People v. MacK

606 N.E.2d 165, 238 Ill. App. 3d 97, 179 Ill. Dec. 333, 1992 Ill. App. LEXIS 1725
CourtAppellate Court of Illinois
DecidedOctober 28, 1992
Docket1-89-2982
StatusPublished
Cited by9 cases

This text of 606 N.E.2d 165 (People v. MacK) 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. MacK, 606 N.E.2d 165, 238 Ill. App. 3d 97, 179 Ill. Dec. 333, 1992 Ill. App. LEXIS 1725 (Ill. Ct. App. 1992).

Opinion

JUSTICE RIZZI

delivered the opinion of the court:

Following a jury trial, defendant was found guilty of first degree murder (Ill. Rev. Stat. 1987, ch. 38, par. 9 — 1), attempted murder (Ill. Rev. Stat. 1987, ch. 38, pars. 8 — 4, 9 — 1), armed violence (Ill. Rev. Stat. 1987, ch. 38, par. 33A — 2), and aggravated battery (Ill. Rev. Stat. 1987, ch. 38, par. 12 — 4). Defendant was sentenced to concurrent terms of 60 years’ imprisonment for first degree murder, 30 years’ imprisonment for attempted murder, and 30 years’ imprisonment for armed violence.

The following issues are before this court for review: (1) whether the trial court violated defendant’s right to due process and a fair trial when it refused to allow him to introduce a statement made by his codefendant; (2) whether the trial court encroached upon defendant’s constitutional right to present his case by trying defendant and his codefendant simultaneously in separate trials; (3) whether the trial court violated defendant’s constitutional right to present his defense by refusing to allow him to present testimony that a gunshot residue test was requested but never conducted; and (4) whether the trial court abused its discretion when it sentenced defendant to 60 years’ imprisonment for first degree murder and 30 years’ imprisonment for attempted first degree murder. We affirm.

Defendant and Adrian Hennon were indicted for the offenses of first degree murder, attempted first degree murder, armed violence and aggravated battery. Prior to trial, defendant filed a motion to suppress identification testimony, and Hennon moved to sever his trial from defendant’s. The trial court denied defendant’s motion to suppress, but granted Hennon’s motion to sever and ordered that defendant and Hennon be tried simultaneously by separate juries. The trial court mandated that defendant’s or Hennon’s jury would be excused whenever evidence concerning the other defendant whose culpability the jury was not charged to determine would be elicited during cross-examination of the State’s witnesses.

The State maintained that the facts of the case occurred in the following manner. On September 9, 1988, a group of boys and young men were standing in the park located at 87th and South Jeffrey Avenue, across the street from the Chicago Vocational High School. Present in this group were Esau Asad, Darren Harris, Devon Miller, Jason Murray, Elward Verrett and the decedent, 11-year-old Abdulah Asad. All of these people testified for the State at trial, with the exception of the decedent, Abdulah Asad.

The State maintained that around 3:15 p.m. on the date in question, a Suzuki jeep approached the aforementioned group of men and the individuals in the jeep exchanged words with Murray. The persons in the jeep then drove away, but they later returned as promised. When they returned in the jeep, they were accompanied by a group of men who arrived in a gray Chevrolet Nova. The passengers in both vehicles exited and began to display the sign of a street gang known as the Black Gangster Disciples. The group included defendant, Hen-non and Richard Terrell. Verrett testified that defendant was pointing people out and saying, “shoot him, shoot him.” Esau Asad maintained that defendant said, “I’ll pop you.” Murray stated that defendant said, “pop that shorty, pop him.”

When this interaction ended, the group that defendant arrived with got back into their vehicle and drove away. Verrett testified that defendant and Hennon left in the Nova, and that the car made a U-turn about one block away from the location where the men had argued and started to return. Verrett further testified that as the car approached him, he saw defendant, Hennon and Terrell. Verrett stated that Hennon was the driver. Verrett testified that defendant was sitting in the front seat on the passenger side, that he had his arm stuck out of the window, and that he had a gun in his hand. Verrett related that as the Chevrolet approached him, “Terrance Mack stuck his arm out of the window and started firing.” Similarly Esau Asad, Harris and Miller all testified that Hennon was the driver and that defendant was the gunman. Several shots were fired, one of which fatally wounded Abdulah Asad while another hit Murray in the arm. The car moved away from the scene after the shots were fired.

Police officer Earl Parks arrived on the scene shortly thereafter. Officer Parks transported the unconscious Abdulah Asad, his brother Esau Asad and the injured Jason Murray to the hospital. Officer Parks announced that a shooting had occurred over the police radio. Police officer Ronald Forgue heard the message and spotted the gray Chevrolet five to six minutes later. The Chevrolet stopped under a viaduct where defendant and Terrell exited the vehicle. After a brief foot chase both men were arrested. Shortly thereafter, Hennon was arrested.

Later that day, around 8:20 p.m., Esau Asad, Harris, and Miller went to Chicago police Area 2 police headquarters to view a lineup of suspects in the shooting. All three eyewitnesses identified defendant in the lineup as the gunman. After the aforementioned three witnesses testified, the court ordered that the two juries be separated for the rest of the proceedings.

At defendant’s trial, the sole issue was whether defendant was the gunman. Defendant’s testimony is distinguishable from the State’s version of events in that while he admitted that he participated in the argument which took place near Chicago Vocational High School, he denied being in the Chevrolet when the shooting occurred. Defendant testified that he left the scene in the Suzuki after the argument.

According to defendant, on September 9, 1988, he met Hennon and Terrell, who were sitting in a gray Chevrolet Nova at 96th and South Oglesby. Defendant testified that they then saw Haroon Binwalee, Mark Watts and Terrance Hill, who were driving in Binwalee’s Suzuki jeep. Defendant stated that Binwalee, Hill and Watts asked him, Hennon and Terrell to accompany them to the Chicago Vocational High School, where they were having a disagreement with members of a street gang known as the Vice-Lords. Defendant testified that he, Hennon and Terrell agreed to assist Binwalee. Defendant testified that after both vehicles arrived at their destination, he engaged in an argument with members of the Vice-Lords. Defendant admitted that he was a member of the Black Gangster Disciples street gang. According to defendant, both groups exchanged gang signs and slogans. Defendant testified that he then left the scene in the jeep with Binwalee and Watts.

According to defendant, Binwalee and Watts then dropped him off at his home located at 9612 South Oglesby. Defendant testified that he spoke to his aunt upon his arrival at home. Defendant maintained that Hennon and Terrell later arrived at his home in their Chevrolet, at which time he got into the car with them and left. Defendant’s aunt, Mamie Mack, testified that she was present when Hennon and Terrell arrived and drove away with her nephew. Defendant was then arrested.

Initially, defendant was taken to Area 4 police headquarters. Defendant alleged that while he was at the station, he was taken out to the front desk where he was exposed to witnesses who later identified him in the lineup as the gunman. The police and the witnesses later denied that this incident occurred.

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Related

People v. Leak
925 N.E.2d 264 (Appellate Court of Illinois, 2010)
People v. Mack
782 N.E.2d 794 (Appellate Court of Illinois, 2002)
People v. Radovick
656 N.E.2d 235 (Appellate Court of Illinois, 1995)
People v. Rivera
636 N.E.2d 753 (Appellate Court of Illinois, 1994)

Cite This Page — Counsel Stack

Bluebook (online)
606 N.E.2d 165, 238 Ill. App. 3d 97, 179 Ill. Dec. 333, 1992 Ill. App. LEXIS 1725, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-mack-illappct-1992.