People v. Reatherford

802 N.E.2d 340, 345 Ill. App. 3d 327, 280 Ill. Dec. 415, 2003 Ill. App. LEXIS 1575
CourtAppellate Court of Illinois
DecidedDecember 29, 2003
Docket4-03-0101
StatusPublished
Cited by33 cases

This text of 802 N.E.2d 340 (People v. Reatherford) 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. Reatherford, 802 N.E.2d 340, 345 Ill. App. 3d 327, 280 Ill. Dec. 415, 2003 Ill. App. LEXIS 1575 (Ill. Ct. App. 2003).

Opinion

JUSTICE TURNER

delivered the opinion of the court:

In January 2001, the State charged defendant, David Reatherford, with one count of unlawful possession of a methamphetamine-manufacturing chemical with the intent to manufacture methamphetamine with a prior unlawful-possession-of-a-controlled-substance-with-intent-to-deliver conviction. In March 2001, defendant filed a motion to suppress evidence and to quash the stop and arrest, which the trial court denied. In October 2002, a jury found defendant guilty. Following the denial of defendant’s posttrial motion, the court sentenced him to eight years in prison.

On appeal, defendant argues (1) the trial court erred in denying his motion to quash the stop and arrest and suppress evidence, (2) the State failed to prove him guilty beyond a reasonable doubt, (3) the trial court erred in allowing certain testimony as to the acts and practices of others involved in methamphetamine manufacturing, and (4) the trial court erred in giving the jury an accountability instruction. We affirm.

I. BACKGROUND

In January 2001, the State charged defendant, along with Douglas K. Dean, by information with one count of unlawful possession of a methamphetamine-manufacturing chemical with the intent to manufacture methamphetamine with a prior unlawful-possession-of-a-controlled-substance-with-intent-to-deliver conviction (720 ILCS 570/ 401(c — 5) (West 2000)), alleging he knowingly and unlawfully possessed a methamphetamine-manufacturing chemical, ephedrine, with the intent to manufacture 15 grams or more but less than 30 grams of a substance containing methamphetamine.

In March 2001, defendant filed a motion to suppress evidence and to quash the stop and arrest. In May 2001, the trial court held a hearing on the motion. Illinois State Police Sergeant Paul Moody testified he made a traffic stop of a blue 1993 Chevrolet pickup at the request of task force officers on January 22, 2001, south of Decatur. Sergeant Moody exited his vehicle and asked the driver, defendant, to see his driver’s license, and defendant complied. Sergeant Moody told defendant that another officer had witnessed defendant change lanes without signaling. He gave defendant a verbal warning and handed his license to Master Sergeant Todd Kilby.

Defendant testified he was leaving Decatur on the afternoon of January 22, 2001. He stated he never left the right-hand lane of the interstate nor did he change lanes. He produced his driver’s license upon request from a state trooper. Defendant stated the officer never gave his driver’s license back or gave him a verbal warning. Thereafter, Trooper Moody “pulled [him] out of the truck” and searched him and the truck without his permission. On cross-examination, defendant testified he was on his way to Pana, where he lived, when the police stopped him. Defendant was accompanied by Douglas Dean as they left Decatur after shopping at Wal-Mart.

The State called Master Sergeant Todd Kilby of the Illinois State Police, who testified he was a supervisor to Task Force X in Decatur. He stated the Task Force received a call from Michael Cottrell, a security officer at a Wal-Mart in Decatur, on January 22, 2001, stating two individuals that were known to him as Douglas Dean and David Reatherford were in the store purchasing Sudafed and Coleman fuel, ingredients used in the manufacture of methamphetamine. Cottrell relayed a description of the individuals’ truck, license plate number, and the direction the truck was heading. Sergeant Kilby testified he observed a blue truck with license plates matching the numbers given by Cottrell heading west on Interstate 72. He then observed the vehicle change lanes without signaling and “weav[e] across the centerline back and forth out of his lane.” Sergeant Kilby then requested a uniform officer in a marked squad car make a traffic stop. After the vehicle was stopped, Sergeant Kilby approached the passenger side and observed two one-gallon cans of Coleman fuel behind the front seat and two lithium batteries sitting on the passenger seat. He then asked the passenger, Douglas Dean, to step out of the truck so he could talk to him. Upon identifying himself as a police officer and initiating questioning, Sergeant Kilby found Dean to be “nervous,” “shaking,” “he was stuttering and just showing that he was nervous talking to [him].” Dean told him the individuals were coming from Pana and were going to Pana. Sergeant Kilby questioned how that could be, and Dean stated he had been at a Menard’s store in Forsyth. Upon questioning defendant, Sergeant Kilby stated defendant told him he was coming from Springfield. Based on his observations and information, including the tip from Cottrell, the items in the truck, and the occupants’ deceptive answers, Sergeant Kilby instructed a police officer to place defendant in custody. Upon searching the vehicle, officers found 1,104 30-milligram pills of pseudoephedrine. The trial court found probable cause for the stop and denied defendant’s motion.

