People v. Primm

745 N.E.2d 13, 319 Ill. App. 3d 411, 253 Ill. Dec. 239, 2000 Ill. App. LEXIS 1014
CourtAppellate Court of Illinois
DecidedDecember 29, 2000
Docket1 — 97—3685
StatusPublished
Cited by51 cases

This text of 745 N.E.2d 13 (People v. Primm) 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. Primm, 745 N.E.2d 13, 319 Ill. App. 3d 411, 253 Ill. Dec. 239, 2000 Ill. App. LEXIS 1014 (Ill. Ct. App. 2000).

Opinions

JUSTICE BUCKLEY

delivered the opinion of the court:

In November 1994, the State charged defendant DeCarlo Primm and codefendants Demetrius Willis, Miles Smith and Korey Herring with first degree murder (720 ILCS 5/9 — 1(a)(1), (a)(2) (West 1994)), attempted first degree murder (720 ILCS 5/8 — 4 (West 1994)), and aggravated battery with a firearm (720 ILCS 5/12 — 4.2(a) (West 1994)). Defendant and Willis were then tried simultaneously in the trial court, Willis in a bench trial and defendant by a jury. At the conclusion of the trial, defendant and Willis were found guilty of first degree murder, attempted first degree murder, and aggravated battery with a firearm. Both defendant and Willis were sentenced to 50 years’ imprisonment. Defendant now appeals, contending that (1) his statements made to investigators were involuntary and coerced; (2) the State improperly excused a potential juror based upon her race and failed to offer legitimate race-neutral reasons for another potential juror’s dismissal; and (3) the trial court improperly considered his race during sentencing. The State cross-appeals, arguing that the trial court erred by failing to impose consecutive sentencing. We affirm in part, reverse in part, and remand.

I. BACKGROUND

Peter Jones testified that on October 21, 1994, at about 9 a.m., he, Andre Humphries, and Brian Boler (all members of the Gangster Disciples street gang), were walking along 70th Street in Chicago when they noticed a car coming toward them. They saw the front-seat passenger “throw up” a Gangster Disciples gang sign. Jones identified this person as defendant. Jones and Boler also made the Gangster Disciples sign. Jones stated that when he turned around to look at the car, he saw defendant point a gun and start shooting. He and Humphries began running and turned into an alley.

After turning into the alley, Jones testified that he hid behind a van parked in the middle of the alley and remained there until he heard one of his friends yelling that someone had been shot. At this point, he saw Humphries lying on the ground in the alley.

Boler testified that, as soon as he saw the gun, he ran out ahead of his friends down 70th Street towards Eggleston Way. After the first three shots were fired, Boler was hit in the back of his left thigh. However, he continued running and turned north on Eggleston toward 69th Street.

Chicago police officer Jeffries testified that he was on duty the morning of October 21, 1994. At about 9:45 a.m., he received a call that a man had been shot at 409 West 70th Street. When Officer Jeffries arrived at the scene, about 10 to 15 people had gathered at the location. He discovered Humphries’ dead body lying in an alley and called for an ambulance and assistance.

While Officer Jeffries was still at the scene, Boler approached him and said that he had also been shot. He explained that a car with four or five men drove by and one of the occupants pointed a gun out the window and started firing. Boler then went to the hospital.

At about 10:30 a.m. on October 21, 1994, Detective Linn Rolston and his partner, Detective Thomas Byron, were assigned to the case. Detective Rolston testified that he and Detective Byron proceeded to the scene of the shooting and talked with a few people. During their investigation, they learned of a witness named Luther Kymes. Detectives Rolston and Byron then interviewed Kymes. Based on the information Kymes gave them, the detectives began looking for a man named Korey Herring. The assistant principal at Robeson High School said that Herring was a student at the school and gave his address to the detectives.

Detectives Rolston and Byron went to Herring’s residence at 70th and Lowe. They interviewed Herring’s mother. While they learned that Herring was not there, they received Herring’s father’s telephone number. The detectives eventually located Herring at his father’s house at 7111 South Vernon. Herring and his father followed the detectives to Area One headquarters at 51st and Wentworth.

The next day, October 22, 1994, Herring accompanied Detectives Rolston, Ryan and Lenihan and gang specialist Jack Bleuer, while they searched for other offenders and evidence near the scene of the crime. Herring informed the detectives that defendant, Smith, and Willis were involved in the shooting the day before. Then, at about 1 p.m. on October 22, the detectives found defendant and Willis sitting in Willis’ car at 69th and Parnell. Herring identified them. The detectives then apprehended defendant and Willis and took them to Area One.

