People v. King

618 N.E.2d 1051, 248 Ill. App. 3d 180, 188 Ill. Dec. 481, 1993 Ill. App. LEXIS 1007
Appellate Court of Illinois·Decided June 30, 1993·No. 1 — 91—0118·Published·Cited by 9 cases

Opinion

JUSTICE CERDA

delivered the opinion of the court:

After a'jury trial, defendant, Jimmie King, was found guilty of first degree murder (Ill. Rev. Stat. 1989, ch. 38, par. 9 — 1(a)(1)) for the death of Andrew Vaitkus and sentenced to 60 years’ imprisonment. On appeal, defendant asserts that the trial court erred in (1) denying his motion in limine to preclude the State from offering evidence of other crimes; (2) overruling defense objections to prejudicial evidence of a missing watch introduced by the State in violation of Supreme Court Rule 412 (134 Ill. 2d R. 412); (3) ordering the jury to disregard a material witness’ direct response to a defense question on cross-examination; and (4) sentencing him to an excessive sentence.

Patricia Marion, an X-ray technician, testified that she and defendant left work at the West Side Medical Center around 4 p.m. on January 23, 1989, in Marion’s blue 1984 Chevette. The car had no front license plate, but it did have a back license plate that read “CBK 908.” Ms. Marion, who had known defendant for four months, was romantically involved with him.

After making two stops, Marion and defendant went to 79th Street and Jeffrey Boulevard in Chicago so that defendant could buy cocaine. They then went to defendant’s mother’s house, where defendant smoked the cocaine. According to Marion, defendant purchased and smoked cocaine at least two more times that evening. Around 11 p.m., Marion asked defendant to drive her home.

On the way to Marion’s home, defendant stopped at the Midway Motor Inn. Marion waited in the car for five minutes while defendant went inside to use a public telephone. As defendant walked out of the motel, Marion saw a young white guy trying to stop him. Defendant, who was moving fast, brushed by the man. Marion saw people running and looking out the windows.

As defendant drove away, Marion asked him what had happened. He said that the people in the motel were acting crazy and would not let him use the telephone. According to Marion, defendant drove away fast, seemed nervous, and kept looking in the rearview mirror. Instead of driving to Marion’s house as planned, defendant drove to his house.

Patrick Donahue, a security guard, testified that about 10 p.m. on January 23, 1989, he went to the Midway Motor Inn to visit his girl friend, who was the bartender. The victim, whom Donahue knew, was sitting at the bar having a drink. About one-half hour later, the victim, who did not appear drunk, left the bar and walked toward the lobby. Immediately afterwards, Donahue saw another bar patron, Adrian Spaargaren, leave the bar in the same direction as the victim.

When Donahue heard yelling a short time later, he went toward the lobby. There, Donahue saw a well-dressed African-American man, wearing a brown knee-length coat, walk by. At the same time, Spaargaren came out of another hallway and told Donahue to get the man’s license plate number. Donahue followed the man out the motel’s front door.

Donahue stated that defendant got into the driver’s side of a car parked outside the motel. A heavy-set African-American woman wearing a red coat was sitting on the passenger side. As defendant pulled away, Donahue noticed that there were no front license plates on the car, but the back license plate read “CBK 908.” When Donahue returned to the lobby, the victim was sitting in a chair. Donahue tried to put pressure on the abdominal wound until the police and an ambulance arrived a short time later.

The next day, Donahue went to the police station to view a lineup. He tentatively identified defendant as the man he saw leaving the motel the night before. The police then took Donahue to a parking lot filled with cars and asked if he could point out the car he saw the man driving. Donahue positively identified Marion’s car. At trial, Donahue testified that defendant was the man he picked out of the lineup, but he was not sure if he was the man he saw at the motel.

Spaargaren, a 45-year-old factory worker, testified that he was at the Midway Motor Inn on the evening of January 23, 1989. He arrived at 8 p.m. and had five drinks, but felt fine. Spaargaren stated that the victim arrived at the bar around 11 p.m., stayed 15 minutes, had one drink, and then left. A few minutes later, Spaargaren left, walked through the lobby, and into the hallway leading to the motel’s side door. There, he saw the victim leaning against the wall, bent over, holding his stomach.

Spaargaren saw a well-dressed African-American man, whom he identified as defendant, standing next to the victim, talking to him. Defendant was wearing a long brown trench coat. Thinking that the victim was having a heart attack, Spaargaren asked defendant if the victim was okay. When defendant looked at Spaargaren without saying anything, Spaargaren became suspicious and told defendant to get away from the victim. Defendant, who was searching the victim’s clothes, snapped, “Get the fuck out of my way.”

As defendant walked away, the victim fell to his knees. Defendant, who had his hands in his pocket, passed within two feet of Spaargaren. Spaargaren yelled to Donahue to get defendant’s license plates, then helped the victim to a chair. The next day, Spaargaren identified defendant in a lineup.

Andrew Kacprowski, who was working at the motel’s front desk between 10 p.m. and 2 a.m. on the night of the stabbing, testified that defendant came into the motel that night and asked for the washroom. Kacprowski stated that defendant was well-dressed and was wearing a full-length cashmere coat. Five minutes later, defendant returned from the washroom and asked Kacprowski where the telephones were located. Kacprowski directed defendant.

About 10 to 15 minutes later, Spaargaren told Kacprowski to call the police because there was a fight. When Kacprowski went to the lobby, he saw defendant casually walk from the hallway and out the door. The victim, who was holding his stomach, walked out of the hallway. The next day, Kacprowski identified defendant in a lineup.

Patricia McLaughlin, who was the front desk clerk at the time of the stabbing, testified that defendant came in the front entrance and asked for the restroom. Shortly afterwards, he walked by the front desk and toward the phones. The remainder of McLaughlin’s testimony was substantially the same as Kacprowski’s, including that she identified defendant in a lineup the next day.

Detective James Brennan, a Chicago police officer, testified that he and his partner, Detective Thomas Brankin, investigated the stabbing. When Brennan arrived at the Midway Motor Inn, he interviewed witnesses and investigated the scene, but found no evidence. He got the license plate number from the motel manager and traced it to Patricia Marion of 4733 West Congress Street in Chicago. After questioning Marion, the officers went to 73rd and Winchester Streets, where defendant lived. About 20 minutes later, they saw defendant come out of the building and arrested him.

The next day, Detective Brankin supervised the lineup. He testified that four witnesses, who did not confer with the others during their viewing, independently identified defendant.

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People v. King, 618 N.E.2d 1051, 248 Ill. App. 3d 180, 188 Ill. Dec. 481, 1993 Ill. App. LEXIS 1007 (Ill. Ct. App. 1993).

618 N.E.2d 1051 (People v. King) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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