People v. McFee

595 N.E.2d 64, 230 Ill. App. 3d 356, 172 Ill. Dec. 1, 1992 Ill. App. LEXIS 784
CourtAppellate Court of Illinois
DecidedMay 21, 1992
Docket1-89-3109
StatusPublished
Cited by3 cases

This text of 595 N.E.2d 64 (People v. McFee) 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. McFee, 595 N.E.2d 64, 230 Ill. App. 3d 356, 172 Ill. Dec. 1, 1992 Ill. App. LEXIS 784 (Ill. Ct. App. 1992).

Opinion

JUSTICE JOHNSON

delivered the opinion of the court:

Defendant Don McFee and codefendant Timothy Tolliver were charged by indictment with armed robbery (Ill. Rev. Stat. 1987, ch. 38, par. 18 — 2), armed violence (Ill. Rev. Stat. 1987, ch. 38, par. 33A— 2) and two counts of first degree murder (Ill. Rev. Stat. 1987, ch. 38, par. 9 — 1). The State nol pressed the counts of felony murder, armed robbery and armed violence. The trial court granted codefendant’s severance motion and separate trials were conducted. Defendant was convicted of two counts of first degree murder (Ill. Rev. Stat. 1987, ch. 38, par. 9 — 1), following a jury trial in the circuit court of Cook County and was sentenced to natural life without parole in the Illinois Department of Corrections. On appeal, defendant contends that (1) he was denied a fair trial because the State violated its discovery obligation by failing to disclose oral statements he allegedly made to an assistant State’s Attorney; and (2) the evidence was insufficient to prove his guilt beyond a reasonable doubt for the murders of Debra Dehn and Denise Michaels.

At trial, Chicago police officer Steve Martinez testified that he found Denise Michaels lying at 114th Street and Doty Road. He stated that she had been shot in the back of the head but that she was still breathing. Michaels died the following day. The witness stated that he also found Debra Dehn dead with gunshot wounds to the face approximately 15 feet to the north of Michaels. He further stated that Michaels’ car was parked in a field about 350 feet away and that the engine was running.

Dr. Thaddeus Melko, evidence technician for the Chicago police department, testified that because of Dehn’s disability as a double amputee and because of the way the blood leading to the victim was pooled, she must have been carried to the location where she was shot. The witness stated that there was a small drop of blood found on the driver’s side of Michaels’ car. The witness also testified that he recovered a Smith & Wesson revolver, two women’s purses and a semiautomatic weapon from Michaels’ vehicle. A denim jacket was also found at the scene.

Medical testimony established that Dehn was shot twice in the face at close range. Dehn was also shot in the back and that the bullet exited at her breast. An autopsy of Michaels’ body showed that she was shot once in the back of the head, once in the left arm and once in the neck. Dr. Tae An, a medical examiner for Cook County, testified that both Dehn and Michaels died as a result of multiple gunshot wounds.

Robert Kapsalis testified that on November 17, 1987, at approximately 6 p.m., he was at Michaels’ home with her daughter, Lisa, Chris Shaffer and Dehn. The witness testified that during his visit, Michaels returned home with her boyfriend, Tolliver, whose nickname was Renegade, and another man whose name the witness could not recall. The witness identified defendant as the man who was with Tolliver. The witness testified that defendant had a silver gun which he carried in a pouch and that Tolliver had a gun “like the police carry.” He further stated that Michaels told him they were going to “Cadillac’s house” to get some money Cadillac owed her. The witness testified that defendant, Tolliver, Michaels and Dehn left the apartment together.

Edward Muscarella and Lisa both testified that on the night of November 17, 1987, defendant and Tolliver visited Michaels and Dehn at Michaels’ apartment. Lisa stated that Tolliver called her on the telephone shortly after midnight. Muscarella testified that the denim jacket which was found at the murder scene belonged to Dehn and that it looked like the same jacket defendant was wearing that night.

Cortez Shields testified that on November 17, 1987, he lived at 11607 South Princeton and that he got home at about 8 p.m. that evening. He stated that upon arriving home, several people were there including defendant, Tolliver, Dehn, Michaels and Cadillac, Shields’ brother. Shields further testified that defendant and Tolliver left the house at approximately 9 to 10 p.m. and that Michaels and Dehn were gone by that time.

Shields stated that he went to the store and a short time after he returned, defendant and Tolliver returned to the house. The witness testified that his brother, Cadillac, asked them, “Did you do that?” and that defendant and Tolliver left 15 to 20 minutes after their return.

Assistant State’s Attorney Jay Kraning testified that he questioned defendant in connection with the double homicide. Kraning advised defendant of his rights and defendant agreed to speak to him. The witness testified that defendant began to give different variations of what happened on the night of November 17, 1987. He stated that defendant asked, “What if I said I shot the girls?” or “if I said I didn’t shoot the girls but was with Tolliver, what would happen to me?” After about two hours, a court reporter entered the room and recorded defendant’s statement.

In the court-reported statement, defendant stated that on November 17, 1987, he was with Tolliver, Michaels and Dehn in Michaels’ car. He stated that Michaels was driving and that Dehn was in the front seat next to her. He and Tolliver sat in the back seat. He further stated that Tolliver and Michaels were arguing about money Cadillac owed her and that Tolliver told her she was not going to get paid. Tolliver then pointed a silver-plated gun toward Michaels and fired one shot. He stated that he got out of the car and started running toward the house at 116th and Princeton when he heard another shot. After arriving at the house, defendant met Tolliver at the back door and both men went inside where Tolliver talked to Cadillac. Defendant and Tolliver then went to defendant’s aunt’s house, where Tolliver called Michaels’ daughter and told her that her mother had been shot. Defendant then went to his cousin’s house, and Tolliver went to defendant’s mother’s house.

On cross-examination, Kraning testified that after defendant made his court-reported statement, he prepared a memo describing the procedure he used in taking the statement. The memo stated that the substance of defendant’s oral statement was substantially the same as the court-reported statement. The witness stated that the memo did not include the fact that defendant had repeatedly called Kraning into the interview room and changed his story.

On redirect examination, the following testimony was adduced:

“MR. EBERHARDT [Assistant State’s Attorney]: During one of the many conversations you talked about you had with Mr. McFee that night, did he tell you that he shot one of the girls?
THE WITNESS: He told me one time — he described to me how the one victim who had no legs, who was sitting in the front of him, facing him with her back to the dash, and the other victim was shot in the head. She started crying, and he was laughing because she was jumping, because she couldn’t get out of the car because she had no legs. And then there was the shot. And then, again, he said, ‘I’m taking all that back. I didn’t say that.’
MR. EBERHARDT: Did he say that he shot her at that point, and then he retracted that?
MR.

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Related

State v. Smalley
802 A.2d 1154 (Supreme Court of New Hampshire, 2002)
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648 N.E.2d 241 (Appellate Court of Illinois, 1995)

Cite This Page — Counsel Stack

Bluebook (online)
595 N.E.2d 64, 230 Ill. App. 3d 356, 172 Ill. Dec. 1, 1992 Ill. App. LEXIS 784, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-mcfee-illappct-1992.