People v. McCoy

606 N.E.2d 245, 238 Ill. App. 3d 240, 179 Ill. Dec. 413, 1992 Ill. App. LEXIS 1761
CourtAppellate Court of Illinois
DecidedNovember 4, 1992
Docket1-89-3238
StatusPublished
Cited by18 cases

This text of 606 N.E.2d 245 (People v. McCoy) 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. McCoy, 606 N.E.2d 245, 238 Ill. App. 3d 240, 179 Ill. Dec. 413, 1992 Ill. App. LEXIS 1761 (Ill. Ct. App. 1992).

Opinion

PRESIDING JUSTICE HARTMAN

delivered the opinion of the court:

A jury found defendant, Michael McCoy, guilty of murder (Ill. Rev. Stat. 1985, ch. 38, par. 9—1) and armed robbery (Ill. Rev. Stat. 1985, ch. 38, par. 18—2). The circuit court sentenced him to life imprisonment without parole for murder and 30 years for armed robbery, to be served concurrently. He appeals, questioning whether (1) the court erred in denying his motion to quash arrest and suppress certain evidence; (2) he was deprived of his right to confront witnesses; (3) the State improperly introduced evidence of a codefendant’s other crimes; and (4) the prosecutor’s closing remarks were highly inflammatory and prejudicial.

Prior to trial, defendant moved to quash his arrest and suppress evidence. At the hearing on his motion, Chicago police officer Michael Ballard testified that he was assigned to investigate the 1 a.m., April 10, 1986, homicide of the victim, Nazih Youssef. From a police report, Officer Ballard determined that there were three male perpetrators. The first, who was identified as the shooter, was described as a black male; was between 25 and 35 years of age; weighed 160 to 190 pounds; was 5 feet 6 inches to 5 feet 8 inches tall; was dark-complected; had a moustache; wore a large earring in his left ear; wore a sports cap; wore a black leather jacket; and wore dark gym shoes.

On April 12, 1986, Officer Ballard questioned people in the homicide neighborhood. One such person, known only as John, told him that defendant and another individual were involved in the homicide. John had not previously given the officer information which led to a felony arrest. Ballard did not know where John lived, but had spoken to him before. John mentioned that defendant always wore a large gold snake earring in his left ear. John’s description of defendant’s height, weight and complexion matched that of the shooter set out in the police report.

Later that afternoon, Officer Ballard and his partner received á radio call and proceeded to 3618 South State Street, where defendant was seated in a green automobile directly across the street from where the homicide took place. Defendant was asked to get out of his car. He was wearing a black baseball cap, a black leather jacket and a jogging outfit. There was a gold earring in his left ear. Defendant was 24 years old, 5 feet 9 inches tall, and weighed 170 pounds. Based upon John’s information and the description from the police report, defendant was placed under arrest. A picture of defendant taken two days after the crime occurred showed that he had a goatee, which was not mentioned in the report referenced by Officer Ballard. Also, defendant’s hairstyle was different prior to his arrest.

Following argument, the court denied defendant’s motion and the case proceeded to trial.

Abd Ahmad, the victim’s father, testified that on April 10, 1986, in the early morning hours, Youssef’s wife called, informing him that the victim had been shot. Abd identified Youssef at the county morgue.

Hussein Awwad testified that he worked as a cashier in the store owned by the victim. Prior to the incident, Awwad observed a new employee, Wayne Millighan, 1 not working, but watching where the cash was kept. Millighan worked only one night. After being informed of Millighan’s activity, the victim first paid him and then fired him.

On April 9, 1986, at approximately 11 p.m. or 11:30 p.m., Awwad observed Millighan and another person enter the store, buy some liquor, drink inside the store and bother the customers. At about 1 a.m., on April 10, 1986, Awwad was in the stockroom and Mohammed Ghrayyib, another witness, was working in the grocery section near a cash register, making coffee. The victim was in the liquor section at the back of the store, and another employee, Achmaad Hassan, was in the beer walk-in cooler. Awwad heard a “great” noise at a locked door that separated the counter from the lobby area. He proceeded to the front of the store, saw Millighan holding a small silver automatic, and heard him announce a stick-up. Millighan had entered the restricted area through the door leading from the customer area and was standing next to the cash register.

After Millighan ordered Ghrayyib to open the cash register, Millighan grabbed the entire tray from the cash register and started taking money. Awwad heard a shot, which came from the liquor section of the store. Millighan said “come on, let’s go, we are done.” Millighan exited; another offender, who was in the entrance, walked out second; and the alleged shooter fled last from the liquor section, holding a dark, long-barrelled revolver and a bag of the type used to hold money. Awwad had seen the shooter before. He was walking fast and passed within four or five feet of the witness.

Awwad found the blood-covered victim lying on the floor in a small office where money was kept. Awwad called the police. He described the man who came from the shooting as having an earring, a mustache, a small beard and wearing blue jeans. The offender was about 5 feet 9 inches tall "with a dark complexion. On April 12, 1986, Awwad identified defendant at a lineup as the person who left with the black revolver, coming from the area where the shot was heard. He also identified defendant in court as that man. On July 24, 1986, he identified Millighan in a lineup.

Loretta Jackson testified that on April 10, 1986, at about 1 a.m., she was leaving her friend Cecelia Hale’s Chicago Housing Authority (CHA) apartment located across the street from the incident, with her fiancee, Donel Collins. Millighan approached them and shot Collins following an argument. He used a small- to medium-sized silver automatic handgun.

Jackson’s brother took Collins from Hale’s apartment to the hospital. Subsequently, they spoke to the police at the hospital, and Jackson picked Millighan out of a photograph display about one week later. She asserted that Millighan’s nickname was “Insane Wayne.”

On cross-examination she testified that Millighan had facial hair and Jheri curl styled hair.

Hale testified that as Collins was being driven to the hospital, she remained in her apartment. From her window she observed Millighan with two other males across the street enter Youssef’s food and liquor store. Twenty minutes later, she went back to the window and saw police cars in front of the store.

Defendant moved to strike the testimony of Jackson and Hale. The court denied the motion, but agreed to admonish the jury that the testimony of another crime is not to be considered as a crime committed by defendant.

Ghrayyib, in addition to substantially corroborating Awwad’s testimony, asserted that he identified defendant from a photograph array and from a lineup as the man who, carrying a black .38-caliber revolver and a money bag, came from the immediate area in which the victim was shot. He also identified defendant in court. Ghrayyib subsequently identified Millighan in a lineup.

Achmaad Hassan, who was in the cooler area during the incident until hearing a shot, verified that Millighan worked at the store, as well as the events which took place prior to the incident.

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Cite This Page — Counsel Stack

Bluebook (online)
606 N.E.2d 245, 238 Ill. App. 3d 240, 179 Ill. Dec. 413, 1992 Ill. App. LEXIS 1761, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-mccoy-illappct-1992.