People v. Mikell

577 N.E.2d 1300, 217 Ill. App. 3d 814, 160 Ill. Dec. 729, 1991 Ill. App. LEXIS 1317
CourtAppellate Court of Illinois
DecidedAugust 2, 1991
Docket1-88-1818
StatusPublished
Cited by15 cases

This text of 577 N.E.2d 1300 (People v. Mikell) 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. Mikell, 577 N.E.2d 1300, 217 Ill. App. 3d 814, 160 Ill. Dec. 729, 1991 Ill. App. LEXIS 1317 (Ill. Ct. App. 1991).

Opinion

PRESIDING JUSTICE RAKOWSKI

delivered the opinion of the court:

Following a jury trial defendant was convicted of murder, aggravated battery and armed violence and sentenced to concurrent terms of 20 years for murder and six years for armed violence. No sentence was imposed for aggravated battery. The issues on appeal are: (1) whether defendant was denied his right to effective assistance of counsel; (2) whether the voluntary manslaughter instruction erroneously stated the burden of proof; (3) whether the jury was properly instructed on the armed violence charge; (4) whether defendant was proved guilty of murder beyond a reasonable doubt; and (5) whether the prosecutor’s remarks during closing argument were improper and deprived defendant of his right to a fair trial. We reverse and remand.

Ronald Wynn testified that he had known the murder victim, Richard Burrell, for approximately 20 years. On the night of February 13, 1987, the victim asked Wynn for a ride to the Nabisco plant at 73rd Street and Kedzie Avenue in Chicago. When they arrived at the plant, the victim saw Gloria Winslow, a female acquaintance of his, and he spoke with her for about five minutes. Winslow then entered a vehicle containing two men and a girlfriend of hers from the plant. Wynn and the victim left the plant and drove to a gas station to get some gas. The victim then asked Wynn to drive him to 82nd and Throop Street. When they arrived at this location Wynn saw the car in which Winslow had been riding when she left the plant. The victim approached the other vehicle and began talking to Winslow, who was in the front passenger seat. He then spoke to the defendant, who was in the driver’s seat. At that point, Winslow and the other two passengers, Charles Sutton and Tanya Oates, left the vehicle. Wynn testified that he next saw Sutton and the victim pushing each other. Defendant exited the vehicle and joined Sutton in the fight against the victim. When this occurred, Wynn left his vehicle and started approaching the group to break up the fight. However, defendant came toward him and hit him in the back with his hand. Defendant then pulled the victim off Sutton, and defendant and Sutton started kicking the victim in his side and head. Wynn continued to try and break up the fight, and he saw defendant repeatedly stab the victim with a knife. Wynn stated that defendant was the only one in the group with a knife or other weapon. At some point during the struggle the victim was able to get away from the group and return to Wynn’s vehicle. Defendant tried to come after the victim as the victim approached Wynn’s vehicle but was unable to catch him. Wynn and the victim were taken to the hospital. When Wynn arrived at the hospital, he discovered that he had been stabbed.

On cross-examination, Wynn stated that the victim had indicated that he wanted to see Winslow to give her some money but gave no reason for wanting to go to 82nd and Throop Street. Wynn did not know whether defendant and the victim knew each other prior to the incident. Wynn acknowledged that he and the victim drank a few beers prior to the incident.

Detective Angelo Pesavento testified that he was assigned to investigate the homicide in this case. On the night of the incident he went to the hospital where the victim had been taken and spoke to Wynn. Wynn told him to look for the “ex-boyfriend of Gloria Winslow or the boyfriend of the ex-girlfriend of the victim.” Pesavento spoke with Winslow and obtained defendant’s telephone number. At 6 a.m. on February 14, 1987, the police went to defendant’s home and placed him under arrest. Pesavento noted that defendant had no injuries or marks on his face. Defendant then informed the police where the knife was located, and it was recovered from defendant’s car.

