People v. Patrick

697 N.E.2d 1167, 298 Ill. App. 3d 16, 232 Ill. Dec. 237, 1998 Ill. App. LEXIS 456
CourtAppellate Court of Illinois
DecidedJuly 7, 1998
Docket1-95-2115
StatusPublished
Cited by12 cases

This text of 697 N.E.2d 1167 (People v. Patrick) 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. Patrick, 697 N.E.2d 1167, 298 Ill. App. 3d 16, 232 Ill. Dec. 237, 1998 Ill. App. LEXIS 456 (Ill. Ct. App. 1998).

Opinions

JUSTICE TULLY

delivered the opinion of the court:

Defendant, Deon Patrick, was charged by indictment with eight counts of first degree murder (Ill. Rev. Stat. 1989, ch. 38, par. 9 — 1 (now 720 ILCS 5/9 — 1 (West 1996))), two counts of home invasion (Ill. Rev. Stat. 1989, ch. 38, par. 12 — 11(a) (now 720 ILCS 5/12 — 11(a) (West 1996))), and one count of armed robbery (Ill. Rev. Stat. 1989, ch. 38, par. 18 — 2(a) (now 720 ILCS 5/18 — 2(a) (West 1996))). Following a jury trial, defendant was convicted of two counts of murder, two counts of home invasion, and one count of armed robbery. He was sentenced to natural life in prison without parole for murder and 30 years’ imprisonment each for home invasion and armed robbery. All sentences are to be served concurrently. Defendant now appeals his conviction pursuant to Supreme Court Rule 603 (134 Ill. 2d R. 603).

For the reasons that follow, we affirm.

FACTUAL BACKGROUND

The pertinent facts are as follows. One of the victims in this case, Jeffrey Lassiter, lived at 910 W. Agatite in Chicago. Delone Garner, a manager for Urban Service Realty, maintained the building located at 906-916 W. Agatite in Chicago. On November 16, 1992, at approximately 8:30 p.m., Garner, who lived in the apartment directly above Lassiter, heard loud noises and gunshots coming from downstairs. After a few minutes, Garner called Lassiter’s name, went downstairs, and found that someone had broken into Lassiter’s apartment. Garner went inside Lassiter’s apartment and found Lassiter shot in the head. Garner found that the other victim, a young woman later identified as Sharon Haugabook, was also shot. Garner ran back to his apartment and called the police.

In connection with the victims’ deaths, defendant was later arrested and charged with eight counts of first degree murder, two counts of home invasion, and one count of armed robbery.

A. Pretrial proceedings: Motion to Quash Arrest and Suppress Evidence

Defendant filed a motion to quash arrest and suppress evidence on the basis that the police did not have probable cause to enter his home without an arrest warrant and that his statements to the police and the assistant State’s Attorney were not voluntary. The State first presented Detective Tony Villardita at the motion to quash hearing.

Detective. Villardita testified that, on the date in question, he investigated a double murder at 910 W. Agatite. He recounted that, when he arrived at the apartment, he observed that Lassiter was dead, and he knew that Haugabook had also died upon her arrival at the hospital. Detective Villardita interviewed a witness, Faye McCoy, who was one of the residents of the 906-916 W. Agatite building complex. On November 16, 1992, McCoy heard gunshots and immediately looked out her window. She observed two males coming out of the entrance, and two other males shortly followed. McCoy told Detective Villardita that she recognized one of the males, who went by the name “Goldie.” Subsequently, McCoy viewed the lineup in relation to the homicides, told Detective Villardita that she knew four of the people, and identified defendant, Daniel Taylor, Rodney Matthews, and Paul Phillips. She said she did not know their names, but knew they were from the 910 W. Agatite area. She also told Villardita that she was afraid and would not go to court. She did not tell Detective Villardita that defendant was definitely not one of the four men who came out of the building.

