People v. Leger

567 N.E.2d 68, 208 Ill. App. 3d 333, 153 Ill. Dec. 353, 1991 Ill. App. LEXIS 251
CourtAppellate Court of Illinois
DecidedFebruary 21, 1991
Docket5-89-0405
StatusPublished
Cited by13 cases

This text of 567 N.E.2d 68 (People v. Leger) 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. Leger, 567 N.E.2d 68, 208 Ill. App. 3d 333, 153 Ill. Dec. 353, 1991 Ill. App. LEXIS 251 (Ill. Ct. App. 1991).

Opinion

JUSTICE HARRISON

delivered the opinion of the court:

The defendant, William P. Leger, was charged by a Gallatin County information with murder in the first degree and armed violence in connection with the death of Mary Sue Leger. (Ill. Rev. Stat. 1987, ch. 38, pars. 9 — 1(a)(1), 33A — 2.) Following a partially stipulated bench trial, defendant was found guilty of second-degree murder. (Ill. Rev. Stat. 1987, ch. 38, par. 9 — 2(a)(1).) The trial court sentenced defendant to a 30-year term of imprisonment, to run consecutively to a sentence of death previously imposed in Saline County.

Defendant presents the following arguments on appeal: (1) that the State failed to prove that he had the requisite intent to commit the offense, given his defense of voluntary intoxication; (2) that the trial court erred in ordering his sentence to run consecutively to his Saline County death sentence; and (3) that the trial court erred in imposing an extended-term sentence where the statutory aggravating factors applied were improper or unconstitutional.

At defendant’s bench trial, the State presented stipulated evidence, inter alia, that Mary Sue Leger, defendant’s estranged wife, died of gunshot wounds received at her home in Ridgeway, Illinois, between 10:30 and 11 p.m. on September 4, 1987. At approximately 11 p.m. on the same evening, defendant entered the Eldorado, Illinois, home of his ex-wife, Susan Newman, and her husband, Monte Newman, and shot each three times. Susan Newman died from the gunshot wounds. As defendant fired the third shot at Mr. Newman, he stated, “As for you m— f—

Defendant arrived at his parents’ residence in Eldorado about 11 p.m. on September 4, and asked for some pain pills. Dorothy Leger, defendant’s mother, noticed some dark stains on defendant’s shirt and asked if he had been fighting. Defendant went outside, brought in a .38-caliber revolver, emptied six spent shell casings from the gun and said, “I’ve killed those two whores and that man.” Defendant’s father, William P. Leger, Sr., said to defendant, “You’re crazy; you’re drinking.” Defendant replied, “No, I’m not crazy; I did it.” Defendant then told his father, “Don't never [sic] do to my mom what I’ve done.” As defendant left the Legers’ residence, he warned his parents, “Don’t touch that gun; the police will be down to get it.”

Sometime before midnight, defendant purchased gas at the Kerr-McGee station in Galatia, Illinois. A station employee observed that defendant was staggering and unsteady on his feet while putting the gas into his car. At approximately 12 midnight, Galatia police officer Joe Akins came upon defendant’s car. Defendant proceeded to pull off the highway without Akins turning on his siren or overhead lights. After confirming defendant’s identity, Officer Akins arrested defendant, who stated to Akins, “Be sure they know you’re the one I let catch me, because it might help you out later.”

At the time of defendant’s arrest, Officer Akins noticed a strong odor of alcohol on defendant’s breath and believed him to be intoxicated. However, Illinois State Police Trooper Ron Towery and Special Agent Larry Huggins, who helped process defendant at the Eldorado police department between 1 and 2 a.m. on September 5, 1987, smelled no alcohol about defendant and did not believe defendant to be intoxicated. Defendant was able to remove his clothing unassisted and had no trouble understanding the officers’ instructions and questions, nor in giving detailed personal history information.

The projectiles recovered at the scene and from Mary Sue Leger’s body were fired from the .38-caliber revolver recovered from defendant’s parents. Other tests showed that when Ms. Leger was shot, the muzzle of the gun was in close proximity to her body and that the black sooty areas on a pair of pink slacks found at the scene were consistent with draping the slacks over the muzzle and cylinder of the gun in an attempt to muffle and hide the noise of the shots. Finally, it was stipulated that any evidence of the murder of Susan Newman and attempted murder of Monte Newman should be considered only for the limited purpose of determining whether or not defendant was intoxicated and/or in a drugged condition to the extent that he was incapable of acting knowingly or with intent.

Defendant presented stipulated evidence, inter alia, that he was “intoxicated, wild, and crazy” when he arrived at his parents’ home about 11 p.m., and that he ingested an unknown quantity of pills at that time. Officer Akins would have testified that he told defendant at the time of his arrest that he was “blitzed and didn’t know what was going on.” Bartenders at the American Legion Post and Knights of Columbus Hall in Ridgeway, Illinois, would have testified that defendant consumed several beers at each of their establishments on the evening of September 4, 1987. Additionally, an employee of the Egyptian Mental Health Department, who interviewed defendant at the Saline County jail on the afternoon of September 5, 1987, would have testified that defendant appeared to be confused and not completely aware of what was going on around him.

Myra Moore, an alcoholism and addictions counselor and psychiatric nurse, would have testified that alcoholic blackouts do occur in some individuals, allowing them to act normally and perform ordinary tasks while later having no recollection or memory of what took place. Ms. Moore had had professional contacts with defendant prior to September 4, 1987, wherein defendant told her that he had suffered incidents of alcoholic blackouts. However, the State stipulated that on cross-examination, Ms. Moore would have testified that, generally, persons suffering from alcohol- and/or drug-induced amnesia do not commit crimes or violent acts but rather perform only simple everyday tasks.

Several witnesses would have testified regarding the various prescription medications that defendant was taking and the enhanced effect achieved by combining those drugs with alcohol. A physician would have testified that the drugs taken by defendant, when combined with alcohol, could have prevented him from forming the requisite intent to kill. Another professional would have testified that in February 1987, defendant was suffering from depression and emotional problems arising from his previous and impending divorces. Additionally, five witnesses would have testified to defendant’s reputation for nonviolence.

Defendant testified at the partially stipulated bench trial that he had previously been married to Susan Newman and was in the process of divorcing Mary Sue Leger when she died. Defendant described injuries that he had received working as a coal miner and stated that on September 4, 1987, he had taken four types of prescribed pain medications. Defendant gave a detailed account of his activities on September 4, 1987, which included several visits to the American Legion Post and Knights of Columbus Hall. Defendant last remembered drinking at the Knights of Columbus Hall around 6 p.m. He did not recall shooting Mary Sue Leger or Monte and Susan Newman, and stated that his next memory was of the Saline County jail. Defendant recalled drinking five beers and one double whiskey during a five- to six-hour period on September 4, but admitted that he had drunk an equal amount in one day during the month previous to September 4 and indeed that he drank practically every day.

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Cite This Page — Counsel Stack

Bluebook (online)
567 N.E.2d 68, 208 Ill. App. 3d 333, 153 Ill. Dec. 353, 1991 Ill. App. LEXIS 251, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-leger-illappct-1991.