Dr. Michael Chambliss, a forensic pathologist with the Cook County medical examiner’s office, testified that he performed the autopsy on the victim and concluded that he died from a stab wound to his back. He also found evidence of traumatic injury to the side and back of the victim’s head. Chambliss stated that there was evidence of alcohol in the victim’s body.

Tanya Oates testified for defendant that she lived at 8240 South Throop. On the night of the incident defendant was driving her and Gloria Winslow home from the plant when she noticed that the victim was following defendant’s car. When they arrived at her house, defendant and the victim started arguing. She further stated that the victim struck the first blow. When the fight started, Winslow was in the back seat of defendant’s car, and the victim was attempting to pull her out of the car. The victim initially started fighting with Sutton, and Wynn came over and joined in the fight. According to Oates, defendant offered a knife to Winslow for her protection, but she refused it.

On cross-examination, Oates testified that she had known defendant for seven or eight months and that he had been Winslow’s boyfriend at one time. She stated that she did not see defendant with a knife in his possession while he was outside the vehicle, and she did not see him stab the victim. She also acknowledged that she did not see the victim fight with Sutton.

Gloria Winslow testified that she had been the victim’s girlfriend until 2xk years prior to the incident and had not seen him at all since the relationship ended. On the night of the occurrence, the victim had wanted her back, but she had told him that it was all over and to leave her alone. When the two cars were parked in front of Oates’ house, the victim started yelling at defendant to “get out and fight.” Winslow stated that at that point Wynn and Sutton got out of their respective vehicles, and defendant offered her a knife for protection which Winslow refused. Winslow then testified that her relationship with the victim ended in March 1986, but that six or seven months later he had threatened to kill her if she did not come back to him. On another occasion the victim threw acid in her brother’s face in order to prevent her from leaving. Winslow added that defendant knew about this incident.

On cross-examination, Winslow stated that her relationship with the victim had lasted five years and that she seen him 10 or 11 months prior to the incident rather than 2xk years earlier. According to her testimony, the victim had not given her money when he spoke with her outside the Nabisco plant on the night of the incident. She stated that she had known the defendant for about eight months but was not going out with him on the night in question. On the night of the incident Winslow saw defendant on top of the victim during the fight but did not see him kick or stab the victim. She did not know that the victim had been stabbed until the police came to her house.

Charles Sutton testified that he had known defendant for many years. Sutton saw the victim talking to Winslow outside the Nabisco plant on the night of the incident. He had never seen the victim before and had only met Winslow and Oates on one other occasion. When the vehicle in which he was riding left the plant he noted that the victim’s vehicle was following them. At Oates’ house, he got out of the car to “stretch” when he saw the victim walk toward them. He started to get back in the car but the victim grabbed him by the hair and started pulling him away from the vehicle. Defendant and Wynn then exited their vehicles and all four men started fighting.

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

Related

People v. Houser
2022 IL App (1st) 201071-U (Appellate Court of Illinois, 2022)
People v. Olden
2020 IL App (1st) 171809-U (Appellate Court of Illinois, 2020)
People v. Hopkins
Appellate Court of Illinois, 2006
People v. Segoviano
697 N.E.2d 792 (Appellate Court of Illinois, 1998)
People v. Anderson
641 N.E.2d 591 (Appellate Court of Illinois, 1994)
People v. Salazar
643 N.E.2d 698 (Illinois Supreme Court, 1994)
People v. Jones
608 N.E.2d 22 (Appellate Court of Illinois, 1993)
People v. Gill
637 N.E.2d 1030 (Appellate Court of Illinois, 1992)
People v. Ramey
604 N.E.2d 275 (Illinois Supreme Court, 1992)
People v. Martin
603 N.E.2d 603 (Appellate Court of Illinois, 1992)
People v. Clark
596 N.E.2d 642 (Appellate Court of Illinois, 1992)

Cite This Page — Counsel Stack

Bluebook (online)
577 N.E.2d 1300, 217 Ill. App. 3d 814, 160 Ill. Dec. 729, 1991 Ill. App. LEXIS 1317, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-mikell-illappct-1991.