People v. Lindsay

550 N.E.2d 719, 193 Ill. App. 3d 983, 140 Ill. Dec. 834, 1990 Ill. App. LEXIS 183
CourtAppellate Court of Illinois
DecidedFebruary 15, 1990
Docket4-89-0469
StatusPublished
Cited by3 cases

This text of 550 N.E.2d 719 (People v. Lindsay) 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. Lindsay, 550 N.E.2d 719, 193 Ill. App. 3d 983, 140 Ill. Dec. 834, 1990 Ill. App. LEXIS 183 (Ill. Ct. App. 1990).

Opinion

JUSTICE GREEN

delivered the opinion of the court:

On April 21, 1989, the circuit court of Macon County entered judgment on a jury verdict returned finding defendant David G. Lindsay II guilty of the offense of second degree murder. (Ill. Rev. Stat. 1987, ch. 38, par. 9 — 2.) The court subsequently sentenced him to an extended-term sentence of 19 years’ imprisonment.

On appeal, defendant contends the court abused its discretion in sentencing him. He indicates the minimum sentence for first degree murder is 20 years’ imprisonment. He argues that, in sentencing him to a 19-year extended term for second degree murder, the court essentially sentenced him for first degree murder and rejected the mitigating evidence which the jury apparently accepted in finding him not guilty of the latter offense. For the reasons hereinafter stated, we affirm.

The evidence presented at trial revealed that, on December 20, 1988, Decatur police responded to a “911” telephone call they received from defendant in which he identified himself and informed the police that “something terrible ha[d] happened,” that he did not want his three children going home because “they [would] find [his] wife dead on the floor.”

Upon arriving at the Lindsay residence, Decatur police discovered the body of a woman, later determined to be defendant’s wife, Christine Lindsay, lying on the kitchen floor with a plastic bag over her head. The police observed a lot of blood around the body and more blood about the kitchen. They discovered an unattached, chrome table leg near the woman’s body which was smeared with blood.

The Daytona Beach Shores police apprehended defendant in Florida on December 26, 1988. In his car, the police found a large garbage bag filled with blood-soaked towels and other items. They also discovered a broken radio and a pipe with red stains on them and a Christmas card which had the following message on it: “I’m D. L., 29 Ohio Drive. I have killed my wife. She is in my kitchen.”

A police officer testified that defendant told him he and his wife had gotten into an argument over money problems on the morning in question, during which his wife had tried to cut him with a steak knife and tried to hit him with a table leg and a radio. The officer said defendant admitted he was able to get the latter items away from her and struck her with them several times. The officer said he did observe some small cuts on defendant’s hands but did not notice any injury to his face or body. He said he did not complain about any type of injury elsewhere on his body.

The officer said defendant told him he cleaned up the kitchen area and himself, and tried to keep his youngest son in the basement during that time. He then took that son to his parents and called the police from a mall to tell them his wife was dead.

Defendant took the stand in his own defense. He stated that, around the date in question, he and his wife had been experiencing financial problems. He had just gotten paid on December 15, 1988, and was not expecting any more money before Christmas. They both wanted their 1988 Christmas to be better than their 1987 Christmas, which had been “small” because he had been out of work.

Defendant testified that, because his wife was depressed about their financial situation, he lied to her and told her he had additional monies coming to him. On the evening of December 19, 1988, he showed her a photocopy of a check which he had “doctored” to make it look like a new check. Defendant stated his wife told him it looked like a copy to her, and they discussed it briefly.

On the morning of December 20, 1988, defendant woke up around 6:50 a.m. and took his daughter and son to school. Defendant said that, when he returned home around 8:30, his wife brought up the subject of the check. He said she questioned him about it in an angry tone of voice. He stated the next thing he knew she was coming at him with a knife and tried to stab him with it. He said he received several small cuts on his hand when he attempted to knock the knife away from her and then grabbed it from her.

Defendant stated his wife then lunged at him, knocked him off balance and hit him twice in the head with an iron pipe. He indicated the blows even knocked off his glasses. Defendant identified a bent pair of glasses with a missing lens and a broken nose piece as his own glasses. He admitted his wife’s actions at that point had “angered” him, and he knew he had to do something to get her away. He said he put his hands on her face and pushed her backward.

He said his push caused his wife to back into the kitchen table, and one of the legs from that table came loose and tipped over. He stated she again came at him with the pipe, and, because he believed his wife was going to hit him with it, he used his daughter’s radio to block it. Defendant admitted his block attempt made the pipe and the radio fly into his wife’s face, and she sustained cuts to her face as a result. He further acknowledged he noticed blood around her eye and mouth at that point.

Defendant stated his wife’s response was to push both the radio and pipe back at him. He said the act did not cause him any physical harm because she did not hit him that hard. He again pushed his wife away, and she lost her balance and fell on the ground. He said that, while on the ground, she grabbed the table leg which had fallen. In response, he picked up the pipe which had fallen. He said that, when his wife saw he had the pipe, she came at him swinging the table leg.

Defendant said he again pushed her away, but she came at him again with the table leg and hit him in the head. He stated he swung the pipe at her and believed he hit her. The blow he received from the table leg also knocked him off balance, and he ended up on the floor. He said his fall caused him to lose the pipe, so he grabbed the table leg from his wife. His wife picked up the pipe, lunged at him with it and hit him in the head. He said, in response, he swung the table leg at her and hit her in the head.

Defendant stated that, at that point, his wife had hit him several times in the head, and he was feeling dizzy. He said that was all he could recall about the scuffle, and the next thing he knew, he woke up and saw his wife on the floor surrounded by a lot of blood. He said he checked her pulse, and she did not have one.

Defendant said he had not intended to kill his wife or cause her serious physical harm. He indicated that, when he struck his wife during their scuffle, he was doing no more than trying to prevent her from hitting him. He admitted that, as the fight progressed, he had become more and more angry about it. He said he was very upset about what had happened.

He subsequently left the kitchen to check on his three-year-old son to make sure he was okay. He said he also threw his clothes in the washer and cleaned up the kitchen so his son would not see the mess. He stated he also placed a plastic bag over his wife’s head because he did not want his son to see her and the sight was also bothering him.

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Related

People v. Chavez
592 N.E.2d 69 (Appellate Court of Illinois, 1992)
People v. Pirrello
565 N.E.2d 324 (Appellate Court of Illinois, 1991)

Cite This Page — Counsel Stack

Bluebook (online)
550 N.E.2d 719, 193 Ill. App. 3d 983, 140 Ill. Dec. 834, 1990 Ill. App. LEXIS 183, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-lindsay-illappct-1990.