People v. Presley

595 N.E.2d 606, 230 Ill. App. 3d 77, 172 Ill. Dec. 245, 1992 Ill. App. LEXIS 963
Appellate Court of Illinois·Decided June 18, 1992·No. 4-91-0643·Published·Cited by 6 cases

Opinions

JUSTICE LUND

delivered the opinion of the court:

Defendant Johnny Ray Presley was charged by amended information in the circuit court of Adams County with four counts of first degree murder (Ill. Rev. Stat. 1989, ch. 38, pars. 9 — 1(a)(1), (a)(2), (aX3)) and one count of attempt (robbery) (Ill. Rev. Stat. 1989, ch. 38, pars. 18 — 1(a), 8 — 4(a)). After a jury trial, he was convicted on three counts of first degree murder and acquitted of attempt (robbery). He was sentenced to an extended term of 75 years’ imprisonment. He now appeals, claiming error in (1) the trial court’s refusal of his involuntary manslaughter and second degree murder (see Ill. Rev. Stat. 1989, ch. 38, pars. 9 — 3, 9 — 2) jury instructions, (2) the admission of testimony concerning certain statements made by his nontestifying codefendant, and (3) the trial court’s holding “in abeyance” judgments on two of the first degree murder counts.

The defendant, who lived in Dubuque, Iowa, testified he was visiting his mother in Quincy on the weekend of April 13, 1991. He and William Friday were charged with causing the death of Earl Bundy, Sr., on April 14, 1991, following a beating which took place at the home of Carla Williams, defendant’s cousin.

Testimony at the trial was that defendant, Williams, and Bundy, together with Tony Black and Cindy Gredell, were at various bars in Quincy on the evening of April 13, 1991. All were drinking heavily. Gredell testified that she and Williams were drinking shots, mixed drinks, and beer. The men were drinking beer. She testified that everyone was intoxicated, especially Williams.

Defendant testified that he drank between 15 and 22 eight-ounce glasses of beer before the group went to Williams’ house about 3:30 a.m. on April 14, 1991. Bundy was buying most of the drinks. Defendant testified that he had about $35 that night. Black testified that neither he nor defendant had any money. At some point that evening, the group was joined by Friday. Before they went to Williams’ house, Bundy bought a case of beer at the bar to take with them. They all got into Bundy’s car and drove to Williams’ house. When they arrived there, they were talking and drinking the beer Bundy had purchased. Black testified that while he was in the kitchen, defendant talked to him about taking Bundy’s money. He said defendant told him that Williams was going to try to get the money, and defendant did not specifically ask him to help rob Bundy.

Connie Manus, the 13-year-old babysitter who was staying that night with Williams’ three small children, testified that when the group came into the house, Bundy sat on the couch in the living room with Williams, showing her some pictures. About 15 minutes later, Bundy and Williams went into Williams’ bedroom, where Williams kept her pictures. Manus could see them sitting on the corner of the bed. There is a doorway between the living room and the bedroom, but there is no door on it.

Cindy Gredell testified that while she was in the kitchen she heard Williams call for her. She went into the bedroom. The lights were off, and the only source of light was from the living room and the television. Gredell observed Williams lying on her stomach on the bed and Bundy lying on top of her. They both had their clothes on. Bundy appeared to be trying to get into Williams’ pants and shirt. Gredell told Bundy to get off Williams, but he shoved her away. Williams told her to get defendant. Gredell and Williams both called for him. According to Gredell, defendant and Friday came into the room and defendant told Bundy to get off Williams or he would “beat his ass.” Bundy replied, “No, she’s not going to make a fool out of me.” Defendant again told Bundy “for the last time” to get off or he would beat Bundy’s “ass.” Gredell testified that Bundy rolled part way off Williams and held himself up on the bed with his arms. Defendant then hit Bundy in the face with his fist, causing Bundy’s head to snap back and hit the headboard. Defendant then lifted Bundy off the bed, hit him in the face again, and said, “If you want to fuck, I’ll fuck you up your ass.” According to Gredell, defendant made this statement twice. Friday said, “We might as well get that money he’s been bragging about all night.” Friday then took a wallet out of Bundy’s back pocket.

Gredell testified that defendant continued to hit Bundy and shoved him into another adjacent bedroom. Defendant was bent over Bundy, hitting him. Friday also went into the other bedroom, and Gredell stood in the doorway telling defendant and Friday to stop hitting Bundy. Bundy was screaming for help. She testified that defendant and Friday were calling each other different names and that they called her. by another name. When she replied that this was not her name, they said, “Shut up you stupid bitch and get out of here.” She could see Friday kicking at Bundy, but it was dark and she could not see whether his foot hit Bundy. Once again, she told defendant and Friday to stop because they were frightening the children, who were in the adjacent bedroom. They told her to get out of there. At this point, Williams was passed out drunk in her bedroom. Gredell testified that at no time did she see Bundy hit defendant or Friday, or even attempt to do so in any way.

Gredell further testified that she left the bedroom and, when she returned a short time later, Bundy was covered with a blanket. Defendant and Friday were still hitting him. Gredell estimated that 15 to 30 minutes had elapsed from the time defendant and Friday first went into Williams’ bedroom and the time Gredell went back in and saw the blanket over Bundy’s head. Defendant told Friday to get a gun, and Friday pretended he had a gun. Friday put his hands to the back of Bundy’s neck while the blanket was draped over his head. Friday told Bundy to tell him where the money was or Friday would kill Bundy. Bundy replied, “If you’re going to kill me, you fuckin’ do it now.”

Gredell testified that defendant and Friday asked Bundy for his car keys, and they then asked Gredell to get rid of the car. She later left in the car, but came back with it and returned the keys to Friday, saying she did not want to be involved. At that point, defendant was sitting on top of Bundy. She accused defendant and Friday of killing Bundy. Friday denied this, nudging Bundy’s leg until he moved and mumbled something. Friday told defendant that Gredell had not gotten rid of the car. Either defendant or Friday said this was all right, since they would need the car anyway. When she went into Williams’ bedroom later, Gredell saw blood on the floor and a yellow mop or broom handle.

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People v. Presley, 595 N.E.2d 606, 230 Ill. App. 3d 77, 172 Ill. Dec. 245, 1992 Ill. App. LEXIS 963 (Ill. Ct. App. 1992).

595 N.E.2d 606 (People v. Presley) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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