People v. Merritte

611 N.E.2d 24, 242 Ill. App. 3d 485, 183 Ill. Dec. 171, 1993 Ill. App. LEXIS 422
CourtAppellate Court of Illinois
DecidedMarch 23, 1993
Docket3-91-0687, 3-91-0688 cons.
StatusPublished
Cited by17 cases

This text of 611 N.E.2d 24 (People v. Merritte) 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. Merritte, 611 N.E.2d 24, 242 Ill. App. 3d 485, 183 Ill. Dec. 171, 1993 Ill. App. LEXIS 422 (Ill. Ct. App. 1993).

Opinion

JUSTICE SLATER

delivered the opinion of the court:

Following a jury trial, defendants Earnest and Walter Merritte were convicted of first degree murder. Earnest Merritte was sentenced to a term of 80 years’ imprisonment. Walter Merritte was sentenced to natural life imprisonment. Defendants now appeal from their convictions and sentences. We affirm.

Mark Harcar was beaten to death on October 26, 1990, near Tony’s Meat Market in Streator, Illinois. William Vietti, a friend of the victim, testified that he was with Mark on the day he was killed. Vietti met Mark at the market at about 5 p.m. They spent the evening drinking beer and burning boxes and papers from the market. The market, owned by members of the Harcar family, was being remodeled. Vietti brought 8 to 12 beers with him to the market and bought three additional 12-packs of beer during the course of the evening. Jeffrey Harcar, the victim’s 14-year-old nephew, arrived around 10:15 p.m. Jeffrey did not see his uncle drinking beer, but he thought that Vietti was drunk.

Jeffrey Harcar and Vietti both testified regarding an incident involving two black women who walked by the market that evening. According to Jeffrey, as the women walked by, Vietti said, “Maybe we can get a B.J. from these two girls.” Vietti walked up to the women and said something that Jeffrey could not hear. Jeffrey then heard one of the women say that they did not like being called niggers. Vietti left the women and they continued to walk down the street.

According to Vietti, Mark Harcar said to him, “There’s two for you” as the women walked by, and then yelled out, “How about a blow job, mama?” Vietti approached the women and they asked, “What’s his [Mark’s] problem?” Vietti told them that Mark didn’t like blacks. One of the women shook Vietti’s hand, and he returned to the trash fire where Mark and Jeffrey were standing.

Both Jeffrey Harcar and Vietti agreed that after Vietti returned from talking to the women, Mark Harcar got into Vietti’s truck and followed the women. At one point, the women moved from the street to a path that had been a sidewalk and yelled at Mark not to run them over. Mark later turned around and returned to the market and the women continued on their way.

Gwendolyn Patterson testified that she and Earl Phillips were in Streator on October 26, 1990, drinking and socializing with Alice Phillips. At about 10 p.m. the three of them, along with Jessie Phillips, drove to a tavern where the women got out and the men drove away. Patterson and Alice Phillips were unable to enter the tavern because they did not have membership cards so they walked through town looking for Earl or for someone to give them a ride. As they walked past the meat market around 10:30 p.m., one of two men standing outside the market called out, “You niggers.” One of the men approached and Patterson asked him why they had called them niggers. The man said that the other man had called out to them, not him. Patterson and the man shook hands and she and Alice Phillips continued to walk down the street. The second man soon drove up behind them in a truck, and the women left the street, running into a yard. Patterson picked up a brick and told the man that she would throw it through his windshield if he tried to run them over. The man pulled into a vacant lot across the street and, according to Patterson, said, “You nigger bitches come through here again, you’re as good as dead.” The man, whom Patterson identified as Mark Harcar, then drove back to the meat market.

Patterson further testified that she and Alice later found someone to give them a ride to look for Earl Phillips. On the way, they stopped at a liquor store and bought some beer and whiskey. They eventually found Earl and some other people, including Earnest and Walter Merritte, outside an apartment in Streator. Patterson had known the Merrittes for about eight years. She told the group about the incident at the meat market, and a number of people, including Patterson, the Merrittes and Alice, and Earl and Jessie Phillips, got into two cars and drove to the market at about 11 or 11:30 p.m.

Vietti testified that when he saw the two cars drive up to the market, he told Mark Harcar that they were outnumbered and that they should go inside the market. According to Vietti, Harcar said “f— it,” grabbed a piece of conduit, and began walking in the direction of the cars. Vietti went inside the market and locked the door.

Gwendolyn Patterson and Earl Phillips testified that after parking the cars, they walked toward the market along with the Merrittes and Alice Phillips. Patterson picked up a four-foot-long stick and saw Mark Harcar approaching with a shovel in his hands. Walter Merritte asked Harcar why he had tried to run the women over. Harcar denied it. Patterson became angry, insisted Harcar had tried to run them over and swung the stick at Harcar, which he blocked with the shovel. Patterson then saw Harcar get hit with a beer can and fall to the ground. Earl Phillips testified that the can was thrown by Earnest Merritte. After Harcar fell, Patterson jumped on top of him and began hitting him with her fists. Walter Merritte told Earl Phillips to pull Patterson off of Harcar. Walter Merritte then began hitting Harcar in the side with the shovel that Harcar had dropped when he fell. Earnest Merritte, meanwhile, was kicking Harcar in the back. During this time, Harcar was lying on his side, covering up his head with his hands and forearms.

Earl Phillips further testified that Gregory Ennis appeared on the scene, picked up a wire milk crate and used it to beat Harcar in the head. Earl stated that he hadn’t seen Ennis earlier that evening and didn’t know where Ennis had come from. Patterson claimed that she had seen Ennis earlier in the day at Alice Phillips’ house but she did not see him at any time later that day. Patterson stated that she did not know that Ennis had been involved in the beating until the next morning when Ennis told her that he had beaten Harcar in the head with an iron crate.

According to Patterson, the beating ended when she and Alice Phillips told the Merrittes to stop. Patterson thought that the entire incident lasted three or four minutes. Earl Phillips testified that the beating stopped when Earnest Merritte stepped between Ennis and Walter Merritte and told them that that was enough. Earl thought that the incident lasted 11 or 12 minutes.

Jessie Phillips testified that he went to the market but he stayed where the cars were parked and he did not witness the beating. Jessie knew Greg Ennis but he did not see him that night.

Doctor Mary Jumbelic, a forensic pathologist who performed the autopsy on Mark Harcar, testified that he sustained numerous injuries, including four skull fractures. In addition to the head injuries, there were abrasions on the chest and hands and bruising on the back, left side, left arm and both legs, along with four broken ribs and a ruptured spleen. In Jumbelic’s opinion, the victim died as a result of injuries to the skull and brain caused by blunt trauma. Contributing causes of death were a lacerated spleen and fractured ribs. Jumbelic stated that the skull injuries and certain abrasions on the body were consistent with being struck by a shovel. An abrasion on the upper left chest was consistent with being struck by a wire metal crate.

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Cite This Page — Counsel Stack

Bluebook (online)
611 N.E.2d 24, 242 Ill. App. 3d 485, 183 Ill. Dec. 171, 1993 Ill. App. LEXIS 422, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-merritte-illappct-1993.