. There were also red footprints on the floor.

Richard Mariner, a Chicago police detective, testified that he was called to the scene of the homicide on December 26, 1985. He interviewed four persons there and none of the four had blood on them. Detective Mariner also stated that he went to Tennessee to bring defendants back to Illinois for trial. They returned to Illinois on April 27, 1988. He testified that en route from Tennessee defendant Jerry stated that whatever defendant Marshall told him was exactly what happened on the night of the incident.

Sharon Tate was married to defendants’ brother, Carl Jones. Sharon and Carl lived in an apartment near “Betty’s” lounge. Sharon testified that about 6 p.m. on December 25, 1985, defendants came by their apartment, left the apartment shortly thereafter, and returned to the apartment at about 10 p.m. that evening. They left the apartment a second time and returned at about 1:30 a.m. Carl opened the door and defendants and Carl began talking in the kitchen. Carl later asked Sharon to bandage defendant Marshall’s leg. Sharon testified that, while in the kitchen, she observed blood on the defendants’ pants and boots, and observed a cash register on the stove and liquor bottles on the sink. There was also a cash register receipt with “Betty’s” lounge printed on it. She stated that these items were not in the kitchen before defendants came to the apartment.

Sharon testified that she heard Jerry say, “All this for a little of nothing — All this shit for little of nothing.” She observed a puncture wound in Marshall’s left leg. Sharon testified that Jerry changed his clothes and placed the old clothes into a duffel bag. The defendants also placed the cash register drawer and the liquor bottles in the bag.

Sharon testified before Marshall’s jury that she asked Marshall why they had committed the crime and Marshall replied that he would receive 40 years and that Sharon would never see him again. Sharon further testified that Marshall wrote several letters to her. She claimed that the first letter asked her to avoid being found so that she and Carl would not have to testify in court. In a second letter he instructed Sharon to keep all letters that he wrote her, and a third letter instructed Sharon not to appear in court.

Carl Jones, brother of the defendants, testified that at about midnight on December 25, 1985, defendants came to the back door of his apartment with a plastic garbage bag. Carl stated that defendant Jerry stated “Do you want to kick my ass now or later,” and that they had “fucked up.” The defendants removed a cash register drawer and liquor bottles from the bag. Jerry placed the cash register drawer on top of the stove and counted the money. Carl stated that Jerry said the money totaled only $100 or $200, which was not worth the trouble they were in. He also testified that Jerry stated the defendants had robbed a bar and stabbed the bartender and that he believed the bartender was killed. Carl testified that defendants’ clothes were full of blood and that they changed clothes, packed their soiled clothes in a duffel bag and left the apartment.

Carl testified before defendant Marshall’s jury that Marshall had blood on his pants when he came into the kitchen and that Marshall told him that he had “messed up” and stabbed the bartender at “Betty’s.” Carl stated that he saw Jerry count the money, after which Marshall stated, “It wasn’t worth the trouble.” Carl also observed both defendants with knives that they took with them when they left the apartment. He stated that he saw a cut on Marshall’s left leg and asked Sharon to assist with the injury.

Dr. Choi, assistant Cook County medical examiner, testified that he performed an autopsy on the decedent. He stated that decedent’s cause of death was multiple stab wounds and blunt trauma. He testified that while there were abrasions on decedent’s elbows, there were no other signs of defense wounds on his arms, hands or fingers. Dr. Choi also testified that the trauma depicted in the photographs during trial were consistent with a foot kicking on the body.

During trial the court allowed the State to enter into evidence a photograph that graphically depicted the injury to decedent’s head. Defense counsel objected to the admission of this evidence. The court overruled this objection.

At the close of trial, the jury for Jerry Jones found him guilty of murder, armed robbery, and burglary. The jury for defendant Marshall Jones found him guilty of murder and armed robbery.

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People v. Jones, 603 N.E.2d 619, 236 Ill. App. 3d 244, 177 Ill. Dec. 549, 1992 Ill. App. LEXIS 1554 (Ill. Ct. App. 1992).

603 N.E.2d 619 (People v. Jones) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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