People v. Parker

551 N.E.2d 1012, 194 Ill. App. 3d 1048, 141 Ill. Dec. 669, 1990 Ill. App. LEXIS 229
CourtAppellate Court of Illinois
DecidedFebruary 23, 1990
Docket1-87-2413
StatusPublished
Cited by18 cases

This text of 551 N.E.2d 1012 (People v. Parker) 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. Parker, 551 N.E.2d 1012, 194 Ill. App. 3d 1048, 141 Ill. Dec. 669, 1990 Ill. App. LEXIS 229 (Ill. Ct. App. 1990).

Opinion

JUSTICE RAKOWSKI

delivered the opinion of the court:

Defendant Bruce Parker was convicted of murder (Ill. Rev. Stat. 1987, ch. 38, par. 9 — 1(2)), felony murder (Ill. Rev. Stat. 1987, ch. 38, par. 9 — 1(3)), and armed violence (Ill. Rev. Stat. 1987, ch. 38, par. 33A — 2) for actions against Louis Russell. He was convicted of attempted murder (Ill. Rev. Stat. 1987, ch. 38, pars. 8 — 4, 9 — 1), armed robbery (Ill. Rev. Stat. 1987, ch. 38, par. 18 — 2(a)), and armed violence (Ill. Rev. Stat. 1987, ch. 38, par. 33A — 2) for actions against Linda Wiggins. After conviction, the court sentenced him to 20 years on the two murder counts and six years on each of the other four counts, the sentences to run concurrently with credit for time served. The court also entered a finding but no judgment for aggravated battery (Ill. Rev. Stat. 1987, ch. 38, pars. 12 — 4(a), (b)(1)) against Linda Wiggins.

On appeal, Parker raises the issues of: whether the trial court committed reversible error when (1) it found Parker guilty of murder even though he held a reasonable belief that he had acted in self-defense; (2) it found Parker guilty of felony murder based on the theory that he was a participant in a planned armed robbery; (3) it found Parker guilty of attempted murder and armed robbery based on the theory that he was responsible for his codefendant’s actions; (4) it restricted Parker’s testimony about his state of mind before he killed Russell; (5) it convicted Parker of both murder and felony murder even though both were based on a single act involving a single victim; (6) it convicted Parker of two counts of armed violence even though Parker was also convicted of the underlying felonies of murder and attempted murder; and (7) whether the mittimus for attempted murder must be amended to conform to the actual sentence imposed.

For the reasons given below, we affirm the judgments for murder, attempted murder, and armed robbery, but vacate the findings and judgments for felony murder and both counts of armed violence. We remand the case to the trial court to amend the mittimus for attempted murder. We also vacate the finding of aggravated battery.

This appeal involves convictions for actions that occurred on February 7, 1986. On that date Parker went to the home of William Lang at 726 N. Austin, Oak Park, to buy one-sixteenth of an ounce of cocaine. About two hours later, Linda Wiggins and a companion, Louis “Junior” Russell, arrived with the cocaine. Accounts differ as to the details about what happened next, but everyone agrees that Parker picked up a gun and shot Russell in the head at least once. Then Lang used the gun to shoot Wiggins three times.

In defense to the murder charge, Parker claimed self-defense or, in the alternative, action in the unreasonable belief that self-defense was necessary, which would reduce the charge to voluntary manslaughter. Parker also presented four character witnesses who testified about his dependability on the job and his reputation for being truthful and law abiding.

Parker himself testified that he arrived at Lang’s sometime before 6 p.m. Lang did not have the drugs but expected delivery soon. Parker agreed to wait because he was planning a party and wanted to have cocaine available for his friends. He also testified that the idea of waiting made him “nervous.” When Parker began to explain why he was nervous, the State objected, and the trial court sustained this objection. Parker continued his testimony, stating that he had only bought from Lang once before.

Finally, a woman arrived accompanied by a man. Lang introduced them to Parker as Linda Wiggins and a friend. The man kept his hand in his pocket and refused to shake hands with Parker. Parker noticed that Wiggins was sweating and looked “a little nervous.” Lang then led the party to his dining room. There, Parker stood while Wiggins and the man sat. The man sat down by moving his chair with his feet and still did not take his hand from his pocket. Parker noticed a gun on the bar nearby. When Wiggins asked for water, Parker got her a glass. After that, Lang took a sample of drugs into another room and returned to report it “wasn’t coming back too well.” Parker assumed the comment meant that the drugs did not meet Lang’s expectation for quality. Wiggins told Lang to get a scale. Parker then said he wanted to cancel his small order. Wiggins objected that if Lang cancelled the main order from her, something would happen to him.

At this point in the testimony, the State raised a hearsay objection. The court allowed Parker to continue, however, on the grounds that he was testifying about his state of mind prior to the shooting of Louis Russell.

Parker testified further that Lang left the room, possibly to get a scale. Parker called after Lang: “Well, I don’t want any of it and I’m not going to buy it.” Wiggins looked at Russell and said, “Fuck that, Junior.” Then Russell, who had been sitting the entire time with one hand in his pocket, started to stand, grabbed the bottom of his jacket with his free hand, and began to pull his hand out of his pocket. At this point in testimony, the following was said:

“MR. PETERS [Defense Counsel]: And what did you think was about to happen[?]
MS. CALLUM [Assistant State’s Attorney]: Objection, your Honor.
THE COURT: Sustained.
Q. What did you do then?
A. Well when he jumped up and grabbed the bottom of his coat I had thought he had a gun out of the pocket because he never removed his hand from the pocket. I snatched the gun off the bar and I fired it.”

Parker testified further that Lang ran over and said, “You going to have to finish him now.” Parker replied, “I can’t do that.” So Lang took the gun, shot Russell in the head and shot Wiggins three times. Parker left the room and waited in the apartment for about 20 minutes. Next he went out, got his van, and pulled up to the stairwell. He could see Lang and another man bringing Russell’s body down the stairs. At that point, Parker saw a police officer farther down the alley. So Parker slid open the van door and fled on foot. The officer followed and arrested him.

Linda Wiggins testified that she was the friend of a cocaine dealer who had authorized her to sell for him in his absence. About 4:45 that day, Wiggins was at home freebasing when she got a call from Lang on her friend’s beeper. Lang wanted to buy one ounce for $1,300 or $1,500. Wiggins told him the price would be $1,800. Lang stated he would go to the bank for more money and call her again when he got back. She continued using cocaine until 6 or 6:30. During this time, Louis Russell arrived. He was a retarded man and not a drughiser. Wiggins took Russell with her to pick up the drugs from the dealer’s apartment and then proceeded to Lang’s.

Wiggins testified further that she and Russell sat in the Lang dining room while Lang left the room. Lang returned to say he was having trouble with his scale; but, he wanted Wiggins to “be cool” and remain seated. Wiggins and Russell remained in the dining room, and each smoked a cigarette. Parker went to get Wiggins some water.

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Cite This Page — Counsel Stack

Bluebook (online)
551 N.E.2d 1012, 194 Ill. App. 3d 1048, 141 Ill. Dec. 669, 1990 Ill. App. LEXIS 229, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-parker-illappct-1990.