In October 2002, defendant’s jury trial commenced. Mike Cottrell testified he is a loss-prevention officer at a Wal-Mart in Decatur. On January 22, 2001, Cottrell noticed Doug Dean and David Reatherford enter the store. He recognized them from Pana, Illinois, which is where he is from. Cottrell observed Dean in the camping aisle selecting two one-gallon cans of Coleman camping fuel. Cottrell observed defendant in the pharmacy aisle selecting “two or three boxes of cold pills.” Cottrell indicated the Decatur Wal-Mart limits customers to buying three boxes of cold medicine or allergy medication, and the Pana Wal-Mart requires customers to ask for it “behind the pharmacy.” Cottrell then contacted Task Force X. Defendant and Dean proceeded to different checkout lanes and left the store. Cottrell then observed the two individuals get into a blue pickup truck and head north.

William Kroncke of the Illinois State Police took up surveillance of the blue pickup truck shortly after his office received Cottrell’s phone call. After the truck was stopped, Officer Kroncke searched the passenger side and found 46 boxes of pseudoephedrine pills with each box containing 24 30-milligram pills. Other officers recovered eight lithium batteries, cash register receipts, two one-gallon cans of Coleman fuel, a bottle of isopropyl alcohol, two empty boxes of pseudoephedrine tablets, and $245 in cash.

The trial court certified Lieutenant Kilby as an expert in the manufacturing of methamphetamine and procurement of precursors for the manufacturing of methamphetamine. Kilby testified to the two predominant methods of producing methamphetamine, including the Nazi-dope and red-phosphorus methods. He stated the main ingredient common to all 160 methods of production is pseudoephedrine or ephedrine, commonly found in over-the-counter cold or allergy medications.

At the traffic stop of defendant’s truck, Kilby observed cans of Coleman fuel and several lithium batteries. A search of the vehicle revealed the fuel and batteries, along with isopropyl alcohol, pseudo-ephedrine pills, two receipts, and $245 in cash. Kilby testified the isopropyl alcohol is commonly used as a solvent to break down the pills. The lithium batteries are used in conjunction with anhydrous ammonia. The Coleman fuel is used once the lithium and anhydrous ammonia reaction takes place.

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

Related

People v. Walker
2021 IL App (4th) 190073 (Appellate Court of Illinois, 2021)
People v. Haynes
2020 IL App (3d) 180121-U (Appellate Court of Illinois, 2020)
People v. Gilliam
2020 IL App (4th) 180071-U (Appellate Court of Illinois, 2020)
People v. Middleton
2018 IL App (1st) 152040 (Appellate Court of Illinois, 2018)
State v. Mealor
825 S.E.2d 53 (Court of Appeals of South Carolina, 2018)
United States v. Stanbridge
79 F. Supp. 3d 881 (C.D. Illinois, 2015)
People v. Woodrome
2013 IL App (4th) 130142 (Appellate Court of Illinois, 2013)
People v. Canizalez-Cardena
2012 IL App (4th) 110720 (Appellate Court of Illinois, 2012)
People v. Price
962 N.E.2d 1035 (Appellate Court of Illinois, 2011)
People v. McQuown
943 N.E.2d 1242 (Appellate Court of Illinois, 2011)
People v. Outlaw
904 N.E.2d 1208 (Appellate Court of Illinois, 2009)
People v. Owens
874 N.E.2d 116 (Appellate Court of Illinois, 2007)
People v. Wilke
854 N.E.2d 275 (Appellate Court of Illinois, 2006)
People v. Ramsey
839 N.E.2d 1093 (Appellate Court of Illinois, 2005)
People v. Humphrey
836 N.E.2d 210 (Appellate Court of Illinois, 2005)
Lamar Whiteco Outdoor Corp. v. City of West Chicago
823 N.E.2d 610 (Appellate Court of Illinois, 2005)
People v. Raines
Appellate Court of Illinois, 2004
People v. Heather
815 N.E.2d 1 (Appellate Court of Illinois, 2004)
Lucas v. Taylor
812 N.E.2d 72 (Appellate Court of Illinois, 2004)

Cite This Page — Counsel Stack

Bluebook (online)
802 N.E.2d 340, 345 Ill. App. 3d 327, 280 Ill. Dec. 415, 2003 Ill. App. LEXIS 1575, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-reatherford-illappct-2003.