People v. Metcalfe

762 N.E.2d 1099, 326 Ill. App. 3d 1008, 261 Ill. Dec. 172, 2001 Ill. App. LEXIS 1500
CourtAppellate Court of Illinois
DecidedDecember 28, 2001
Docket1-00-1810
StatusPublished
Cited by13 cases

This text of 762 N.E.2d 1099 (People v. Metcalfe) 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. Metcalfe, 762 N.E.2d 1099, 326 Ill. App. 3d 1008, 261 Ill. Dec. 172, 2001 Ill. App. LEXIS 1500 (Ill. Ct. App. 2001).

Opinions

JUSTICE O’BRIEN

delivered the opinion of the court:

Defendant, William Metcalfe, appeals his convictions for attempted armed robbery and attempted aggravated robbery and his sentence of 10 years in prison. On appeal, defendant argues that: (1) the circuit court erred by denying his motion to quash arrest and suppress evidence; (2) the State failed to prove him guilty beyond a reasonable doubt; (3) defendant was denied his right to a fair trial where one of the jurors indicated during voir dire that she was unable to be fair and impartial; (4) the circuit court erred by failing to properly instruct the jury; and (5) the circuit court erred by denying defendant’s requests for appointment of counsel to represent him on his posttrial motions and at sentencing. We reverse and remand for a new trial.

At trial, Jerry Dudek testified that at about 3:30 p.m. on January 8, 1998, he was using an automatic teller machine (ATM) in the Citibank branch located at 222 West Adams when defendant approached him and asked for money. Mr. Dudek said “no.” Defendant again asked for money. Mr. Dudek again declined. Defendant then brushed up against Mr. Dudek, stuck his left hand in his pocket, and said “I have got a gun. I want your money.” Mr. Dudek begged defendant not to hurt him. Defendant responded by bumping Mr. Dudek and stating, “I want your f — ing money.”

Mr. Dudek screamed for help. Defendant took a step back, then reached for Mr. Dudek’s wallet, which was on a ledge underneath the ATM. Mr. Dudek grabbed defendant’s left arm and prevented him from taking the wallet. Defendant then walked to a revolving door and attempted to exit the bank. Mr. Dudek put his foot against the door and trapped defendant inside.

Several bank employees, including an armed security guard, reached the scene. Mr. Dudek told them that defendant had tried to rob him. One of the bank employees ran outside through another door and held the revolving door from that side, preventing defendant from escaping. Mr. Dudek left for a work-related appointment and later spoke with Officer Halloran and signed a complaint against defendant.

Officer Halloran testified that at about 3:40 p.m. on January 8, 1998, he received a call of a robbery in progress at the Citibank at 222 West Adams. Upon arriving at the scene, Officer Halloran observed two people (including Mr. Dudek) detaining defendant in the bank’s revolving door. Officer Halloran also observed that defendant’s left hand was in his left coat pocket.

Some of the people at the scene yelled that defendant had a gun. Officer Halloran asked defendant to take his hand out of his pocket. Defendant complied and exited the revolving door. Officer Halloran then handcuffed him and conducted a pat-down search. Officer Hallo-ran found a sharpened meat cleaver in defendant’s left coat pocket.

Defendant testified that at about 3:40 p.m. on January 8, 1998, he approached Mr. Dudek at the ATM machine inside the Citibank and asked him for some change. Mr. Dudek did not respond. Defendant again asked for money. Mr. Dudek grabbed defendant by the arm and yelled for security. Defendant then attempted to leave the bank through the revolving door, but Mr. Dudek held onto the door and prevented him from leaving.

A security guard rushed over with his gun drawn. Defendant told the guard that he had done nothing wrong. The police arrived shortly thereafter, and defendant explained to them that there had been a misunderstanding and that Mr. Dudek appeared to have been drunk.

The officers handcuffed defendant, patted him down, and placed him under arrest. As the officers were putting defendant into the squad car, they frisked him again and discovered a meat cleaver in his back pocket. Defendant explained that he used the meat cleaver to scrape ice off windshields and to open pop cans.

