People v. Killingsworth

732 N.E.2d 110, 314 Ill. App. 3d 506, 247 Ill. Dec. 394, 2000 Ill. App. LEXIS 497
CourtAppellate Court of Illinois
DecidedJune 21, 2000
Docket1-98-3532
StatusPublished
Cited by5 cases

This text of 732 N.E.2d 110 (People v. Killingsworth) 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. Killingsworth, 732 N.E.2d 110, 314 Ill. App. 3d 506, 247 Ill. Dec. 394, 2000 Ill. App. LEXIS 497 (Ill. Ct. App. 2000).

Opinion

JUSTICE WOLFSON

delivered the opinion of the court:

This was a senseless shooting — with no apparent motive or reason — which resulted in the death of 16-year-old Michael Thomas.

Defendant Kent Killingsworth (Killingsworth) was charged with the October 10, 1996, murder of Thomas. After a bench trial, he was found guilty of first degree murder and aggravated discharge of a firearm. A sentence of 40 years’ imprisonment was imposed for the murder conviction and a concurrent term of 15 years’ imprisonment was imposed for the aggravated discharge of a firearm conviction.

Killingsworth contends the witness testimony presented at trial, in light of his alibi evidence, failed to establish beyond a reasonable doubt his identity as the shooter. We are also asked to consider whether the trial court abused its discretion when it imposed the 40-year sentence for the murder conviction.

We affirm the two convictions and the sentence for murder.

FACTS

It was stipulated at trial Thomas died as a result of multiple gunshot wounds. One shot entered the left side of Thomas’ head, one entered the left shoulder, and two entered the left side of Thomas’ upper back. It was further stipulated the four bullets recovered from Thomas’ body appeared to come from the same weapon — a 9 millimeter gun. No gun was recovered.

The State presented the testimony of two eyewitnesses. The first eyewitness was Ricky Brown, who' had been a friend of the victim, Michael Thomas (known as Mickey), for several years, having grown up in the same neighborhood. Brown, like Mickey, was 16 years old on October 10, 1996.

On that date, between 2 and 3 p.m., Brown saw Mickey at the corner of 66th and Campbell. Another friend, William Ephraim (also known as Pea-Dog), drove up to the corner in a two-door, white Grand Prix. Brown, Mickey, and another friend, Shanard Lesure (Lesure), got into the car. They rode to a car lot at 56th and Western. Ephraim drove, Brown was in the front passenger seat, Mickey sat behind Ephraim, and Lesure sat behind Brown.

After a short while the four friends drove back toward 66th Street, traveling south on Campbell. At about 63rd Street, Ephraim pulled over to the curb to talk to some people. Since Campbell is a one-way street, Ephraim pulled up to the curb on the driver’s side.

Initially, two young men, whom Brown identified as “Marlon” and “Head,” were talking to Ephraim and Mickey. Then the two men called over a third person, named “Kiki.” Though Brown testified he had never spoken to Kiki before that day, Brown said he had seen Kiki in the neighborhood over the past several months and recognized him as someone who went by the name “Kiki.” In court, Brown identified Killingsworth as Kiki.

Brown testified defendant approached the car from the rear driver’s side. As soon as defendant came up to the car, Brown heard gunshots. Brown said he didn’t see defendant fire the gun because he turned his head toward the front of the car just as defendant arrived. Brown did testify, however, he looked back after the shots as Ephraim was pulling away from the curb to rush Mickey to the hospital. Brown said he saw defendant with a gun in his hand, running away from the car. Brown said defendant was the only person he saw holding a gun.

After the shooting, Ephraim drove to Holy Cross Hospital. Mickey was wheeled inside and Lesure stayed with him. Brown and Ephraim left the hospital, and Brown went to Mickey’s house to report the shooting. Brown said he spoke to Mickey’s sister, Michele, and told her what happened.

Later that night, when Brown was walking in the area of 66th and Campbell, the police drove up. They had Michele in the car and she pointed him out to the police. Brown then accompanied the police to the station, where he gave them a statement about the shooting incident.

When Brown first spoke with the police on the evening of October 10, 1996, he told them Kiki shot into the car where Mickey was sitting and he identified defendant from a photographic array. Brown also told police the incident occurred when he was driving with his girlfriend in a car other than the white Grand Prix. Later, on October 22, 1996, Brown spoke to the police a second time. This time he admitted the incident occurred when he was riding in a white Grand Prix. He explained that earlier he told police he had been in a different car because he thought the police might seize the car that was involved in the incident. The white Grand Prix belonged to Ephraim’s sister and he didn’t want Ephraim to get in trouble.

During this second encounter with the police, Brown met with Assistant State’s Attorney Wasilewski and gave a written statement. In that written statement, Brown said he “looked over and saw Kiki standing right there on the curb by the back of their car on the driver’s side, and Kiki was holding a gun.”

The second eyewitness to testify was Lesure. His testimony corroborated Brown’s account. Lesure said he met up with Mickey at the corner of 66th and Campbell after he got out of school at 2:30 p.m. and they both got into the back of a white car driven by Pea-Dog. Ricky Brown was in the front passenger seat.

After driving to a restaurant near 57th and Western, they headed back, traveling south on Campbell. It was about 3:45 p.m., Lesure said, when they stopped near 63rd and Campbell so Ephraim could talk to a couple of people he saw on the sidewalk. They pulled over to the curb and sat in the car while Ephraim and Mickey spoke to the two young men, who were standing on the sidewalk on the driver’s side of the car. A third person, whom Lesure called “Kiki” and identified in court as defendant, approached the car from the rear on the driver’s side. Lesure testified that as defendant approached the car he “saw lights” and heard gunshots coming from the driver’s side, where Kiki was.

Although, in court, Lesure testified he immediately ducked down and didn’t actually see defendant shoot, he-admitted he told the grand jury he “saw Kiki walk up and start shooting.”

The window at the rear of the driver’s side was shot out and Mickey was bleeding. Ephraim started to drive away so fast the tires spun. They immediately drove to the Holy Cross Hospital emergency room. Lesure went into the emergency room and got a wheelchair so they could get Mickey inside. Lesure said he stayed at the hospital for about 20 minutes, then left the hospital and went to Mickey’s house to tell what happened.

Lesure did not go to the police to report the incident. Lesure first spoke with the police on October 22, 1996, after the police came to his school and took him to the police station. Lesure testified he told police Kiki had been the shooter and he identified defendant as Kiki from a photograph they showed him. Lesure also signed a written statement after speaking with an assistant State’s Attorney.

Troy Bennet, a security officer at Holy Cross Hospital, testified he had been on duty at the emergency room on October 10, 1996. That afternoon, he saw a white car with four young men pull up in front of the emergency room doors. The rear window on the driver’s side was shattered.

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Related

People v. Davila
2022 IL App (1st) 190882 (Appellate Court of Illinois, 2022)
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Appellate Court of Illinois, 2008
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739 N.E.2d 594 (Appellate Court of Illinois, 2000)

Cite This Page — Counsel Stack

Bluebook (online)
732 N.E.2d 110, 314 Ill. App. 3d 506, 247 Ill. Dec. 394, 2000 Ill. App. LEXIS 497, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-killingsworth-illappct-2000.