People v. McNeal

698 N.E.2d 652, 298 Ill. App. 3d 379, 232 Ill. Dec. 561, 1998 Ill. App. LEXIS 519
CourtAppellate Court of Illinois
DecidedJuly 30, 1998
Docket1-97-1400, 1-97-1541 cons.
StatusPublished
Cited by19 cases

This text of 698 N.E.2d 652 (People v. McNeal) 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. McNeal, 698 N.E.2d 652, 298 Ill. App. 3d 379, 232 Ill. Dec. 561, 1998 Ill. App. LEXIS 519 (Ill. Ct. App. 1998).

Opinion

JUSTICE WOLFSON

delivered the opinion of the court:

At about 2:20 a.m. on May 23, 1994, Dion Massey stood outside a submarine sandwich shop (the sub shop) on the corner of 71st and Paxton in Chicago. Suddenly there was a barrage of gunfire. Soon after, the police arrived on the scene. They found Dion Massey, unconscious, inside the sub shop. He was bleeding from a bullet wound to the chest. Outside the sub shop, the police found two bullet fragments, one lodged in the store’s door casing. On the southwest corner of the intersection, kitty-corner from the sub shop, the police found 14 9-millimeter shell casings.

There were no eyewitnesses to the shooting, but the investigation led police to believe the shooting was gang-related. A number of Mickey Cobra (MC) gang members were brought to the police station for questioning. After a month-long investigation, three members of the MCs were indicted by the June 1994 grand jury — Calvin “Pookie” McNeal, Michael “Pigtail” Keene, and Antoine “Goofy” Scott. All three defendants were charged with two counts of first degree murder.

Separate but simultaneous bench trials were held for the three defendants on January 8, 1997. McNeal and Scott were iound guilty as charged. Each was sentenced to a term of 28 years’ imprisonment. Keene was acquitted.

McNeal and Scott appeal their convictions. Both defendants contend the trial court erred by refusing to suppress their inculpatory postarrest statements to police. In addition, McNeal and Scott argue they were not proved guilty beyond a reasonable doubt. We affirm.

SCOTT’S MOTION TO SUPPRESS

On November 29, 1995, the trial court held a hearing on Scott’s motion to suppress his postarrest statements. At this hearing Detective McCann testified that he and his partner, Detective Caesar, arrested Scott at about 7:45 p.m. on June 8, 1994. Scott, who was 16 years old, was ari’ested at 7336 S. Luella in Chicago, his grandparents’ home. The detectives did not have a warrant for Scott’s arrest.

When the police arrived, Scott’s grandparents were home. The police invited them to accompany Scott to the police station. Scott’s grandfather declined. He said he had to go to work.' Scott’s grandmother also declined to accompany Scott. Her reasons were health-related. It was reported that she suffered from bronchitis and epilepsy.

At the station, Detective McCann attempted to obtain a youth officer. None was available. Detective McCann then met with Scott briefly (about five minutes). At this time, Scott denied any participation in the Massey shooting. Scott was told, however, the police had information to the contrary. Detective McCann denied reading to Scott or providing him with any of the statements implicating him.

After the brief interview, Scott was left alone in an interview room to await the arrival of an assistant State’s Attorney (ASA). ASA Hal Garfinkle arrived at Area 2 at about 9 p.m. He did not speak with Scott until a youth officer became available. At about 10:30 p.m., youth officer Burke came to the station and met with Scott. ASA Garfinkle then spoke with Scott in the presence of youth officer Burke. At this time Scott gave a detailed oral statement implicating himself in the shooting.

In his statement, Scott said he met Carney Wiggins on the way to school on May 19, 1994. Carney told him his brother, Michael Wiggins, had been shot the night before. Carney said a gang meeting was planned for that evening. After school that afternoon, Scott went to the cleaners and met Jerome Watson along the way. While Scott was inside the cleaners he heard gunshots outside the cleaners. When he looked out he saw members of the Gangster Disciples, dressed in black, running in one direction. Jerome Watson and some other MCs were running in the opposite direction.

Later, at about 6:30 p.m., Scott was on his way to Rosenbloom Park when he saw Jerome Watson again. Watson told Scott the meeting was over. Watson told him they were going on a mission to “burn” some GDs. Scott accompanied Watson to Dante Eatmon’s house.

Scott also told police he returned to Eatmon’s house on May 23, 1994. Michael Keene and Sam Smith were there. Smith stole a white car and Scott got in the car with Keene and Calvin McNeal. As they headed for GD territory, however, the car broke down. They all went back to Dante’s house. A friend named Marcus came to Dante’s with a dark-colored car. This .time four or five more MCs got into the car and drove with them to GD territory. They parked at 71st and Merrill. Scott said he was told to stay with the car and open the doors when the others returned from their mission. Scott admitted he had acted as a lookout while the others walked down an alley toward 71st and Paxton. He heard shooting, then the MCs ran back to the car and they all left the area.

Although Scott provided this oral statement to both the police and the assistant State’s Attorney, he declined to have his statement memorialized in any way.

Scott testified in support of his motion to suppress. He agreed that his grandparents had been present when he was arrested and that they declined to go with him to the police station. Scott claimed, however, that he told the detectives his mother lived down the street, but the detectives did not respond.

Scott also contended that when the police questioned him at the station and informed him of his “right to counsel,” he told the detectives he didn’t understand what this meant. The detectives didn’t explain and questioned him anyway.

Scott denied having any personal knowledge of the shooting. He said he learned the details of the shooting from statements the police had obtained from other persons and read to him. He said he initially denied any involvement in the shooting, but the detectives called him a liar. Then, Scott claimed, the detectives told him he would spend the rest of his life in jail unless he told them he acted as a lookout. Scott said the detectives told him if he admitted being a lookout he could go home. This was the only reason, Scott said, he made the admission that he had been a lookout at the shooting.

Scott agreed that he gave ASA Garfinkle a statement implicating himself in the shooting. He said he was afraid to tell ASA Garfinkle the truth.

On cross-examination, Scott admitted his grandmother was his legal guardian. He had been living with his grandparents since April 1994. Scott also admitted that he had been arrested a number of times prior to this arrest. He had been informed of his rights each time in the past. He never said he didn’t understand his rights.

The trial court denied Scott’s motion to suppress. The court found that the police complied with the statutory requirement of giving notice to the minor’s guardian of the arrest. The court also found that the legal guardians were given sufficient opportunity to be present at Scott’s questioning but that they chose not to attend. In addition, Scott did not give an inculpatory statement until after he met with a youth officer. He made the statement to ASA Garfinkle in the presence of the youth officer.

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Cite This Page — Counsel Stack

Bluebook (online)
698 N.E.2d 652, 298 Ill. App. 3d 379, 232 Ill. Dec. 561, 1998 Ill. App. LEXIS 519, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-mcneal-illappct-1998.