People v. Lewis

611 N.E.2d 1334, 243 Ill. App. 3d 618, 183 Ill. Dec. 686, 1993 Ill. App. LEXIS 307
CourtAppellate Court of Illinois
DecidedMarch 12, 1993
Docket1-90-0405, 1-90-0832 cons.
StatusPublished
Cited by21 cases

This text of 611 N.E.2d 1334 (People v. Lewis) 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. Lewis, 611 N.E.2d 1334, 243 Ill. App. 3d 618, 183 Ill. Dec. 686, 1993 Ill. App. LEXIS 307 (Ill. Ct. App. 1993).

Opinion

JUSTICE McNULTY

delivered the opinion-of the court:

Following a jury trial, defendants Timothy Lewis, Demetrius Lee, and Isiah Bell were found guilty of first-degree murder and three counts of attempted first-degree murder. Defendants Lewis and Lee were sentenced to 50 years in the Illinois Department of Corrections for the murder of Terrance Greenfield, 30 years to run consecutively for the attempted murder of Hubert Brownlee, and 30 years to run concurrently for the attempted murders of Chicago police officers Wallace Braswell and Martha DePriest. Defendant Bell received a 60-year sentence for the murder, and two 30-year sentences (one consecutive and one concurrent) for the attempted murders. On appeal, defendants raise a number of issues concerning their convictions: (1) all three defendants maintain that the trial judge abused his discretion in imposing consecutive sentences; (2) defendants Lewis and Bell contend that they did not receive a fair trial because the trial court improperly denied their motions for severance; (3) defendants Lewis, Lee and Bell argue that they did not receive a fair trial because evidence of other crimes was improperly admitted; (4) defendant Lewis (alone) maintains that he was not found guilty beyond a reasonable doubt of the attempted murders of police officers DePriest and Braswell, and also that he was denied a fair trial because of improper prosecutorial remarks; (5) defendant Lee (alone) argues that he was denied a fair trial because of prosecutorial misstatement of the evidence during opening remarks; and (6) defendant Bell (alone) in his pro se brief urges that the trial court erred in finding his conduct to be exceptionally brutal and heinous and that the sentence he received was excessive.

The charges against defendants Lewis, Lee and Bell stem from two separate shooting incidents which occurred on the evening of March 18, 1988. The first incident (which resulted in murder and attempted murder charges) involved shots fired from the window of a Chevrolet automobile at a group of men who were standing outside an abandoned gas station. As a result of the shooting, which involved both a .45-caliber pistol and a semi-automatic weapon, Terrance Greenfield was killed and Hubert Brownlee was wounded. The testimony adduced at trial regarding this incident includes the following relevant facts. At trial, Michael Lyles testified that on March 18, he was with seven or eight men, including David Hemphill, Terrance Greenfield and Hubert Brownlee, in the area of 16th and Springfield, Chicago, Illinois, near an abandoned gas station. Lyles saw a “brown Chevy” (carrying three people) pull up, heard someone shout “Look out,” then heard 10 shots being fired, and finally saw that Brownlee and Greenfield had been shot and that Greenfield was lying on the ground. Lyles was unable to identify anyone who had been in the car. Hemphill testified to essentially the same facts, but added that others including Lattice Bass and Pierre Mahoney were also initially present at the comer, but had left by the time the “brown Chevy” with two people in the front seat and one person “crouched” down in the back seat drove up. Hemphill identified defendant Lewis as being in the front seat of the car, hanging out the window with a gun in his hand. Lewis had asked, “Where’s Baby at?” (It was later established that “Baby” referred to Lattice Bass.) Hemphill also testified that he saw defendant Bell rise from the back seat with an object in his hand. He then heard gunshots and saw Greenfield on the ground bleeding from his head. John Hamilton (who changed his name before trial to Azey Hammad) testified that he was also present at the gas station on the evening of March 18. He observed the Chevrolet drive by two times and was able to identify defendants Lewis, Lee and Bell as the occupants of the automobile. Hamilton also noted that Lee was driving, Lewis was in the front passenger seat with an automatic pistol in his hand, and that Bell was in the back seat and had a weapon. (At the time he testified, Hamilton was facing two felony charges.) Brownlee also testified about the shooting at the gas station. He stated that he was at the 16th and Springfield location when defendants drove up. He identified Lewis as holding a hand pistol and Bell as having an Uzi. When the shooting started, he began to run, was shot in the shoulder blades, and observed Greenfield, who was shot in the head, lying on the ground. Chicago police officer Dwayne Johnson testified that he and his partner were on patrol near the gas station, heard the gun shots, and were given a description of the Chevrolet from which the shots were fired.

The second shooting incident (which resulted in two attempted murder charges) took place later in the evening of March 18, 1988, and involved the same defendants and two Chicago police officers (Martha DePriest and Wallace Braswell, Jr.) who were attempting to apprehend Lewis, Lee, and Bell. At trial, Officers DePriest and Bras-well testified that they were working when they heard a radio flash message that there was gunfire in the vicinity of 16th and Springfield. Shortly thereafter, while stopped at the intersection of Roosevelt Road and Independence Boulevard, they saw an orange-with-white-top Chevrolet with two people in the front seat, which matched the description of the vehicle in question. A chase ensued, ending when the Chevrolet struck a billboard and came to a stop. As the officers approached the car, the passenger door swung open and shots were fired. The officers returned fire, and the car pulled away. Another chase occurred, terminating when the offenders crashed into some parked cars. When the officers approached, no one was in the car, but an automatic weapon was recovered. Shortly thereafter, defendants Lee and Bell were apprehended. (Lee was spotted hiding behind a tree, and Bell was seen running away from the crash and hiding in a basement stairwell.)

A third criminal incident involving Lewis, Lee, and Bell also occurred on the evening of March 18, about an hour and a half prior to the gas station shooting. Although no criminal charges resulted from this incident, evidence regarding it was introduced at trial. Lattice Bass testified that at approximately 9 p.m., defendants (who were in a gold Chevrolet) approached his car and told him to roll the window down. Then Bell took out a pistol and ordered Bass out of his car. Lewis and Lee were also present when Bell demanded money from Bass. When Bass did not do as he was told, Bell pointed the gun at his leg, but it misfired. Then Bell put the gun to Bass’ head, but apparently did not shoot. The men dispersed, but Bass testified that later he saw the defendants in a different car and that they shot out the window on the driver’s side of his car.

On appeal all three defendants argue that the trial court abused its discretion in imposing consecutive sentences where the court did not find and the record does not reflect that consecutive sentences are necessary to protect the public. Assuming, arguendo, that this issue has not been waived for review, the State argues, and we agree, that the trial court properly sentenced defendants to consecutive terms for the offenses of murder and attempted murder. The statute regarding consecutive sentencing states in relevant part:

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Bluebook (online)
611 N.E.2d 1334, 243 Ill. App. 3d 618, 183 Ill. Dec. 686, 1993 Ill. App. LEXIS 307, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-lewis-illappct-1993.