People v. Moore

614 N.E.2d 152, 243 Ill. App. 3d 1045, 185 Ill. Dec. 18, 1993 Ill. App. LEXIS 371
Appellate Court of Illinois·Decided March 19, 1993·No. No. 1-90-1306·Published·Cited by 1 cases

Opinion

JUSTICE EGAN

delivered the opinion of the court:

The defendant, Robert Moore, was convicted by a jury of the first degree murder of Edward McClain, and he was sentenced to 30 years’ imprisonment. He maintains that trial errors occurred which require that he be granted a new trial; he does not dispute the sufficiency of the evidence.

Tyrone McClain (Tyrone) had been living at the apartment located at 1761 East 73rd Street in Chicago for approximately one week before the death of his brother Edward. Tyrone was staying with Edward and Edward’s girl friend, Sheila West, to whom the apartment was rented.

The apartment had two entrances. The back door consisted of one rear wooden door, as well as burglar bars and an outer screen door. The burglar bars and the screen door were always kept locked.

Tyrone testified that he met the defendant three times, the last time the day Edward was shot, March 23, 1989. Edward introduced the defendant to Tyrone as “Rob.” Tyrone knew the defendant only as “Rob” and did not learn his last name. On the morning of March 23, 1989, Sheila West left the apartment along with her sister, Angel West, at approximately 11 a.m.

Around 1 p.m., Tyrone was looking out the living room window and saw the defendant pull up in his Blazer vehicle. The defendant parked the car on the street and later knocked on the front door; Edward let him in. Edward accused the defendant of not returning a pistol that belonged to Edward. The defendant said that he had given the pistol to Sheila West. When Edward questioned him further, the defendant repeated that he had given the pistol to Sheila.

Edward was sitting on the couch and again asked the defendant for his pistol. An exchange then took place between the defendant and Edward which we will discuss later when addressing the defendant’s claims of trial error. After that exchange the defendant left.

At approximately 2:20 p.m., while Edward and Tyrone were eating and watching television, a knock came at the back door. Edward went to the door and said, “Who is it?” A man, whose voice Tyrone identified as that of the defendant, said, “Rob.” Edward asked him what he wanted because, Edward said, the defendant had just left out the front door. After Edward opened the door, Tyrone heard three loud shots one after another. After Tyrone heard the shots, he remained sitting in the living room and then walked toward the kitchen, where he saw his brother lying on the floor. The rear wooden door was wide open, but the burglar bar and screen door were still closed.

When Tyrone asked Edward who had shot him, Edward replied, “Rob.” Since there was no phone in the apartment, Tyrone ran outside to get help and found a police car down the block. When the police officer arrived, Tyrone told her that “Rob” had shot Edward.

At the time of trial Tyrone was serving a prison sentence for armed robbery; he had been convicted in December 1989. In October 1984 he had been sentenced to four years’ imprisonment for burglary. In January 1983 he had been sentenced to 18 months’ imprisonment for possession of a stolen motor vehicle. In 1980 he had been sentenced to two years’ imprisonment for theft.

Pólice officer Inovskis testified that at approximately 2:20 p.m. she arrived at the scene of the shooting. She asked Tyrone if Tyrone knew who the offender was, and Tyrone said it was “Rob.”

Dr. Nancy Jones, an assistant medical examiner, testified that the victim had four shotgun wounds: a grazed wound on the anterior of the left thigh; a close-range wound on the back of the right upper arm from which wadding was recovered; a wound on the side of the right buttock; and multiple individual pellet wounds covering an area on the left back and buttock that extended for about 22 inches from the shoulder to the buttock. All the wounds were on the back side of the deceased. In Jones’ opinion the gun was fired from a distance of less than a foot to two feet. Her toxicological analysis of the victim’s blood revealed .29 micrograms of benzylecaline, the first breakdown product of cocaine. Benzylecaline can be recovered up to four hours or longer after the cocaine has been ingested.

Sheila West testified that she had lived at the apartment at 1761 East 63rd Place for approximately five years. In January 1989 the defendant sold Edward an ounce of cocaine for $40. Because Edward did not have the money, he gave the defendant a pistol for security. Later in the month, Edward paid the defendant, but the defendant never returned the pistol.

On the morning of March 23, Sheila and her sister Angel left the apartment. Between 2 p.m. and 2:30 p.m. Sheila returned home and found that Edward had been shot. She had a conversation with Angel during the following evening; Angel told her that she had seen the defendant get into the Blazer. Sheila knew the defendant only as “Rob.” She did not tell the police what Angel had told her because she did not know it was important.

Laranda “Angel” West was a sophomore in high school at the time of trial. She testified that she met the defendant through her friend named Annette, the defendant’s former girl friend. Angel had seen the defendant 50 or 60 times in the previous year. On the morning of March 23 Angel had been living with her sister at the apartment for a week.

At approximately 11 a.m., Angel and Sheila left the apartment to visit a friend and to make a telephone call. After two hours at the friend’s house, Angel left to visit her friend Annette, who lived in the same courtyard building that Sheila lived in. When there was no response at Annette’s apartment, Angel went down the walkway to visit Gwen’s apartment, another friend in the building.

As she approached Gwen’s apartment, Angel heard four shots. After hearing the shots, Angel “ran to the alley and looked down.” She saw the defendant getting into a Blazer; he was carrying a shotgun. On the following day she told her sister that she had seen Rob getting into the Blazer carrying a shotgun.

On cross-examination, Angel recalled an interview at the State’s Attorney’s office on February 26, 1990; the defendant’s attorney, two prosecutors and Detective Kelly were present. Angel denied telling the defendant’s attorney that she did not hear gunshots on the day of the killing. She first said that she did not report that she had seen the defendant carrying a shotgun until February 26, 1990. She did not tell Gwen anything about her observations even though Gwen asked her if she had heard the shots.

The defense was an alibi. Willie Jones, who lived next door to the defendant, testified that he saw the defendant in the backyard of 5409 Shields from approximately 1 p.m. until 4:30 p.m. Carmen Sta-tum testified that she had been checking on the defendant “every ten minutes or every hour” before 4 p.m. Mary Moore, the defendant’s sister, testified that the defendant spent the afternoon washing cars in the backyard and that at approximately 4 p.m. she went for a drive in the defendant’s Blazer.

The defendant testified that he had worked for Watkins Motor Line for approximately three weeks before he was arrested. He was a high school graduate and had also graduated from the Washburn Trade School as an auto mechanic.

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People v. Moore, 614 N.E.2d 152, 243 Ill. App. 3d 1045, 185 Ill. Dec. 18, 1993 Ill. App. LEXIS 371 (Ill. Ct. App. 1993).

614 N.E.2d 152 (People v. Moore) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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