People v. Reckers

623 N.E.2d 811, 251 Ill. App. 3d 790, 191 Ill. Dec. 221, 1993 Ill. App. LEXIS 1618
CourtAppellate Court of Illinois
DecidedOctober 28, 1993
DocketNo. 4—92—0888
StatusPublished
Cited by7 cases

This text of 623 N.E.2d 811 (People v. Reckers) 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. Reckers, 623 N.E.2d 811, 251 Ill. App. 3d 790, 191 Ill. Dec. 221, 1993 Ill. App. LEXIS 1618 (Ill. Ct. App. 1993).

Opinion

JUSTICE KNECHT

delivered the opinion of the court:

A jury found defendant, Christopher M. Reckers, guilty of the offense of aggravated battery in violation of section 12 — 4(b)(8) of the Criminal Code of 1961 (Ill. Rev. Stat. 1991, ch. 38, par. 12 — 4(b)(8)). The circuit court of Adams County sentenced defendant to four years’ imprisonment in the Department of Corrections. Defendant appeals, alleging first he was not proved guilty under an accountability theory where he believed he was providing a ride to a consensual fistfight, and second, his sentence was excessive and grossly disparate to that of codefendants. We affirm.

Defendant, Charles Guymon, Timothy Mark Cannon, and Terrell Bell were charged by information with the February 27, 1992, battery and aggravated battery of Terry White in a public park and street of Lima, Illinois. In individual plea agreements Guymon pleaded guilty to aggravated battery and received 30 months’ probation, Cannon pleaded guilty to battery and received 12 months’ supervision, and Bell pleaded guilty to a previous juvenile petition and charges in this case were dropped.

Witnesses at defendant’s trial testified defendant drove a group of high-school-age friends from Quincy to Lima in search of another group of high school students from Unity High. When the groups met, it was anticipated there would be a fistfight between one or two designated young men from each of the two groups. At least one of the designated fighters from Quincy, Jamie Clark, rode in defendant’s truck. Testimony' indicated the victim, White, was the designated fighter from Unity, although he denied this.

Defendant’s testimony was presented at trial by the State through the use of a transcript of his testimony given at an earlier hearing on a petition to revoke probation. He testified he had gone to the fight not only as a spectator but also to help provide a show of force to either cause the Unity forces to back down or to ensure a fair fight and see that Quincy’s designated fighters were not surprised, surrounded or outnumbered.

WHien the two sides met, Jamie Clark began hitting White while he was still in his vehicle. Guymon, Bell, and Cannon joined the fray and succeeded in pulling WHiite from the car and beating him up. There was no testimony from any source indicating defendant participated in the brawl. One of the spectators left to call the police, and when it was announced they were on their way, the fighters from Quincy piled back into defendant’s truck and sped away. When stopped by State Police and sheriff’s deputies a short while later, most of the riders had left defendant’s truck and he denied knowledge of any fight.

As defendant had no hands-on involvement in the beating of White, the case was tried on a theory of accountability. The jury was instructed defendant could be found guilty of aggravated battery if he “aids, abets, agrees or attempts to aid” others in the planning or commission of an offense. (Ill. Rev. Stat. 1991, ch. 38, par. 5 — 2(c).) Despite defendant’s argument that at most he was only aiding in the facilitation of a fistfight by driving one of the combatants there while he himself just went to watch, the jury returned a verdict of guilty.

Defendant argues on appeal he cannot be found guilty of aggravated battery beyond a reasonable doubt where a consensual fight was anticipated by those involved. Consent as a defense to battery appears to be a novel idea in Illinois and while some of the evidence in the case might be interpreted as showing the victim consented to engage in a fistfight, defendant did not pursue this theory by a tendered jury instruction or argument. This was not defendant’s theory of the case before the trial court, and we decline to consider whether the victim’s purported consent would be a defense to battery. We note, however, any consent the victim may have given here would presumably have been to a fistfight between equal numbers and not to a pummeling by three of defendant’s friends. Additionally, we are inclined to agree with the commentators and a number of our sister States who found consent not to be a defense to a battery based on injurious touching. See 2 W. LaFave & A. Scott, Substantive Criminal Law ch. 7, §7.15(e), at 311 (1986); Jaske v. State (Ind. 1989), 539 N.E.2d 14; People v. Lucky (1988), 45 Cal. 3d 259, 753 P.2d 1052, 247 Cal. Rptr. 1; State v. Richards (1985), 123 Wis. 2d 1, 365 N.W.2d 7; State v. Hatfield (1984), 218 Neb. 470, 356 N.W.2d 872; Commonwealth v. Burke (1983), 390 Mass. 480, 457 N.E.2d 622; Lyons v. State (Fla. 1983), 437 So. 2d 711; State v. Fransua (1973), 85 N.M. 173, 510 P.2d 106.

Defendant argues he should not be found guilty under the accountability statute (Ill. Rev. Stat. 1991, ch. 38, par. 5 — 2(c)) because the evidence failed to prove beyond a reasonable doubt he intended to facilitate the beating of White in a nonconsensual and unfair fight. The statute incorporates the “common design rule,” which provides whenever two or more people engage in a common criminal design, any acts in furtherance thereof committed by one party are considered to be the acts of all parties to the common design and all parties are accountable for those acts. (People v. Terry (1984), 99 Ill. 2d 508, 460 N.E.2d 746.) While it is true criminal responsibility may not be imposed by the defendant’s mere presence at the scene (People v. Bolar (1992), 229 Ill. App. 3d 560, 593 N.E.2d 156), here defendant was more than a mere spectator.

Defendant was aware of the criminal design, i.e., to go to Lima so Jamie Clark could fight Terry White. He helped facilitate the offense by voluntarily driving Clark and the other attackers to the park in Lima where the fight was to take place. The design involved illegal acts that were dangerous in nature. Defendant was acting as a lookout for Clark and intended to join the fight if necessary. He did nothing to disapprove or oppose the fight, but rather stood by and watched as the three youths beat White and dragged him from a car. He fled when told the police were coming, taking several of the group with him. When stopped by a police officer, he failed to report the fight and instead denied he was involved. He maintained close affiliation with his companions after the offense.

Active participation has never been a requirement for criminal guilt on the theory of accountability. (People v. Ruiz (1982), 94 Ill. 2d 245, 447 N.E.2d 148.) Proof of the common design need not be supported by words of agreement but can be drawn from the circumstances surrounding the commission of an act by a group, and the circumstances may show there is a common design to do an unlawful act to which all assent. (People v. Tate (1976), 63 Ill. 2d 105, 345 N.E.2d 480; People v. Richardson (1965), 32 Ill.

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Cite This Page — Counsel Stack

Bluebook (online)
623 N.E.2d 811, 251 Ill. App. 3d 790, 191 Ill. Dec. 221, 1993 Ill. App. LEXIS 1618, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-reckers-illappct-1993.