People v. Phillips

541 N.E.2d 1298, 186 Ill. App. 3d 54, 133 Ill. Dec. 860, 1989 Ill. App. LEXIS 1034, 1989 WL 73312
Appellate Court of Illinois·Decided June 30, 1989·No. 1-86-0960·Published·Cited by 7 cases

Opinion

JUSTICE EGAN *

delivered the opinion of the court:

The defendant was indicted with Marvin Stutts and Bryant Stutts for a number of offenses, including aggravated kidnapping, kidnapping, aggravated battery, attempted murder, unlawful use of weapons and aggravated criminal sexual assault. Bryant Stutts pleaded guilty and was sentenced to 13 years’ imprisonment. The defendant and Marvin Stutts were tried by a jury. The charges against Marvin Stutts at the time of trial were aggravated criminal sexual assault, aggravated kidnapping and kidnapping; and the charges against the defendant were aggravated criminal, sexual.assault, attempted murder, aggravated kidnapping, kidnapping, aggravated battery and unlawful use of weapons. Marvin Stutts was found not guilty of aggravated criminal sexual assault and guilty of aggravated kidnapping and kidnapping. The defendant was found not guilty of aggravated criminal sexual assault and attempted murder and was found guilty of aggravated kidnapping, kidnapping, aggravated battery and unlawful use of weapons. He was sentenced to concurrent terms of seven years’ imprisonment for aggravated kidnapping and four years for each of the other offenses. He contends that various errors by the trial court as well as improper argument by the State warrant a new trial. Additionally, he claims that his sentence of seven years for aggravated kidnapping constituted an abuse of discretion. No issue is made of the sufficiency of the evidence to support the verdict against the defendant, who was found guilty under the accountability statute; but, since his principal claim of error is the refusal to give a compulsion instruction, a detailed recitation of the evidence is required.

On Saturday, November 3, 1984, Bryant Stutts (Stutts), a longtime friend of the defendant, went to Partina Purdie’s (Purdie’s) home with a letter and a rose for her. Purdie, who had been Stutts’ girlfriend for about three years, had recently broken off the relationship; and he was seeking a reconciliation.

She testified as follows.

She read the letter, tore it up and threw it in the garbage in front of Stutts. Stutts did not leave when Purdie asked him, and her brother “put him out.” Around 9 to 9:30 p.m. her date, Michael Hay-good, arrived. After Haygood had parked his 1984 Toyota Célica and entered the house, Stutts returned. Purdie spoke to Stutts at the front door and would not allow him to enter the house. The conversation ended with Purdie slamming the door. Stutts observed Haygood’s car parked in front of the house.

Purdie and Haygood left for a movie at River Oaks Theater in Calumet City. After they had seen the movie, they walked to Hay-good’s car. She saw Stutts walking toward them with his arm “kind of like along his leg.” When Stutts got about 10 feet away, he pointed a shotgun at them and ordered them into a car. Haygood ran and ducked behind another car. Stutts grabbed Purdie and “dragged” her to a car from which the defendant got out and opened the back door. Stutts pulled her into the back seat, and the defendant got in the driver’s seat. Purdie was surprised to see the defendant and said, “So you’re in on this, too?”; and he said, “Yeah.” The defendant pulled the car out of the parking lot “fast.”

While the defendant was driving, Stutts began to punch Purdie in the face. The beating was “steady,” and Stutts threatened that he was going to kill her. She was crying and pleaded with Stutts to stop beating her. Stutts struck her in the head with the butt of the shotgun, causing it to discharge. The shot went between Purdie’s arm and body and blew a large hole in the upright portion of the back seat. Stutts shouted, “Bitch, you done shot me.” The defendant asked Stutts if he had been hit, and Stutts answered that he thought so but did not know how bad it was. The defendant continued driving to “some dark place” under a viaduct.

When the car stopped and Stutts opened the door, Purdie grabbed the gun from him and threw it up on a hill. He dragged her up the hill and got the gun. At that time she was not wearing shoes. The defendant had picked up her shoes and purse and put them in the trunk of the car. Stutts told her, “Oh, girl, what me and Bill are going to do to you tonight.”

Stutts told the defendant to take the car, which belonged to Stutts’ mother, and come back in the car owned by the defendant’s mother. At the time the defendant drove off, Purdie was bleeding and kept asking Stutts not to hit her anymore.

After the defendant left, Stutts began asking her questions about Haygood. He told her to take down her pants. When she refused, he pointed the gun at her and indicated with the gun that she was to pull down her pants. He pulled down his pants. At that time the car containing the defendant and Marvin Stutts (Marvin) was coming, and Stutts pulled up his pants. It was the same car that the defendant had driven away in, but this time Marvin was driving and the defendant was on the passenger side. Marvin and the defendant got out of the car, and Stutts put Purdie in the back seat on the floor. Marvin drove off with the defendant on the passenger side and Stutts and Purdie in the back seat. Stutts still had the gun. He made her lie on the floor. Marvin asked what was going on, and Stutts told him, “This bitch was out with another man.” At that time there was still blood on her face. Marvin drove to a liquor store, where he bought some beer. From the time they left the forest preserve to the time they arrived at the liquor store, Stutts was still hitting her in the face. She was crying. All three of the men drank beer, but she refused to drink any. She was wiping the blood from her face on the back seat.

Marvin drove to a motel after Stutts told him to. Stutts gave Marvin his identification and money and told him to get a room and to use a false license plate number. Marvin came back and said there were no rooms. Purdie was crying and bleeding. She could see blood dripping from her head. Marvin drove to a motel on Stony Island Avenue. The men were all laughing because Haygood ran and left her. Marvin went into the second motel with Stutts’ identification and money and returned with the key and gave it to Stutts. Stutts gave the gun to Marvin and the defendant and told them to get rid of it. Marvin got Purdie’s shoes and purse from the trunk and gave them to her. Stutts told Marvin to take the back seat out of the car and to tell their mother that someone had stolen it. It had a big hole in it from the shotgun blast, and blood was everywhere. Marvin and the defendant left in the car.

Stutts made her go into a room, and she sat down on the bed. He told her to take off her clothes. When she refused he pulled her in front of the mirror and told her to look at herself. She could barely see her face because it was covered with blood and her lip was big. He made her shower and told her to get on the bed. She testified that he got on top of her and “raped” her. After he was finished, he called his home and then told her that they had to get out of the motel. He then called his father and asked him to meet them at 79th Street and Stony Island Avenue, because he was in trouble. He made her walk down Stony Island after she dressed. They took a cab to 79th Street and Stony Island, where they met Stutts’ father. Stutts’ father asked her if she wanted him to take her to a hospital.

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People v. Phillips, 541 N.E.2d 1298, 186 Ill. App. 3d 54, 133 Ill. Dec. 860, 1989 Ill. App. LEXIS 1034, 1989 WL 73312 (Ill. Ct. App. 1989).

541 N.E.2d 1298 (People v. Phillips) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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