People v. Kyles

708 N.E.2d 391, 303 Ill. App. 3d 338, 236 Ill. Dec. 805, 1998 Ill. App. LEXIS 944
CourtAppellate Court of Illinois
DecidedDecember 29, 1998
Docket1-97-0198
StatusPublished
Cited by24 cases

This text of 708 N.E.2d 391 (People v. Kyles) 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. Kyles, 708 N.E.2d 391, 303 Ill. App. 3d 338, 236 Ill. Dec. 805, 1998 Ill. App. LEXIS 944 (Ill. Ct. App. 1998).

Opinion

PRESIDING JUSTICE GORDON

delivered the opinion of the court:

The defendant, Timothy Kyles,' was charged by information with two counts of aggravated battery of two correctional officers (720 ILCS 5/12—4(b)(6) (West 1994)) and attempted aggravated arson (720 ILCS 5/8—4, 20—1.1(a)(1) (West 1994)). After a bench trial, he was found guilty of the two counts of aggravated battery and one count of criminal damage to property less than $300. He was sentenced to concurrent terms of 10 years’ imprisonment for each count of aggravated battery and 364 days’ imprisonment for criminal damage to property to run consecutive to the term of 55 years’ imprisonment for defendant’s conviction on an earlier unrelated charge.

On appeal, the defendant argues that his conviction for criminal damage to property must be reversed because he was not charged with that offense and because the court did not identify the subsection of the criminal statute upon which that conviction was based. The defendant also argues that his conviction for aggravated battery must be reversed because he was not proven guilty of that offense beyond a reasonable doubt. Finally, the defendant argues that the 10-year sentence for each of the aggravated battery convictions was excessive and inconsistent with the seriousness of those offenses. For the reasons discussed below, we affirm.

The defendant was convicted of aggravated battery on August 19, 1995, of two Cook County jail correctional officers, Alex Cruz and John Shury. Both officers were assigned to the special incarceration unit of the jail. That unit holds high risk inmates, inmates who have committed crimes within the jail system. In that location of the jail, inmates spend 23 hours in their cells and one hour outside their cells. Cell doors are not opened unless a supervisor is present.

The evidence at trial showed that at approximately 10 a.m. on August 19, 1995, the defendant, who was being held in the special incarceration unit of the jail, asked to be let out of his cell so that he could speak with a supervisor. Cruz and Shury told Kyles they could not open his cell door and that he would see a supervisor when one arrived. The defendant made several more requests, threatened to shoot Cruz and Shury once he was released from prison, and then threatened “to burn the place down.” Later, the officers noticed smoke coming from the bottom of defendant’s steel cell door. They called Captain Hatcher, the supervisor on duty, and Lieutenant Howell, the shift commander.

Hatcher arrived about two minutes later. He ordered the opening of Kyles’ cell door and the removal of Kyles from his cell. Lieutenant Howell opened the cell door. Defendant’s mattress, sheets, blankets, toilet paper, and other paper were placed together in a pile near the door and were in flames. Kyles was ordered several times to come out of his cell but at those times he either made no response or verbally refused to come out, telling the officers to “come in and get me.” Captain Hatcher ordered Cruz, Shury, and Howell to go into Kyles’ cell and to remove him.

Officer Cruz testified that when he and Shury entered defendant’s cell, Kyles attacked them. He stated that he was punched and kicked in his face, chest, arms and legs. Kyles punched and threw Shury to the ground and then threw him (Cruz) to the ground. Cruz stated that eventually he and Shury gained control over Kyles, grabbing and dragging him from his cell. They then placed Kyles in handcuffs, searched him and put out the fire. Cruz stated that everything in Kyles’ cell was burnt: the bedding and blankets were destroyed, and the cement floor and walls were charred black.

With respect to his injuries, Cruz testified his hand was swollen, causing him a great deal of pain, and he suffered abrasions to his legs, face and chest. Cruz stated that he obtained medical attention for his injuries at Cermak Hospital. He stated that X rays were taken, his arm and wrist were wrapped, and he was given pain killers. He was told to visit his physician. On cross-examination, Cruz admitted that the only injuries he reported in the disciplinary report he signed regarding the August 19, 1995, incident were injuries to his right hand and arm. He also stated that his report indicated that, during the struggle, Kyles fell backwards, injuring the rear of his head, and received medical treatment for possible smoke inhalation and injuries sustained during the physical confrontation. Cruz stated that he did not know how Kyles sustained three broken fingers, a broken ankle, and two skull fractures. He viewed pictures of Kyles, defendant’s exhibit numbers 2 through 7, showing those injuries and testified that he did not notice those injuries on August 19, 1995.

With respect to the injuries sustained by Shury on August 19, 1995, Shury testified that the defendant kicked and punched him and struck him in the hand. Shury fell to the ground after tripping over the mattress. Shury sustained a swollen left hand and a laceration at the base of his left thumb. On cross-examination, Shury testified Kyles did not throw him to the ground but did throw Cruz to the ground. Shury viewed defendant’s exhibit number 2 and indicated that he did not know how Kyles sustained the injuries depicted in that picture.

Lieutenant Raymond Howell testified that he entered Kyles’ cell with Officers Cruz and Shury. Howell testified that he was hit by Kyles and knocked to the floor but received no injuries. Howell testified that he viewed the damage to Kyles’ cell, which he stated included black ash to the walls and ceiling, water on the floor, and destruction of the mattress and blankets. Howell stated that this damage was in excess of $150.

The defendant called Robert Rosol, the paramedic at the jail who examined Kyles on the night of August 18, 1995, and the morning of August 19, 1995. Rosol stated that Kyles was treated for a laceration on his left index finger on August 18, 1995, and on August 19, 1995, in addition to having that laceration, Kyles had some blunt head trauma and a scratch or a cut. Rosol told the officers that Kyles would have to be taken to Cermak Hospital. Rosol did not treat the officers but did give one of the officers a bandage for his hand or wrist. He stated that one of the officers did complain of injuries and asked for assistance. Rosol examined defendant’s exhibit numbers 2 through 7, which showed, among other things, defendant’s broken ankle and skull fractures. Rosol testified that when he examined Kyles on August 19, 1995, Kyles’ left arm was not disfigured nor had Kyles suffered a broken ankle or the two head injuries in the photographic exhibits.

Defendant Kyles testified that he was transferred to the special incarceration unit on August 18, 1995, for having possession of two mobile telephones and a battery. He stated that on August 19, 1995, while on that unit, he was questioned by Officers Cruz and Shury. Later that morning, he again was questioned by Cruz and Shury as well as by Lieutenant Howell and Captain Hatcher. Kyles testified that they inquired as to the identity of the officer who brought the telephones to Kyles. Kyles further testified that when he refused to identify the individual, the officers beat him, causing the head trauma and finger laceration observed by Rosol.

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Cite This Page — Counsel Stack

Bluebook (online)
708 N.E.2d 391, 303 Ill. App. 3d 338, 236 Ill. Dec. 805, 1998 Ill. App. LEXIS 944, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-kyles-illappct-1998.