The jury found defendant guilty of attempted armed robbery and attempted aggravated robbery. The circuit court merged the attempted aggravated robbery conviction into the attempted robbery conviction and sentenced defendant to 10 years in prison. Defendant filed this timely appeal.

First, defendant argues that the circuit court erred by denying his pretrial motion to quash arrest and, suppress evidence based on lack of probable cause. Probable cause to arrest exists where the facts and circumstances known to the police officer at the time of the arrest are sufficient to warrant a person of reasonable caution to believe that an offense had been committed and that the offense was committed by the person arrested. People v. Sims, 192 Ill. 2d 592, 614 (2000). The existence of probable cause is determined by the totality of the circumstances at the time of the arrest. Sims, 192 Ill. 2d at 615. A determination of probable cause is governed by commonsense, practical considerations and not by technical legal rules. Sims, 192 Ill. 2d at 615. Since both parties here accept the testimony of the arresting police officer, our standard of review is de novo. Sims, 192 Ill. 2d at 615.

Officer Halloran testified at the hearing on the motion to suppress that when he arrived at the scene, he observed defendant being “detained” in the revolving doors by a security guard and Mr. Dudek. Several bank employees were screaming that defendant had a gun, and both Mr. Dudek and the security guard told Officer Halloran that defendant had tried to rob Mr. Dudek. The security guard also told Officer Halloran that defendant claimed to have a gun in his pocket.

Defendant argues that probable cause was lacking because Officer Halloran did not have a “first-hand” statement from the victim, Mr. Dudek, as to defendant’s criminal behavior. Defendant’s argument is not well-taken because (as discussed above) Officer Halloran testified that Mr. Dudek made a statement at the scene that defendant had attempted to rob him.

Defendant also argues that probable cause was lacking because Officer Halloran failed to inquire into the veracity and reliability of the security guard and the bank employees and otherwise failed to corroborate their statements as to defendant’s attempt to rob Mr. Dudek. In effect, defendant argues that Officer Halloran should have conducted a mini-trial at the bank, cross-examining the witnesses until defendant’s guilt was proven beyond a reasonable doubt. However, the evidence relied upon by the arresting officers does not have to be sufficient to prove defendant’s guilt beyond a reasonable doubt (Sims, 192 Ill. 2d at 615); rather, as discussed above, the totality of the circumstances must be such as to warrant a person of reasonable caution to believe that defendant committed an offense. Here, Officer Halloran was confronted with an identified victim and defendant, statements from bank employees as to defendant’s possession of a gun, and a statement from both the victim and the bank security guard that defendant had tried to rob Mr. Dudek. Under the totality of these circumstances, Officer Halloran had probable cause to arrest defendant, as a person of reasonable caution could believe that defendant had attempted to commit armed robbery.

Defendant argues that Illinois v. Gates, 462 U.S. 213, 76 L. Ed. 2d 527, 103 S. Ct. 2317 (1983), and Recznik v.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Alvarado v. Gomez
N.D. Illinois, 2021
People v. Dixon
948 N.E.2d 786 (Appellate Court of Illinois, 2011)
People v. Rucker
803 N.E.2d 31 (Appellate Court of Illinois, 2003)
People v. Metcalfe
782 N.E.2d 263 (Illinois Supreme Court, 2002)
People v. Hanks
781 N.E.2d 601 (Appellate Court of Illinois, 2002)
People v. Lundy
779 N.E.2d 404 (Appellate Court of Illinois, 2002)
People v. Metcalfe
762 N.E.2d 1099 (Appellate Court of Illinois, 2001)

Cite This Page — Counsel Stack

Bluebook (online)
762 N.E.2d 1099, 326 Ill. App. 3d 1008, 261 Ill. Dec. 172, 2001 Ill. App. LEXIS 1500, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-metcalfe-illappct-2001.