People v. Lovelady

582 N.E.2d 1217, 221 Ill. App. 3d 829, 164 Ill. Dec. 273, 1991 Ill. App. LEXIS 1823
CourtAppellate Court of Illinois
DecidedOctober 24, 1991
Docket1-88-1648
StatusPublished
Cited by54 cases

This text of 582 N.E.2d 1217 (People v. Lovelady) 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. Lovelady, 582 N.E.2d 1217, 221 Ill. App. 3d 829, 164 Ill. Dec. 273, 1991 Ill. App. LEXIS 1823 (Ill. Ct. App. 1991).

Opinion

JUSTICE LINN

delivered the opinion of the court:

Defendant, Warren Lovelady, was convicted of first degree murder (Ill. Rev. Stat. 1987, ch. 38, par. 9 — 1(a)), based on accountability, following a jury trial in the circuit court of Cook County. The trial judge sentenced defendant to 24 years in the penitentiary.

Defendant appeals, contending: (1) the trial court erred by denying his petition for severance, (2) the State used its peremptory challenges during voir dire to exclude black venirepersons from the jury, and (3) the State failed to prove his guilt beyond a reasonable doubt.

We affirm the judgment of the trial court.

Background

On July 28, 1987, defendant and Keith Harris were jointly indicted on two counts of first degree murder (Ill. Rev. Stat. 1987, ch. 38, pars. 9 — 1(a)(1), (a)(2)) and one count of armed violence (Ill. Rev. Stat. 1987, ch. 38, par. 33A — 2). On November 6, 1987, defendant petitioned the trial court to sever his trial from that of Harris. At a November 11 pretrial hearing, the trial judge granted the motion. However, at a subsequent pretrial hearing, on April 4, 1988, the trial judge reversed his ruling and denied defendant’s petition for severance.

Defendant exercised his right to trial by jury; Harris waived the right. Thus, although defendant and Harris were tried jointly, defendant was tried before a jury, while Harris was tried before the bench. We further note that defendant and Harris separately appealed from their convictions, and that the trial transcript was filed in Harris’ appeal. See People v. Harris (1st Dist. 1991), No. 1 — 88—2672 (Rule 23 order).

On April 4, 1988, at the close of voir dire, defendant moved for a mistrial. Defendant argued that the State used its peremptory challenges to exclude black venirepersons from the jury. (See Batson v. Kentucky (1986), 476 U.S. 79, 90 L. Ed. 2d 69, 106 S. Ct. 1712.) The trial judge denied the motion.

We have previously recited the evidence adduced at trial in our Rule 23 order (134 Ill. 2d R. 23) in Harris’ appeal. (Harris, No. 1— 88 — 2672.) However, since defendant claims that he was not proved guilty beyond a reasonable doubt, we must describe the evidence, as it related to defendant, in detail, referring to our previous order.

The following pertinent evidence was adduced at trial. Christopher Jones testified that he was one of Harris’ brothers and a friend of defendant. On July 20, 1987, at approximately 1:30 a.m., Jones, with his mother and sister, was in front of his house at 8221 South Coles Avenue in Chicago. Harris and defendant drove up in Harris’ automobile. Harris asked Jones to help him change the oil in his car. Jones entered the car and sat behind Harris, who was driving. Defendant was in the front passenger’s seat.

As they turned into the alley where his mother’s garage was located, Jones saw the victim and a woman, Olga Gil, standing in a parking lot on the driver’s side of the car. The victim was wearing a tee shirt and shorts with a towel around his neck. Earlier that evening, Jones’ younger brother, Corey, and a friend had been chased and threatened by some “Mexican boys.” The police were called, but no one was apprehended. Jones told Harris that the victim was one of the persons who had harassed Corey. Harris stopped the car and asked the victim if he had a problem. Defendant leaned toward Harris and said “here.” Jones, however, was unable to see what defendant handed to Harris. Defendant then said “cap his ass.” The victim pushed Olga Gil toward some garbage cans. Harris then pointed a gun out of the window and fired one shot. Jones did not see a weapon in the victim’s hands. The victim ran into a nearby gangway.

Harris gave the gun back to defendant and began backing the car out of the alley. Defendant jumped out of the car, ran toward another car in the alley and pointed the gun toward the driver’s side. The driver of the other car was Hugo Gil, Olga’s brother. Hugo was another of the men who allegedly chased Corey earlier that evening. Defendant then ran away. Harris drove out of the alley and, a short time later, returned to Jones’ house. Defendant, who was already there, said that the police were coming and that he was worried about being caught with the gun. Harris instructed Jones to hide it in the attic.

When the police arrived, Jones, Harris, and defendant stated that someone had shot at them. Later, at the police station, Jones admitted that he lied. He then accompanied the police to his house, where he retrieved the gun and gave it to an officer.

On cross-examination, Jones testified that he had never before seen Harris with a gun, and that they were not searching for the persons involved in the earlier incident with Corey. Jones identified the victim because his mother had instructed him to tell her if he saw the men again so that she could alert the police. Jones did not tell investigators that Harris pointed the gun at the victim before firing it. Rather, Harris had simply leaned toward the passenger side and pulled the trigger. Jones was not certain whether the victim had a gun. Also, the car radio was on at the time of the shooting. As a result, although Jones thought defendant said “cap his ass,” defendant might have said “pop his ass” or something else. Harris did not have a gun until immediately prior to the shooting. Jones did not believe that Harris intended to hurt anyone when he fired the shot.

Olga Gil testified that at approximately 1:30 a.m. on the night of the shooting, she, her brother Hugo, and the victim returned home from a neighborhood park. Hugo dropped her and the victim off on the corner and drove off to park the car in the garage behind their home. As she and the victim were crossing a parking lot, a car pulled up in the alley about 10 feet from them. At least two men were in the car, but she could not describe them except that they were black. One of the men asked the victim if he had a problem. The victim then stepped in front of Olga, placing himself between her and the car. He stretched out his arms and said “no problem.” Suddenly, she heard a shot and saw gunfire coming from the front driver’s side. The victim pushed her and told her to run. She ran toward some garbage cans and saw the victim run into a gangway next to the funeral home. She remained near the garbage cans for a few minutes, until she was certain that the car had left. She then searched for the victim and found him lying motionless in the gangway. As she was running home, she stopped a passing police car and reported the shooting.

Hugo Gil testified that as he was parking the car in the garage, he heard some screaming and then a gunshot. As he drove the car out of the garage, he saw another car going backwards down the alley. When the car reached the corner, a man carrying a gun jumped out of the passenger side and ran toward him. Hugo became frightened, ducked down and accelerated the car past both the man and the other car. When he looked in his rear view mirror and saw that the man still had the gun, he quickly drove away. When he arrived back home, the police were there.

Chicago police officer James Jackson testified that he received a radio report of shots fired on Coles Avenue.

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Bluebook (online)
582 N.E.2d 1217, 221 Ill. App. 3d 829, 164 Ill. Dec. 273, 1991 Ill. App. LEXIS 1823, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-lovelady-illappct-1991.