Detective Villardita further testified that on December 2, 1992, he arrived at the police station and learned that Lewis Gardner and Akia Phillips were in custody for another unrelated offense. They claimed to have information about the Lassiter and Haugabook homicides. Gardner stated that he was a member of the Vice Lords gang and that he was informed at a meeting at Clarendon Park that drug money was to be collected from Lassiter. After receiving their instructions, eight gang members went to Lassiter’s apartment. Gardner and three other members were assigned to be the lookouts, while four other members, including defendant, went into Lassiter’s apartment to collect the money. Gardner recalled hearing gunshots, and shortly after, defendant and the others came out and defendant yelled “almighty,” meaning the job was completed. When shown a picture of defendant, Gardner identified him as “C-Deon.” Detective Villardita stated at the hearing that Phillips told a similar story to Detectives Terry O’Connor and Ricardo Abreu.

Next, the State presented Detectives O’Connor and Abreu, who testified that in an interview with Phillips on December 2, 1992, they learned that some members of the gang planned to go to Lassiter’s apartment. Phillips stated that defendant had shot the victims, but the detectives were unsure what Phillips’ role was. Subsequently, Detective O’Connor checked defendant’s police record and found that he was on parole and that his last known address was 1637 S. Springfield in Chicago. When the detectives arrived there at around 11:15 p.m. on December 2, they knocked on the door and defendant’s grandmother answered and informed them who she was. The detectives inquired whether defendant was present, and the grandmother answered “he’s all the way in the back” and gestured over her shoulder toward the back. Detective O’Connor stated that they did not have to be let into another door and he “was under the impression that it was all one residence since grandma walked [them] back to where [defendant] was.” They went to the back of the apartment and found defendant there along with several other people. Subsequently, defendant was arrested and given his Miranda rights.

Detective O’Connor further stated that they arrived at the police station at approximately 11:45 p.m. Defendant was placed in an interview room, his handcuffs were removed, and he was told that he had been arrested because his name was mentioned in connection with the double murders that occurred on W. Agatite. Defendant denied knowing anything about the double murders. Prior to leaving the station at 10 a.m. the next day, Detective O’Connor asked defendant whether he wanted food or wanted to use the washroom, to which defendant responded he did not want either.

At approximately 8:30 p.m., a six-person lineup was conducted. After the lineup, Detective O’Connor had another conversation with defendant. Defendant was read his Miranda rights and told that Phillips, Gardner, and Daniel Taylor had identified him as the shooter. Subsequently, defendant made a statement during which Detective Abreu was also present. Defendant later made the same statement to Assistant State’s Attorney Joe Magats, who proceeded to prepare defendant’s statement. Defendant then reviewed and signed it. On cross-examination, Detective O’Connor stated that he never attempted to get an arrest warrant for defendant. He also stated that defendant was not identified in the lineup.

The defense presented defendant’s cousin, Keona Scott, who was living at 1637 S. Springfield when defendant was arrested. Scott testified that she was living in the first-floor rear apartment with defendant and her son, while her grandmother was living in the first-floor front apartment. Scott explained that there is a separate entrance for the rear apartment with a separate lock.

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

Related

People v. Bass
2019 IL App (1st) 160640 (Appellate Court of Illinois, 2019)
United States Ex Rel. Patrick v. Briley
286 F. Supp. 2d 973 (N.D. Illinois, 2003)
People v. Pitchford
Appellate Court of Illinois, 2000
Canel and Hale, Ltd. v. Tobin
710 N.E.2d 861 (Appellate Court of Illinois, 1999)
People v. Kolzow
Appellate Court of Illinois, 1998
People v. Patrick
697 N.E.2d 1167 (Appellate Court of Illinois, 1998)

Cite This Page — Counsel Stack

Bluebook (online)
697 N.E.2d 1167, 298 Ill. App. 3d 16, 232 Ill. Dec. 237, 1998 Ill. App. LEXIS 456, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-patrick-illappct-1998.