Investigators separated defendant and Willis when they arrived at the station at 1:45 p.m. Ryan testified that the investigators placed defendant in a room at Area One, advised him of his rights, and then left to continue the investigation. Ryan returned around 4 p.m. and brought defendant food from McDonald’s. At this point, Ryan learned that defendant was 16 years old and, therefore, he attempted unsuccessfully to get a youth officer to participate in the interview. Ryan again advised defendant of his rights, adding that, if charged, he could be prosecuted as an adult. Ryan further testified that he attempted to contact defendant’s mother several times but was unable to do so. Defendant denied being present at the scene of the offense.

At approximately 5 p.m., youth officer Funches spoke with defendant. According to Funches, defendant indicated that he understood why he was taken to Area One. Funches was present during the remainder of defendant’s interviews.

At approximately 7:45 p.m. on October 22, 1994, the police conducted a lineup. Jones viewed the lineup and identified defendant as the shooter. Although Willis was not identified, Jones did identify Willis’ car as the one used in the shooting.

At approximately 9:30 p.m., Assistant State’s Attorney Maria Kuriakos met with defendant. Youth officer Funches and Detective Ryan were also present. Kuriakos advised defendant of his Miranda and juvenile rights, and defendant indicated that he understood. Kuriakos testified that, before she asked defendant any questions, defendant admitted his involvement in the shooting. This interview lasted about two minutes.

At 11:30 p.m., Assistant State’s Attorney Tom Biesty interviewed defendant. Again, youth officer Funches and Detective Ryan were also present. Biesty again advised defendant of his Miranda and juvenile rights, and defendant indicated that he understood. Biesty explained that Funches was there to answer defendant’s questions about his rights. Biesty testified that he asked defendant how he was being treated, to which defendant replied “fine.” Defendant then agreed to memorialize his statement through a court reporter.

In defendant’s statement, he indicated that he understood his Miranda and juvenile rights and that he was treated fine by the police. He admitted attending a Black Disciples’ gang meeting the night before the shooting.. After this meeting, defendant and codefendants agreed to kill Gangster Disciples. The next day, defendant and other gang members met at 9 a.m. at the train tracks near 69th and Parnell and distributed guns to each other.

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

Related

People v. Carter-Tucker
2026 IL App (5th) 240586-U (Appellate Court of Illinois, 2026)
People v. Johnson
2023 IL App (1st) 221359-U (Appellate Court of Illinois, 2023)
People v. Dent
2021 IL App (1st) 171839-U (Appellate Court of Illinois, 2021)
People v. Peltz
2019 IL App (2d) 170465 (Appellate Court of Illinois, 2019)
People v. Walker
2012 IL App (1st) 83655 (Appellate Court of Illinois, 2012)
People v. Chirchirillo
913 N.E.2d 635 (Appellate Court of Illinois, 2009)
People v. Witherspoon
883 N.E.2d 725 (Appellate Court of Illinois, 2008)
People v. Bobo
874 N.E.2d 297 (Appellate Court of Illinois, 2007)
People v. Jones
Appellate Court of Illinois, 2007
People v. Kathy K.
867 N.E.2d 81 (Appellate Court of Illinois, 2007)
In re Stephen K.
Appellate Court of Illinois, 2007
People v. Westmorland
866 N.E.2d 608 (Appellate Court of Illinois, 2007)
Washington Mutual Bank, FA v. Boyd
861 N.E.2d 1041 (Appellate Court of Illinois, 2006)
People v. Jackson
828 N.E.2d 1222 (Appellate Court of Illinois, 2005)
People v. Crawford
Appellate Court of Illinois, 2003
People v. Williams
781 N.E.2d 574 (Appellate Court of Illinois, 2002)
People v. Martinez
781 N.E.2d 588 (Appellate Court of Illinois, 2002)
People v. Austin
767 N.E.2d 433 (Appellate Court of Illinois, 2002)
People v. Lee
759 N.E.2d 930 (Appellate Court of Illinois, 2001)

Cite This Page — Counsel Stack

Bluebook (online)
745 N.E.2d 13, 319 Ill. App. 3d 411, 253 Ill. Dec. 239, 2000 Ill. App. LEXIS 1014, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-primm-illappct-2000.