People v. Myers

686 N.E.2d 363, 292 Ill. App. 3d 757, 226 Ill. Dec. 733, 1997 Ill. App. LEXIS 721
CourtAppellate Court of Illinois
DecidedOctober 10, 1997
Docket3-96-0495
StatusPublished
Cited by2 cases

This text of 686 N.E.2d 363 (People v. Myers) 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. Myers, 686 N.E.2d 363, 292 Ill. App. 3d 757, 226 Ill. Dec. 733, 1997 Ill. App. LEXIS 721 (Ill. Ct. App. 1997).

Opinions

PRESIDING JUSTICE LYTTON

delivered the opinion of the court:

Defendant Jeramie M. Myers was convicted of aggravated arson (720 ILCS 5/20 — 1.1 (West 1994)) and sentenced to a 24-year term of imprisonment. The issues on review are whether the trial court improperly considered statutory factors in aggravation in imposing sentence, and whether the sentence was excessive. We reverse and remand for a new sentencing hearing.

FACTS

At trial, defendant stipulated to the facts concerning his participation in the 1993 arson of Term City, a rent-to-own business in Monmouth, Illinois. Defendant was an employee of the business, and his friend, Mark Skiles, was the manager. During Skiles’ tenure as manager, numerous thefts of cash and furniture occurred. Defendant knew of Skiles’ involvement in the thefts. On March 5, 1993, Skiles offered defendant a videocassette recorder (VCR) and proposed that defendant torch the store to cover up the thefts. Defendant agreed to the plan.

On the morning of March 6, defendant spread gasoline around the store, lit the fire and left. At 6:14 a.m., the Monmouth fire department responded. As Assistant Fire Chief Dennis Olson attempted to open a door, the roof caved in and a wall collapsed on him. Olson subsequently died from his injuries.

On March 8, defendant received a VCR from Skiles. On November 16, he confessed to the arson. Defendant was charged with murder and aggravated arson; however, the murder charge was nolle pressed upon defendant’s agreement to testify against Skiles and to await his own sentencing hearing until after Skiles was sentenced. Based on the stipulated facts, the court found defendant guilty of aggravated arson. Skiles was subsequently convicted of murder and sentenced to 24 years in the Department of Corrections.

At defendant’s sentencing hearing, the court reviewed the presentence investigation report, which disclosed that defendant was 18 years old when he committed the offense; he had a ninth-grade education and no criminal record; and he had worked at Term City delivering furniture and collecting late payments before the fire. The court also heard testimony offered in mitigation and a victim impact statement read by the victim’s widow, Judy Olson. Defendant exercised his right of allocution to express sympathy for Mrs. Olson and to ask the court to impose the minimum sentence. After receiving recommendations of counsel, the court made findings and imposed sentence.

In mitigation, the court found that defendant did not contemplate that his conduct would cause or threaten serious physical harm to another; his conduct was induced by another; and defendant had no history of criminal activity. 730 ILCS 5/5 — 5—3.1(a)(2), (a)(5), (a)(7) (West 1994). In aggravation, the court found that defendant’s conduct caused or threatened serious harm; he received compensation for committing the offense; by the duties of his office or position, he was obliged to prevent the offense or bring offenders to justice; and a severe sentence was needed to deter others from committing the same crime. 730 ILCS 5/5 — 5—3.2(a)(1), (a)(2), (a)(4), (a)(7) (West 1994). Considering that Skiles had received a 24-year prison term, the court stated that the same sentence should be imposed for defendant. Defendant’s motion to reduce sentence was denied, and he appeals.

ANALYSIS

Initially, defendant claims that the trial court improperly considered that his conduct caused or threatened serious harm. Defendant argues that this factor is implicit in the offense of aggravated arson, yet the court based its sentencing decision "totally on this factor. We do not agree.

Sound public policy dictates that a defendant’s sentence be varied in accordance with the particular circumstances of the crime. People v. Saldivar, 113 Ill. 2d 256, 497 N.E.2d 1138 (1986). Certain criminal conduct may warrant a harsher penalty than other conduct punishable under the same statute. Saldivar, 113 Ill. 2d 256, 497 N.E.2d 1138. Thus, a sentencing court may consider the degree of harm caused by a certain aggravated arson, even though injury and threat of harm are implicit in the offense. People v. Goyer, 265 Ill. App. 3d 160, 638 N.E.2d 390 (1994).

In this case, the statutory charge of aggravated arson required proof of property damage and injury to a fireman. 720 ILCS 5/20— 1.1(a)(3) (West 1994). The collapse of a building and fatal injuries to a fireman are neither elements of aggravated arson nor dangers implicit in the offense. They are facts that could be properly considered in imposing sentence. The court’s comments demonstrate that the court was aptly concerned about the fact that Olson died from injuries he suffered fighting the fire, not merely the fact that he was injured. Accordingly, we find that the court properly considered the degree of harm caused by this crime and not the harm or threat of harm implicit in the elements of aggravated arson. See People v. Bone, 103 Ill. App. 3d 1066, 432 N.E.2d 329 (1982).

Defendant next claims that the court erred by considering that he received compensation for committing the offense. Again, we disagree. The record supports the court’s finding that defendant accepted a VCR as payment for setting the fire. See People v. Conover, 84 Ill. 2d 400, 419 N.E.2d 906 (1981).

Defendant also contends that the trial court improperly considered that he had a duty by his position as an employee not to destroy his employer’s property.

This factor in aggravation applies where "the defendant, by the duties of his office or by his position, was obliged to prevent the particular offense committed.” 730 ILCS 5/5 — 5—3.2(a)(4) (West 1994). We believe that the legislature did not intend to apply this factor to a store employee hired merely to deliver goods and collect accounts payable. The defendant’s obligation to prevent an offense based on his office or position inherently requires some substantive indicia of responsibility on his part. None exists here. Defendant had no managerial or supervisory authority. Nor does it appear that he was assigned duties to guard the business, prevent fires, report crimes or otherwise provide security. Accordingly, the trial court should not have considered defendant’s position as an employee as a factor in aggravation. See People v. Bosley, 197 Ill. App. 3d 215, 533 N.E.2d 1187 (1990); People v. Zemke, 159 Ill. App. 3d 624, 512 N.E.2d 374 (1987).

Finally, defendant argues that his 24-year sentence was excessive because the three factors found by the court in mitigation substantially outweighed the factors in aggravation. He requests this court to reduce his sentence to six years.

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Related

People v. Clifton
750 N.E.2d 686 (Appellate Court of Illinois, 2001)

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Bluebook (online)
686 N.E.2d 363, 292 Ill. App. 3d 757, 226 Ill. Dec. 733, 1997 Ill. App. LEXIS 721, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-myers-illappct-1997.