People v. Lucas

787 N.E.2d 113, 203 Ill. 2d 410, 272 Ill. Dec. 298
CourtIllinois Supreme Court
DecidedMarch 31, 2003
Docket89458
StatusPublished
Cited by59 cases

This text of 787 N.E.2d 113 (People v. Lucas) is published on Counsel Stack Legal Research, covering Illinois Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
People v. Lucas, 787 N.E.2d 113, 203 Ill. 2d 410, 272 Ill. Dec. 298 (Ill. 2003).

Opinion

JUSTICE FITZGERALD

delivered the opinion of the court:

A jury found defendant, Roosevelt Lucas, guilty of first degree murder. The same jury found defendant eligible for death on the ground that the victim was a correctional officer and concluded that there were no mitigating factors sufficient to preclude imposition of the death penalty. The trial court sentenced defendant to death, and this court affirmed defendant’s conviction and sentence on direct appeal. See People v. Lucas, 151 Ill. 2d 461 (1992). Pursuant to the Illinois Post-Conviction Hearing Act, defendant petitioned the circuit court for post-conviction relief. 725 ILCS 5/122 — 1 et seq. (West 1996). Following a hearing on the State’s motion to dismiss, the circuit court dismissed defendant’s petition without an evidentiary hearing. Defendant appeals directly to this court (134 Ill. 2d R 651(a)), and we now affirm the judgment of the circuit court.

BACKGROUND

On September 3, 1987, Robert Taylor, a superintendent at the Pontiac Correctional Center, was attacked while he worked in his office and died as a result of multiple stab wounds to his heart and multiple lacerations to his scalp caused by a blunt instrument. In our opinion on direct appeal we detailed the evidence presented against defendant at trial. Lucas, 151 Ill. 2d at 468-76. In the instant appeal, we will only discuss the facts necessary to address the claims raised by defendant in his post-conviction petition.

At trial, the State presented several witnesses to prove that defendant and another inmate killed Taylor. Two inmates gave eyewitness testimony at trial. Inmate Lawrence Spillar testified that he was in Taylor’s office discussing his assignment to a painting detail when the attack began. Spillar testified that while he spoke with Taylor, inmate Ike Easley ran into Taylor’s office, jumped onto Taylor’s desk and began to hit and stab Taylor in the chest with a knife. Spillar attempted to flee the office, but was prevented from leaving when he collided with defendant at the door. Defendant and Spillar briefly struggled at the door until defendant pushed Spillar aside; Spillar then observed defendant rush towards Taylor and beat Taylor several times in the head with a pipe. Spillar stood at the door of Taylor’s office and watched as defendant and Easley discarded their weapons and ran. Inmate Demetre Brown testified that on the morning of the murder he saw Easley and defendant approach Taylor’s office prior to the attack; both wore hats and gloves. Brown testified that he watched Easley and defendant rush into Taylor’s office, and saw Easley stab Taylor repeatedly in the torso while defendant struck him repeatedly in the head with a metal pipe. After the attack, Brown also observed Easley and defendant run from the office, discarding their weapons as they ran. Defendant cross-examined each eyewitness regarding their prior convictions and gang affiliations. Spillar was the leader of the Stones, while Brown was a Vice Lord, an ally gang of the Stones. Defendant belonged to the Stones’ and Vice Lords’ rival gang, the Black Gangster Disciples (BGD), and conceded his membership in the gang at trial.

Another State witness, Officer Don Lyons, testified that immediately after the attack all inmates were secured in their cells. During his patrol of the cellblock one-half hour after the attack, he observed defendant inside his cell, naked waist-up, washing his arms, torso and hands. Lyons testified that this behavior was unusual because defendant’s cellblock had been given the opportunity to shower earlier that morning. Further, Lyons testified that unlike other inmates who stood at the front of their cells shouting to one another to learn about the attack, defendant asked no questions and seemed disinterested.

The State argued that Taylor’s murder was a retaliation killing by gang members of the BGD for the death of a fellow gang member, Billy “Zodiac” Jones, three months earlier at Pontiac. The State presented witnesses to show that defendant’s affiliation and leadership position within the BGD led to his participation in the killing. Further, the State offered witnesses to support its theory that the killing was retaliatory. Deputy Director Donald Long testified that his investigation confirmed that “the motive, as shown through the investigation, was that the murder of [Taylor] was a direct result of the death of inmate [Jones].” Inmate Harry Martin, a former BGD member, testified about the motive for the killing and discussed defendant’s participation in the killing. Martin first outlined the structure of the BGD and its activities, including extortion, gambling, prostitution, tax fraud, armed robbery and credit card fraud. Martin testified that he had gained information concerning the BGD’s structure and activities because he was previously a board member and financial advisor to Larry Hoover, the BGD’s chairman of the board. He explained, however, that in 1987 he began to cooperate with the Department of Corrections (DOC) because he learned that BGD gang members were planning to assassinate him:

“I was Larry’s financial adviser from 1984 until 1987. During that time we established policies for the institutions, throughout the state and all the states. One of the policies was no heroin inside of the institutions. No guns, no violence, etcetera, things that would stunt the financial growth of the organization. After Larry Hoover left in February or March [1987], the majority of the board were disgruntled by the policies that were established when he was there saw me as the stepping stone between what they wanted to do and what was going on at the time, so they put together a conspiracy to assinate [sic] me.
* * *
[The warden told me of the conspiracy to assassinate me.] When he told me this I didn’t believe it. I’d been a member of the B.O.S. [BGD] all my life. I’d given my life to the organization. I was a Board member. I was — it made me mad, so I wouldn’t believe him. *** I went back and talked to a couple of board members who were my allies at the time, and they confirmed the conspiracy.
«$» ¥
I had a dilemma. I was in between assasinating [sic] seven members of the board or throwing away thirteen years of my life. So rather than become what they were, I threw away thirteen years and left the institution.” Martin testified that only after he learned of the as-

sassination plans against him did he begin to cooperate with the DOC. Martin further testified that he was introduced to Pontiac BGD members when he was transferred to that facility in 1987. He first met gang members in the cafeteria, including the BGD’s facility “co-chairman,” Corwyn “Ketchup” Brown. Martin testified that during this meeting with Ketchup defendant was present, and based upon defendant’s conduct he believed defendant was a member of the BGD’s security group called the United Front Organization (UFO). Specifically, he stated that he observed defendant “trailing” Ketchup and other board members, and observed defendant take orders from Ketchup. UFO members were protectors and responsible for security, making certain that members had weapons or body guards.

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Cite This Page — Counsel Stack

Bluebook (online)
787 N.E.2d 113, 203 Ill. 2d 410, 272 Ill. Dec. 298, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-lucas-ill-2003.