People v. P.W.

897 N.E.2d 733, 231 Ill. 2d 241, 325 Ill. Dec. 194, 2008 Ill. LEXIS 1420
CourtIllinois Supreme Court
DecidedOctober 17, 2008
Docket105849 & 105952 cons. Rel
StatusPublished
Cited by45 cases

This text of 897 N.E.2d 733 (People v. P.W.) is published on Counsel Stack Legal Research, covering Illinois Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
People v. P.W., 897 N.E.2d 733, 231 Ill. 2d 241, 325 Ill. Dec. 194, 2008 Ill. LEXIS 1420 (Ill. 2008).

Opinion

JUSTICE KARMEIER

delivered the judgment of the court, with opinion.

Chief Justice Fitzgerald and Justices Freeman, Thomas, Kilbride, Garman, and Burke concurred in the judgment and opinion.

OPINION

On March 28, 2006, the State filed separate petitions, which were consolidated for hearing, asking that A.W., Jr., and A.W. be adjudicated neglected minors. The parents of the children are A.W., Sr. (father), and PW. (mother). The petitions alleged that the minors’ environment was injurious to their welfare, and paragraph A of the petitions listed eight incidents of erratic and/or violent conduct on the part of father as the basis for this allegation. The circuit court of Peoria County adjudicated the children neglected minors and later entered a dispositional order declaring them wards of the court and awarding guardianship to the Department of Children and Family Services (DCFS) with right to place. The dispositional order found mother “fit” and father “unfit” but stated that the children could not be returned to mother because she was still residing with father.

Father and mother filed separate appeals. The appellate court in mother’s appeal held that the trial court’s finding of neglect was against the manifest weight of the evidence and it, therefore, reversed the adjudicatory order and vacated the dispositional order. No. 3 — 06— 0830 (2007) (unpublished order under Supreme Court Rule 23). The appellate court in father’s appeal took judicial notice of its decision in mother’s appeal and reversed the judgment of the circuit court. No. 3 — 06— 0859 (2007) (unpublished summary order under Supreme Court Rule 23(c)). We granted the State’s petition for leave to appeal in both cases and consolidated them for our review. 210 Ill. 2d R. 315. For the reasons that follow, the judgments of the appellate court are reversed and the judgment of the circuit court is affirmed.

BACKGROUND

The circuit court conducted the adjudicatory hearing on September 8 and 29 of 2006. A.W, Jr., was 13 years old and A.W. was 8 years old at the time. All of the incidents in the record took place in the City of Peoria. The State presented 10 witnesses, including 5 city police officers. Father and mother were each asked in open court by their respective counsel if they wished to testify, and each declined.

Police officer Fred Ball, who was retired at the time of the hearing, testified that he was called to the home of father and mother on May 30, 1995. When he arrived he spoke to mother, who had a minor laceration on her hand and several contusions on her face, legs and arms. She said that father had gone to her place of employment and told her that she was needed at home because her brother had been injured. After they got home, father took her into the back bedroom and began beating her and accusing her of being with another man. Mother told the officer that father had broken a large picture containing glass over her head, hit her with his fist, and struck her hand with a knife, causing the laceration. A.W, Jr., who was 15 months old at the time, was on the bed. The officer found broken glass all over the bed, but father and the baby were not there when he arrived. Mother said father took the baby and left. She ran to a neighbor’s house and called the police.

The State introduced a copy of the medical report from the hospital that treated mother on the night father assaulted her. Mother told the hospital staff that father had struck her in the head and face with his fist, kicked her multiple times, hit her in the head with a glass picture frame which broke, struck her in the head once with a brass table leg, and threatened to kill her with a knife, although he did not stab her.

Jittaun Woods, father’s half-sister, testified that over the past year and a half prior to May 9, 2005, father started displaying a lot of anger and seemed confused at times. She said that he was having financial difficulties, that the family would help each other out financially whenever necessary, and that she and some family members had helped father financially. She testified that his recent behavior was uncharacteristic and that previously he had been a loving and supportive brother.

On May 9, 2005, father was acting irrationally and was swearing at his brother over the telephone. When Jittaun learned of this, she called ERS to go to father’s house to ensure that everyone in father’s house was safe. (The record does not contain any information about ERS.) Later that evening she and her husband went to father’s house because of her concern about his behavior. Father was on the porch and his children A.W, Jr., and A.W. were standing in the doorway. Father said to Jittaun that he was very angry that she had called ERS earlier that day and he punched her in the forehead. Jittaun was dazed, and she went to the emergency room, after the police were called. Father admitted to the responding police officer, Earl Jackson, that he had punched Jittaun. Officer Jackson testified he could not recall seeing any children around. Father was arrested and spent several days in jail. When he was released from jail, he apologized to Jittaun and said he was under a lot of stress.

Father’s brother Jeremy testified that he received two telephone calls and a voice mail from father on May 10, 2005, while Jeremy was in a meeting at work. In the voice message father said that Jeremy needed to act more like his brother, that he did not appreciate the way Jeremy was treating him, and that he was going to beat him up if Jeremy did not lend him the money he had promised. Jeremy testified that he felt he was in danger and that as siblings they fought but in their adult life he had never threatened him in any way.

Police officer Chad McCollum testified that on January 11, 2006, he pulled over a vehicle driven by father because he was not wearing his seat belt. While the officer was placing his police vehicle in park, father left his vehicle and began walking toward the officer in an aggressive manner with his hands outstretched. Father said, “I knew you were going to stop me. Just take me to jail.” The officer told father to get back into his car, but father continued forward. The officer repeated the instruction two more times before he arrested and handcuffed father for obstructing police. Father was loud and argumentative, and he stated he was wearing his seat belt. The officer asked him his name and father said he knew his rights and he did not have to talk to him. Father then told the officer that he “was a crooked cop” who “was being played by the system.” Father continued to be upset until he was placed in the transport wagon.

David Obergfeld, the principal of Von Steuben Middle School, testified that A.W., Jr., attended the school between December 12, 2005, and March 8, 2006. On February 13, 2006, the acting assistant principal was going to A.W., Jr.’s home room and observed A.W., Jr., standing by the pencil sharpener with a pencil at his penis making gyrations behind the teacher who had her back to him. The acting assistant principal took A.W, Jr., to the office. A.W, Jr., admitted what he had done and said he was trying to impress some other boys in the classroom. The principal gave A.W., Jr., a three-day suspension for showing disrespect to a teacher.

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Cite This Page — Counsel Stack

Bluebook (online)
897 N.E.2d 733, 231 Ill. 2d 241, 325 Ill. Dec. 194, 2008 Ill. LEXIS 1420, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-pw-ill-2008.