People v. M.D.

461 N.E.2d 367, 101 Ill. 2d 73, 77 Ill. Dec. 744, 1984 Ill. LEXIS 244
CourtIllinois Supreme Court
DecidedJanuary 20, 1984
Docket57532
StatusPublished
Cited by57 cases

This text of 461 N.E.2d 367 (People v. M.D.) is published on Counsel Stack Legal Research, covering Illinois Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
People v. M.D., 461 N.E.2d 367, 101 Ill. 2d 73, 77 Ill. Dec. 744, 1984 Ill. LEXIS 244 (Ill. 1984).

Opinions

JUSTICE CLARK

delivered the opinion of the court:

In this case, the State appeals from the trial court’s denial, and the appellate court’s affirmance of the denial, of the State’s motion to permit prosecution of the minor respondent, M.D., as an adult under the criminal laws of Illinois instead of under the Juvenile Court Act (Ill. Rev. Stat. 1981, ch. 37, par. 701 et seq.). A divided appellate court affirmed the judgment of the circuit court of Cook County (109 Ill. App. 3d 790), and we granted the State’s petition for leave to appeal (87 Ill. 2d R. 315(a)).

Section 2 — 7(3) of the Juvenile Court Act (Ill. Rev. Stat. 1981, ch. 37, par. 702 — 7(3)) provides:

“If a petition alleges commission by a minor 13 years of age or over of an act which constitutes a crime under the laws of this State, and, on motion of the State’s Attorney, a Juvenile Judge, designated by the Chief Judge of the Circuit to hear and determine such motions, after investigation and hearing but before commencement of the adjudicatory hearing, finds that it is not in the best interests of the minor or of the public to proceed under this Act, the court may enter an order permitting prosecution under the criminal laws.” Ill. Rev. Stat. 1981, ch. 37, par. 702-7(3).

In the instant case, the trial judge denied the State’s petition requesting that the minor be tried as an adult, and the appellate court affirmed, holding that the trial judge had not abused his discretion by denying the State’s motion. It is from this judgment that the State appeals.

The sole issue before this court is whether the trial judge abused his discretion by denying the State’s motion to permit the prosecution of the respondent as an adult. We find that the trial judge did abuse his discretion, and we reverse the judgments of both the circuit and appellate courts.

A petition for adjudication of wardship was filed in the circuit court on January 28, 1981, alleging that respondent was delinquent in that on January 26, 1981, he allegedly committed murder by shooting and killing two individuals, Gregory and Vincent Jackson.

During the transfer hearing, Officer Ralph Vucko testified regarding a statement the respondent had made to him the night of the shootings. Respondent told Vucko the following. On January 26, 1981, at about 6:30 p.m., respondent allegedly went to the home of Izear Sewell, also known as “Tookie.” Respondent alleged that his purpose in going to see Sewell was to ask Sewell for help because he had been hit across the face with a pistol by Gregory Jackson one week before. It appears that respondent went to Sewell’s house armed with a gun and looking for, as he put it, “revenge.” Sewell, according to respondent, agreed to help respondent and stated that they should “gun up.” Se-well evidently had a gun on his person because respondent said that they both left without going into Sewell’s house.

Respondent and Sewell then walked to a laundromat where they found Gregory Jackson. Respondent urged Se-well to “talk to the dude, he jumped on me a couple of times, man.” Apparently, Sewell was telling Gregory Jackson to leave the respondent alone when, according to respondent, Gregory took a stick out of a garbage can and began walking towards Sewell and respondent. Vucko interviewed three eyewitnesses, none of whom saw the stick Gregory Jackson was alleged to have had. Gregory allegedly called Sewell a “punk.” Sewell shot Gregory, and respondent allegedly shot at Gregory, missing him. Respondent alleges that Vincent Jackson, Gregory’s brother, also came towards them, and respondent stated that he shot Vincent four times. Sewell and respondent then ran to a nearby apartment where they hid the guns they had used on a shelf.

Vucko testified that the respondent did have scabs and marks on his face when he gave his statement and that respondent told him that they were the result of being hit in the face with a gun by Gregory Jackson a week earlier. Vucko testified that respondent also told him that the Jackson brothers were members of a gang called the “Q-Dogs,” a subgroup of a gang called the “Vice Lords.” According to Vucko, respondent told him that “he was not in a gang but he was harassed.” Vucko testified that he had not heard of the “Q-Dogs,” but that he was not assigned to the gang crimes unit of the police department and consequently was not familiar with all the names of the gangs in the district.

An investigator with the office of the public defender, Jeffrey Greenfield, also testified at the transfer hearing. Greenfield had interviewed a friend of the respondent’s, Bernard Strowder. Strowder was alleged to have told Greenfield the following. Strowder had known respondent three or four years and the Jackson brothers for about two years. The Jacksons were, Strowder alleged, members of the “Q-Dogs,” which was a subgroup of the “Vice Lords.” On one occasion Gregory Jackson and another boy allegedly forced respondent and Strowder to give them money at gunpoint. On another occasion, Gregory Jackson was alleged to have hit the respondent with a stick, telling him “you owe me.” Strowder also told Greenfield that there was an occasion where respondent had been pistol-whipped by Gregory and that Gregory and Vincent Jackson had pushed respondent off of his bike and struck him on another occasion. Greenfield testified that he had heard of the gang called the “Q-Dogs.”

Respondent’s mother testified at the probable cause hearing before the judge that was presiding at the transfer hearing. She testified that on January 24, 1981, respondent and her nephew told her that Gregory Jackson and another boy had just threatened respondent with a gun. It appears that a microwave oven which was stolen from a railroad car was the subject of the dispute. Gregory Jackson wanted the oven, which he apparently believed the respondent had in his possession. Whether the dispute over the microwave was the actual reason for the alleged pistol-whipping on January 24,1981, is unclear from the record.

In any event, the respondent’s mother testified that the respondent had come upstairs to their apartment missing a shoe and that he and her nephew told her that Gregory Jackson had threatened the respondent with a gun. The mother also stated that she had sent the respondent to the store the morning after the incident and he had returned with his eye and face swollen. Respondent told his mother, according to her, that Gregory Jackson had beaten him up. Respondent’s mother called the police, and a tape recording verifying her call was presented to the judge. The mother testified that after she called the police they never came and she did not bother to call them again.

Three reports were made in connection with this case— a social investigation report prepared by the respondent’s probation, officer, a psychological report, and a psychiatric report.

Vergus Hurks, respondent’s probation officer, had prepared the social investigation report regarding the respondent, and he testified at the transfer hearing as to his findings. Hurks related the following. Respondent was bom on July 11, 1965, and was lñVz at the time of the hearing. Respondent lived at home with his mother and nine brothers and sisters in a public housing project, and his mother was receiving assistance from the Illinois Department of Public Aid.

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Cite This Page — Counsel Stack

Bluebook (online)
461 N.E.2d 367, 101 Ill. 2d 73, 77 Ill. Dec. 744, 1984 Ill. LEXIS 244, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-md-ill-1984.