People v. Mays

595 N.E.2d 1088, 230 Ill. App. 3d 748, 172 Ill. Dec. 418, 1992 Ill. App. LEXIS 546
CourtAppellate Court of Illinois
DecidedApril 3, 1992
Docket1-90-0243
StatusPublished
Cited by17 cases

This text of 595 N.E.2d 1088 (People v. Mays) 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. Mays, 595 N.E.2d 1088, 230 Ill. App. 3d 748, 172 Ill. Dec. 418, 1992 Ill. App. LEXIS 546 (Ill. Ct. App. 1992).

Opinion

JUSTICE McNAMARA

delivered the opinion of the court:

Following a bench trial, defendant, Tiberius May, was convicted in the circuit court of Cook County of attempted murder, three counts of aggravated battery and armed robbery. (Ill. Rev. Stat. 1987, ch. 38, pars. 8 — 4(a), 9 — 1(a), 12 — 4, 18 — 2.) The trial court thereafter sentenced defendant to a 50-year term for attempted murder under the extended-term provision (111. Rev. Stat. 1987, ch. 38, par. 1005 — 8— 2(a)(2)), and a consecutive 15-year term for armed robbery. On appeal, defendant challenges his conviction and sentence, and raises the following issues for our review: (1) whether defendant’s statement was voluntary; (2) whether the State’s impeachment by prior convictions was proper; (3) whether the State proved defendant guilty of attempted murder beyond a reasonable doubt; and (4) whether defendant’s sentences were proper.

Defendant filed a pretrial motion to suppress, claiming that his statements to the police and assistant State’s Attorney resulted from physical coercion and threats and were, therefore, involuntary. For trial purposes, the parties stipulated to all of the testimony heard on the motion to suppress. The facts in this case, with the exception of defendant’s allegation of police brutality, are substantially undisputed.

On November 4, 1987, at about 2 a.m., defendant beat John Sarnicki with a metal pipe until he was unconscious, then took his wallet. Defendant gave a court-reported statement at the police station, which is summarized as follows: While walking on a street in Chicago, defendant saw a city tow truck. After the driver exited the truck, and refused defendant’s offer of assistance, defendant struck him on the head with a 15- to 16-inch hollow, metal pipe. When the victim fell to the ground face-up, defendant hit him twice in the head and mouth, turned him over, and removed his wallet. Defendant fled the scene and dropped the pipe in some water. He then went to an empty apartment where he tried to stuff the wallet in the toilet and hide the credit cards under a radiator. He threw his bloodstained sweater in the stairwell of the apartment building, then fell asleep. Two officers entered the apartment, woke him up, asked him his name, and hit him when he denied involvement in the incident. After one of the officers retrieved the wallet from the toilet, defendant showed them where he hid the credit cards. He agreed to return to the scene with the officers. He concluded his statement by stating that the assistant State’s Attorney and the detectives treated him fairly and allowed him to use the telephone.

Defendant testified in his own behalf at the hearing on the motion and by way of stipulation at trial. When the police arrived at the vacant apartment at about 2 a.m., he was “very intoxicated” and “very groggy.” Between 11 p.m. and 12 a.m., he drank two one-half pints of gin, and smoked marijuana and cocaine. After the officers learned his name, they kicked him, and then hit him in the stomach after they searched the apartment. Defendant stated that the officers threatened “to do this and that” if he didn’t cooperate with them. Defendant stated that he spoke with Detective Jaglowski at the police station, and when he denied any involvement, Jaglowski hit him in the stomach three or four times and threatened to continue if he did not cooperate. He requested a public defender several times, but was refused. He also stated that Jaglowski did not read him his rights. According to defendant, when Evelyn Clay, the assistant State’s Attorney, arrived, he asked for a lawyer and for permission to use the telephone. Clay refused to get him an attorney, then left when defendant stopped talking to her. Clay returned a few hours later with a court reporter. He stated that he told Clay that the police had hit him, and that she “cut [him] off in the statement.” Defendant claimed that he was “very high,” groggy and “somewhat tired” when he gave the statement. On cross-examination, defendant admitted that he told Clay he was treated fairly and was allowed to use the telephone. He claimed that he told a paramedic about his stomach pains when he first arrived at the Cook County jail, but that the paramedic found “nothing real bad.” He testified that he requested a doctor 30 to 40 times, but was never treated for stomach injuries nor had he seen a doctor. Defendant stated that he had two prior convictions in 1986, one for theft and one for possession of a controlled substance.

Lonnie Williams, a hotel switchboard operator, testified that defendant entered the hotel at about 1:30 a.m. on the night of the beating. Defendant, whom Williams had known for several years, was “tipsy, smelling of marijuana and beer.” About one hour later, a man entered the hotel and said, “Look at this guy beating up on this tow truck driver.” Williams went outside and saw defendant across the street with a crowbar in his left hand several feet from a person lying on the ground. Williams saw defendant walk across the lot, pick up a piece of paper and wipe off the crowbar. Williams telephoned the police twice. When the police arrived defendant was gone, but Williams gave them defendant’s name.

By way of stipulation, it was established Darnell Jackson would testify that at about 2:40 a.m. on the morning of the incident, he and a friend were walking and saw a city tow truck. Next to the tow truck, they saw the victim on his back bleeding severely from the head. Jackson used the radio in the tow truck to call an ambulance and waited several minutes until the police arrived.

Officers Michael Decker and Edward Dolan of the Chicago police department gave substantially identical testimony. When they arrived at the scene, they saw the victim lying on the ground next to the tow truck. The victim was unable to respond to questions and was taken by ambulance to the hospital. The officers spoke with Williams, who gave them defendant’s name, and Larry Parker, a hotel resident, who took them to the apartment of Doris Mays, defendant’s sister. Mays directed the officers to a vacant apartment in her building where defendant sometimes slept. The officers found defendant sleeping on the floor near the open door, woke him up, and arrested him. They read him his rights which he stated that he understood. Dolan found a wallet inside the toilet which contained a slip of paper with a City of Chicago tow pound number on it. Defendant told the officers that he “got the wallet from the tow driver on Lake Street.” Defendant said that he hit the victim over the head with a pipe, and then showed the officers a radiator under which he hid the remaining contents of the victim’s wallet. Defendant returned to the scene and led the officers to the pipe. Both officers testified that they did not strike or threaten defendant at any time. Dolan described defendant as “somewhat calm. Very articulate. Not very excitable. He was fine.” Defendant did not appear drunk, nor did he tell the officers that he was drunk or tired.

Detective Allen Jaglowski testified for the State that he spoke with defendant at the scene at about 6 a.m., and later that morning at the police station. Defendant told Jaglowski that he was walking down the street and tried to engage the tow truck driver in conversation. When the driver did not respond, defendant beat him with a dumbbell handle and took his wallet from his pocket. Defendant identified the wallet, the credit cards and the dumbbell handle.

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Cite This Page — Counsel Stack

Bluebook (online)
595 N.E.2d 1088, 230 Ill. App. 3d 748, 172 Ill. Dec. 418, 1992 Ill. App. LEXIS 546, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-mays-illappct-1992.