People v. Prince

840 N.E.2d 1240, 362 Ill. App. 3d 762, 298 Ill. Dec. 805, 2005 Ill. App. LEXIS 1203
CourtAppellate Court of Illinois
DecidedDecember 8, 2005
Docket1-02-2706 Rel
StatusPublished
Cited by20 cases

This text of 840 N.E.2d 1240 (People v. Prince) 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. Prince, 840 N.E.2d 1240, 362 Ill. App. 3d 762, 298 Ill. Dec. 805, 2005 Ill. App. LEXIS 1203 (Ill. Ct. App. 2005).

Opinion

PRESIDING JUSTICE CAMPBELL

delivered the opinion of the court:

Following a jury trial in the circuit court of Cook County, defendant Darcell Prince was found guilty of first degree murder, armed robbery and false personation of a police officer. The trial court sentenced defendant to 50 years in prison for murder, 25 years in prison for armed robbery and 5 years in prison for false personation of a police officer, with the sentences to be served concurrently. Codefendant Leo Foster had a simultaneous dual jury trial; his case is before this court in a separate appeal. Defendant appeals, arguing that the trial court erred in: (1) denying defendant’s motion to suppress a lineup identification; (2) refusing to remove his jury for certain cross-examination conducted by codefendant’s counsel; (3) admitting testimony regarding a statement defendant made to Ohio police; (4) admitting hearsay; (5) refusing to give one of defendant’s proffered jury instructions; (6) admitting victim impact testimony; and (7) imposing an excessive sentence. For the following reasons, we affirm.

The record discloses the following facts. Shawanna Fields testified that in October 1999, she was engaged to and living with Huey Rich on the corner of 80th Street and Crandon in Chicago. Fields’ four-year-old son also lived there. Fields was employed as a dental assistant; Rich worked part-time as a hair stylist while studying for his license.

On October 18, 1999, shortly after 5:20 p.m., Rich, Fields and her son ran some errands, including stopping to look at a house, then picked up a pizza and drove home. As they neared their apartment, Rich and Fields saw Andre Williams on the 7900 block of South Crandon. Rich told Fields he wanted to ask Williams a question. Rich grabbed a bag of beer and walked toward Williams, while Fields and her son took the pizza and walked toward their building. Fields saw two men in the general direction of Rich and Williams.

While standing in the vestibule of the building, Fields heard Rich scream something, then saw him running and heard a gunshot as he ran past the door. Fields opened the door to the building and saw the two men chasing Rich. She lost sight of them, then heard another gunshot. Fields ran upstairs with her son and called 911. The police arrived approximately five minutes later. Fields went downstairs, where she learned Rich had been shot and taken to Christ Hospital.

Fields described the two men to the police as follows: (1) African-American, about 6 feet 2 inches, light or medium skin complexion, wearing beige boots; and (2) African-American, about 5 feet 9 inches, with dark complexion wearing a white skullcap. Field later identified codefendant Foster from a photo array, but testified that she saw one man better than the other.

Williams testified that he met up with Rich at approximately 8:15 p.m. Williams described the two men that approached him and Rich as a tall African-American with light complexion, wearing a white skullcap, black jacket and white pants and a shorter African-American with a medium complexion, wearing a black skullcap and black clothes. When they approached, they stood about one foot from Rich. Williams identified the defendant and codefendant in court as the two men.

Williams testified that defendant and codefendant announced themselves as police, with codefendant flashing a gold police badge. Williams believed the two were undercover officers. Defendant held a gun on Williams, while codefendant had Rich on the back of a car. Rich told codefendant he had not seen the badge. After codefendant showed Rich the badge, the two men scuffled. Codefendant produced a bluesteel revolver. Rich knocked codefendant to the ground and began to flee the scene. Defendant produced a silver gun and began shooting at Rich. The two men then began chasing Rich. Williams lost sight of them as they rounded a corner but heard five or six gunshots in total.

Williams ran to his relatives’ house on Crandon and asked them to call the police. Williams then ran up the street, finding Rich in a puddle of blood next to his building. Williams went to get medical help, but the police and an ambulance arrived at the scene before he returned.

Later that evening, Williams spoke with police and helped Detective Laughran in preparing a composite sketch of defendant. On October 20, Williams testified that he first identified codefendant from a photo array. In another session the same day, Williams picked a picture of defendant from a photo array but told police he would have to see him in person to be 100% sure. On October 23, Williams identified codefendant in a lineup at Area 2 police headquarters. In December 1999, Williams identified defendant in a lineup at Area 2 police headquarters. Williams testified that when he saw defendant, Williams tried to break through the glass separating them and had to be restrained by the police.

Patrick O’Brien, who knew Rich from the neighborhood, testified that he heard a “firecracker sound,” then saw Rich being chased by a taller man wearing a white skullcap and a shorter man wearing black clothes, who was shooting a gun as he ran. O’Brien dialed 911. When O’Brien returned to the scene, he saw the men dragging Rich by the armpits and trying but failing to enter a building from 80th Street. The taller man then ran to a large, dark Chevrolet parked near 2252 E. 80th Street, got into the car and drove it to where the other man was standing. The other man got into the passenger side of the car, which sped away.

Robert Lilly testified that he was in his home at 7958 S. Oglesby when he heard gunfire. Looking out his back door, he saw an African-American man running past Lilly’s car and another person moving side to side several times near his car. Lilly dialed 911, then returned to his back door. Lilly saw an African-American man wearing light-colored pants, a dark jacket and a white skullcap run up onto the sidewalk across the street with a firearm in his hand. Lilly saw the man raise his arm and point the gun in an easterly direction. Lilly then heard another gunshot, at which point Lilly backed away from the door for a few minutes.

Sharon Hill testified that in October 1999, she lived with codefendant in a two-level house; codefendant’s cousin, Versie McKinney lived upstairs. Hill knew defendant through codefendant. At approximately 7 p.m. on October 18, Hill allowed codefendant to borrow her Ford Crown Victoria. Hill testified that defendant and codefendant appeared at the apartment at approximately 9:30 p.m. According to Hill, defendant was wearing a white sweatsuit and cap. Hill testified that there was blood on defendant’s shirt, which he wiped off with a towel. Hill also noticed blood on codefendant’s boots. Someone later asked Hill to wash the boots, which she did. Later, Hill saw defendant pull money out of his pocket and hand it to codefendant, who then handed it to Hill. There was blood on the money, which codefendant asked her to wash. Hill washed the bills and set them to dry; afterward, defendant and codefendant split the money and left the apartment together. Later that night, codefendant returned while she was watching a television news story on the Rich shooting. Codefendant told Hill not to drive the Crown Victoria and she did not drive it thereafter.

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Cite This Page — Counsel Stack

Bluebook (online)
840 N.E.2d 1240, 362 Ill. App. 3d 762, 298 Ill. Dec. 805, 2005 Ill. App. LEXIS 1203, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-prince-illappct-2005.