People v. King

624 N.E.2d 1165, 252 Ill. App. 3d 334, 191 Ill. Dec. 787, 1993 Ill. App. LEXIS 1159
Appellate Court of Illinois·Decided August 2, 1993·No. No. 1-88-3082·Published·Cited by 4 cases

Opinions

JUSTICE CAMPBELL

delivered the opinion of the court:

Following a jury trial in the circuit court of Cook County, defendant Wesley King was found guilty of the murder of decedent Stevon Draine. Defendant was tried jointly with codefendant Allen Williams, who was acquitted of all charges. Defendant was sentenced to 20 years in the Department of Corrections and now appeals.

The record on appeal indicates the following facts. Before trial, defendant filed a motion to sever, alleging that codefendant had given the police a statement implicating defendant and that their defenses were antagonistic. After hearing argument, the trial court denied the motion. The trial court also denied defendant’s motion in limine to prevent the State from referring to gang activity or membership.

At trial, Donald Jackson, a/k/a “Rico,” testified for the State. Rico testified that on May 31, 1987, he and decedent were members of the Disciples street gang. Rico testified that there was “bad blood” between the Disciples and a gang known as the Vice Lords. Rico had been in altercations with the Vice Lords. Rico stated that he had known codefendant for seven years and defendant for two years. According to Rico, codefendant had been a member of the Vice Lords, but was not a member on May 31, 1987. Rico further stated that in the two years he had known defendant, he had only seen defendant in the company of Vice Lords. Rico testified that defendant was a member of the Vice Lords, but defendant’s objection to this testimony was sustained for lack of foundation.

Rico testified that at approximately midnight on May 31, 1987, he, decedent, Monique Chambers and Anita Trammel were walking toward Rico’s apartment at 72nd Street and Phillip Avenue. Codefendant was standing in front of a building the four passed along the way. Codefendant asked Rico whether Rico had $25 which Rico had borrowed from codefendant. Rico said that he did not; codefendant told Rico to get the money to him when Rico got it. According to Rico, decedent then said to Rico, “Fuck them pussy ass Hooks.” Rico testified that “Hooks” was a term used to refer to Vice Lords.

After these remarks, Rico, decedent, Chambers and Trammel continued to walk south towards Rico’s apartment. Codefendant asked what decedent said and asked decedent to come back. Decedent said, “Pussy motherfucker, you heard what I said, I ain’t biting my tongue.” At this point, decedent and codefendant were approximately a foot and a half apart from each other. Rico testified that codefendant pushed decedent in the face; decedent then hit codefendant three or four times in the face.

The two women continued walking south towards Phillips Avenue. According to Rico, approximately 16 men came out of codefendant’s building to watch the fight. Rico testified that these men were “affiliated,” but the trial court sustained a defense objection to testimony that they were affiliated with defendant. One of these men was named Robert Butler. During the fight, Rico saw defendant holding an aluminum baseball bat propped on his shoulder in a batting position. Rico warned defendant that if he hit anyone with the bat, he would not hit anyone else. Rico and Butler stopped the fight.

Rico told decedent that there were too many people and that he and decedent could come back tomorrow. Rico stated that decedent began to realize what Rico was saying. Rico and decedent began to walk away and caught up with Chambers and Trammel. Rico and Trammell were a bit in front of decedent and Chambers. Rico testified that he heard a gunshot; decedent fell to the ground.

Rico further testified that as he heard another shot, he looked back to see defendant holding a gun in his outstretched arm. Rico stated that he also saw codefendant coming from around the corner of the building where codefendant lived. Rico told the two women to find the police; the women ran from the scene.

Rico then testified that he ran back toward 72nd Street, where he saw his cousin driving down the street. Rico stopped his cousin and told him that decedent had been shot. Rico, his cousin and Peter Butler then loaded decedent into the automobile. Rico and his cousin drove to decedent’s home to inform decedent’s family of the shooting. Family members went with Rico and his cousin to take decedent to the hospital.

Rico admitted that he had a prior conviction for burglary and that the State had agreed to reduce a pending charge of residential burglary to theft in return for a guilty plea, so that Rico would receive a sentence of probation, rather than incarceration. Rico testified that he was afraid to go to prison because he believed he would be killed by Vice Lords there, but the testimony was stricken after defense objections to it were sustained. Rico stated that he told defense counsel before trial that he did not see the shooting because anything he said could and would be used against him, not just in a court of law, but on the street. Rico explained that he meant that he could face retaliation for his testimony, but defense counsel’s objection to this last statement was sustained and it was stricken.

Rico testified that he and decedent got along with codefendant, though they were in a rival gang. Rico testified that after the fight, he saw codefendant go around the corner onto 72nd Street and could not see defendant or codefendant enter any apartment.

Rico denied having told a police officer that he was not with decedent on the night of the shooting. Rico admitted that in an interview with defense counsel and another man, he told defense counsel that someone other than defendant was the shooter. Rico was asked whether he had told defense counsel that if called as a witness, he might lie or he might tell the truth. Rico responded as follows:

“No. I told him that if I was called, I would tell him the truth. I told him — I told him that. I told — I told, you know, you know I told him a story, you know. That is what I told him. I told you, if they do call me, I will tell the truth, I am not going to-.”

At this point, Rico’s testimony was cut off by other questions.

Monique Chambers testified that on the night at issue, she and Trammel were walking with decedent and Rico to Rico’s apartment. She testified that they passed codefendant’s apartment building where codefendant was standing on the porch. According to Chambers, codefendant yelled “Rico, where’s my 2-5.” Codefendant and Rico had a short talk, after which the four continued walking down Phillips Avenue.

Chambers testified that defendant, codefendant and others came around to the side of the building. Codefendant yelled “Bring your punk ass back here.” Decedent walked back toward codefendant; Rico, Chambers and Trammel followed. Decedent and codefendant exchanged words and began fighting. Defendant stood nearby with a baseball bat. According to Chambers, one of the others had given the bat to defendant, telling him to “bust that punk motherfuck with it.” Chambers saw defendant with the bat in a downward position.

Chambers testified that after the fight, she saw defendant and co-defendant walk back around to the front of codefendant’s building. Chambers did not see either man enter the building. She, Trammel, Rico and decedent started walking away. Chambers heard a single gunshot.

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People v. King, 624 N.E.2d 1165, 252 Ill. App. 3d 334, 191 Ill. Dec. 787, 1993 Ill. App. LEXIS 1159 (Ill. Ct. App. 1993).

624 N.E.2d 1165 (People v. King) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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