People v. Mueller

474 N.E.2d 434, 130 Ill. App. 3d 385, 85 Ill. Dec. 706, 1985 Ill. App. LEXIS 1532
CourtAppellate Court of Illinois
DecidedJanuary 30, 1985
Docket4-84-0194
StatusPublished
Cited by12 cases

This text of 474 N.E.2d 434 (People v. Mueller) 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. Mueller, 474 N.E.2d 434, 130 Ill. App. 3d 385, 85 Ill. Dec. 706, 1985 Ill. App. LEXIS 1532 (Ill. Ct. App. 1985).

Opinion

JUSTICE MILLS

delivered the opinion of the court:

Concealment of homicidal deaths.

Tried at bench—guilty—30 months’ probation.

We affirm.

Neil Mueller shot and killed Art Pierson and his son, Roscoe Pier-son, on April 17, 1982, in Scott County.

Immediately after the shootings, Mueller placed the bodies in his pickup truck, drove to his farm in Scott County, and put the bodies in a hogpen. Upon returning to the farm after dinner, Mueller waited for his wife to retire and go to sleep. He then loaded the bodies back in his truck, drove into Cass County, and dumped the bodies off a bridge over Clear Creek.

Several days later, Mueller voluntarily told the police that he shot the Piersons and put their bodies in Clear Creek. Both bodies were subsequently recovered from Indian Creek, which is downstream of Clear Creek.

The Scott County State’s Attorney charged defendant with the murders of Art and Roscoe Pierson. The murder trial was held in Sangamon County after Mueller moved for a change of place of trial. At the murder trial, he admitted to shooting Art and Roscoe Pierson. He testified that, prior to the shooting, Art Pierson had threatened him on several occasions by stating he would “blow [defendant’s] head off.” On one occasion, Art Pierson, while driving a logging truck, had forced defendant’s car off the road into a ditch.

Mueller further testified that on the day of the shootings he was helping his brother check the condition of some cows which had been recently attacked by coyotes. Mueller was carrying a shotgun at that time. As he was chasing a calf, he came upon Art and Roscoe Pier-son. He testified that Roscoe was armed with a pistol and “shot once or twice.” Mueller returned fire with his shotgun. Art Pierson then came at Mueller with a chainsaw and Mueller shot him also.

The Sangamon County jury found Mueller not guilty of the murders of Art and Roscoe Pierson. On January 31, 1983, about 10 days after Mueller’s acquittal for the murders, the Cass County State’s Attorney filed charges against him for the concealment of the homicidal deaths of Art and Roscoe Pierson. (An amended information charged that Mueller concealed the Piersons’ deaths by placing their bodies in Clear Creek.)

Defendant filed a motion to dismiss the charges of concealment on the grounds that the prosecution was barred by defendant’s acquittal in the former murder prosecution. At the hearing on the motion to dismiss, the parties stipulated that prior to defendant’s trial for murder the Scott County State’s Attorney agreed with the Cass County State’s Attorney that defendant would be prosecuted in Scott County for murder only and that the Scott County State’s Attorney would not pursue prosecution for the concealment of the deaths.

Defendant’s motion to dismiss was denied. After waiving a jury trial on the concealment charges, all of the evidence was stipulated to, defendant was found guilty and sentenced to 30 months’ probation, 100 days of work release, and fined $20 pursuant to the Crime Victims Compensation Act (Ill. Rev. Stat. 1981, ch. 70, par. 71 et seq.).

I

Defendant argues that the prosecution for the concealment of the homicidal deaths was barred under section 3—4(b)(1) of the Criminal Code of 1961 (Ill. Rev. Stat. 1983, ch. 38, par. 3—4(b)(1)). This section provides in part:

“(b) A prosecution is barred if the defendant was formerly prosecuted for a different offense *** if such former prosecution:
(1) Resulted in either a conviction or an acquittal, and the subsequent prosecution is for an offense of which the defendant could have been convicted on the former prosecution ***.’’ (Emphasis added.)

Defendant argues that he could have been convicted of concealment in the murder prosecution because the concealment of the homicidal deaths originated in Scott County and the Scott County State’s Attorney knew of the concealment at the time he charged defendant with murder. Defendant adds that evidence of the concealment had been introduced by the State in the murder trial to rebut his evidence of self-defense. Defendant’s argument rests on the premise that, as to each body, there was only one offense of concealment which originated in Scott County and continued into Cass County.

The State argues that section 3—4(b)(1) did not bar the prosecution for concealment of the homicidal deaths in Cass County. The gist of the argument is that defendant committed the offense of concealment of a homicidal death in Cass County by dumping the bodies into Clear Creek and that this offense was separate and distinct from any offense arising from acts occurring in Scott County. The State argues, therefore, that since the Scott County State’s Attorney had no authority to prosecute defendant for an offense occurring in Cass County, defendant could not have been convicted of such an offense in the murder trial. The State argues, therefore, that because defendant could not have been convicted of this offense in the murder trial, section 3—4(b)(1) of the Criminal Code of 1961 would not preclude the Cass County State’s Attorney from charging defendant with the concealment of homicidal deaths in Cass County.

We must decide, therefore, whether defendant’s act of dumping the bodies in Clear Creek constituted an offense of concealment of homicidal deaths distinct from any possible offenses arising from his placing the bodies in his hogpen in Scott County.

The legislature has defined concealment of a homicidal death as follows:

“A person commits the offense of concealment of homicidal death when he conceals the death of any other person with knowledge that such other person has died by homicidal means.” (Ill. Rev. Stat. 1981, ch. 38, par. 9—3.1(a).)

The offense of concealment of a homicidal death is comprised of two elements: (1) knowledge that a homicidal death has occurred; and (2) some affirmative act of concealment by the defendant. People v. Mahon (1979), 77 Ill. App. 3d 413, 395 N.E.2d 950; People v. Stiles (1977), 46 Ill. App. 3d 359, 360 N.E.2d 1217.

To determine whether defendant’s actions in Cass County gave rise to an offense of concealment distinct from any offenses arising from actions in Scott County, we begin with the supreme court’s decision in People v. King (1977), 66 Ill. 2d 551, 363 N.E.2d 838, cert. denied (1977), 434 U.S. 894, 54 L. Ed. 2d 181, 98 S. Ct. 273. In King, the court formulated the basis by which a defendant could be convicted and sentenced on multiple offenses arising from interrelated acts. To this end, the court defined “act” as “any overt or outward manifestation which will support a different offense.” (People v. King (1977), 66 Ill.

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Cite This Page — Counsel Stack

Bluebook (online)
474 N.E.2d 434, 130 Ill. App. 3d 385, 85 Ill. Dec. 706, 1985 Ill. App. LEXIS 1532, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-mueller-illappct-1985.