People v. Keefe

567 N.E.2d 1052, 209 Ill. App. 3d 744, 153 Ill. Dec. 825, 1991 Ill. App. LEXIS 188
CourtAppellate Court of Illinois
DecidedFebruary 8, 1991
Docket1-89-0229
StatusPublished
Cited by25 cases

This text of 567 N.E.2d 1052 (People v. Keefe) 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. Keefe, 567 N.E.2d 1052, 209 Ill. App. 3d 744, 153 Ill. Dec. 825, 1991 Ill. App. LEXIS 188 (Ill. Ct. App. 1991).

Opinion

PRESIDING JUSTICE RAKOWSKI

delivered the opinion of the court:

Defendant Christopher Keefe was charged with one count of attempted first degree murder, two counts of aggravated battery, and one count of armed violence. A jury found defendant guilty of all offenses. After trial, the court granted defendant’s motion for judgment of acquittal on the attempted murder charge, and ruled that the guilty verdicts on the aggravated battery counts merged for the purposes of sentencing. Subsequently, defendant was sentenced to concurrent prison terms of seven years’ imprisonment and three years’ mandatory supervised release on the armed violence count, and three years’ imprisonment and one year’s mandatory supervised release on the aggravated battery counts.

On appeal, defendant requests that this court reverse his convictions and grant him a new trial. Defendant contends: that the trial court erroneously prohibited defendant from testifying as to his state of mind at the time he was attacked; that the trial court erred in prohibiting defendant from questioning the victim and a witness about the victim’s character for violence; that the State’s use of a “hankie” or “bandanna,” which had the appearance of a Confederate flag, prejudiced defendant and denied him a fair trial; that the trial court erred in allowing testimony about defendant’s companion’s possession of a knife that was similar to defendant’s knife; that defendant’s armed violence conviction should be reversed because it constitutes an impermissible double enhancement, or alternately, that defendant’s aggravated battery conviction should be reversed because it is a lesser included offense of armed violence in this case, and the multiple convictions may not be premised on such closely related acts. We reverse and remand for a new trial.

The following facts were elicited at trial: Thomas Haller, the complainant, testified that on the evening of November 13, 1987, he had been at his home, drinking “[a] few beers” and “two or three” shots of whiskey. He was upset because someone had stolen his wallet at his house. Later that evening, he went to his friend Lorenzo Crockett’s house. At about 11:30 p.m., Haller and two other friends, Ina Whalen and Willie Willis, left Crockett’s house and proceeded to walk in the alley in back of Crockett’s house.

Haller further testified that he was talking with his friends when a car, driven by defendant and containing one passenger, pulled up beside them. Haller was not arguing prior to the car’s arrival, and Willis was not holding Haller up. Haller related that defendant pulled up and asked him if he [Haller] had a problem. Haller replied that he did and asked defendant if defendant had a problem. Defendant said that he did not have a problem. Next, according to Haller’s testimony, Willis told defendant that Haller had lost his money. The men in the car began laughing. Haller then “went up to the car and punched” defendant in the temple.

Defendant drove to the end of the alley, and then backed the car up and parked in a parking lot. Haller testified that defendant “threatened me, said he was going to kick my butt.” Haller became angry again and went to the car and punched defendant a second time. Defendant was still seated in the car. After being struck a second time, defendant exited from the car and began to fight Haller.

Haller further testified that, during the altercation, defendant knocked him down. When Haller got up, defendant charged at him. While the two men were wrestling, standing chest to chest, defendant stabbed Haller twice in the back. At no time during the altercation did Haller or his friends have a weapon.

During cross-examination, defendant’s counsel attempted to inquire about a statement Haller made to a doctor, indicating that Haller had been to the “hospital on several occasions because of *** injuries incurred while fighting otherwise.”

Ina Whalen testified that Haller was arguing with Willie Willis about Haller’s missing wallet, and that Willis was trying to calm Haller down when the car approached. Whalen stated that defendant asked if there was a problem, and that Haller then asked defendant if defendant had a problem. After Haller and defendant exchanged words, defendant parked the car. At this point Whalen, at the urging of Willis, left the area. Defense counsel attempted to ask Whalen if Haller had “threatened to fight” with someone concerning his wallet, but the trial judge disallowed the question.

Willie Willis also testified at trial. He said that he and Haller had been conversing for five minutes when defendant first approached. Haller asked defendant what he was looking at, or something to that effect. Willis corroborated Haller’s account of the altercation, as to Haller punching defendant twice while defendant was in the car, defendant getting out of the car on his own power, and the two men fighting. Willis did not see the stabbing, but did see the knife in defendant’s hand and noticed blood on defendant’s hands. Defendant returned to his car and drove off.

Tammy Wright, a Harvey, Illinois, police officer, testified that on the night of November 13, 1987, at about 11:52 p.m., she responded to a broadcast and found Haller injured. Willie Willis told her that one of the men in the car was a Mr. Harris, and Officer Wright put this information out to other police officers in the area. Defendant and the other occupant of the vehicle were located by Harvey police officer Billie Cantrell and were brought back to the scene for a showup. Cantrell produced two knives which she had recovered from defendant and the other passenger of the vehicle. During Wright’s testimony, she identified the knives and also identified a “hankie or bandanna” which was seized from the vehicle.

Officer Wright further testified that at about 4 a.m. the next morning, defendant signed a written statement at the police station, after being advised of his Miranda '-Warnings. The statement, which Wright read to the jury, provided:

“Going down the alley checking on the houses that Patty asked me to check on. Way back, saw three kids, one of them holding another, acting like he needed help. Stopped. Asked if they needed help. The white guy asked me if I had a problem. I told him no. Then, the black guy started pulling the white guy away from the car. White boy got away and hit me. I turned my car around to where it was heading east and parked it. The white boy came over to the car, opened the car door, pulled me out of it and I stabbed him one time in the back, or was it the front? I don’t even know. Then I flipped him on the ground. Then he came over to try to keep the white guy from swinging at me anymore. Then the black guy held him down, and I went and got in my car and pulled away from there about a half block and waited for the police.
I am giving this statement voluntarily and no threat’s been made against me to force me to give this statement.”

Harvey police officer Billie Cantrell testified that she found defendant and the co-occupant of defendant’s car, Zackery Harris, seated in the car about one-half block from the scene of the altercation. Harris stated that two subjects had just tried to rob them. Defendant’s knife was in plain view of Cantrell in the front seat of the car.

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Cite This Page — Counsel Stack

Bluebook (online)
567 N.E.2d 1052, 209 Ill. App. 3d 744, 153 Ill. Dec. 825, 1991 Ill. App. LEXIS 188, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-keefe-illappct-1991.