People v. Reed

919 N.E.2d 1106, 396 Ill. App. 3d 636, 336 Ill. Dec. 181, 2009 Ill. App. LEXIS 1265
CourtAppellate Court of Illinois
DecidedDecember 15, 2009
Docket4-08-0056 Rel
StatusPublished
Cited by18 cases

This text of 919 N.E.2d 1106 (People v. Reed) 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. Reed, 919 N.E.2d 1106, 396 Ill. App. 3d 636, 336 Ill. Dec. 181, 2009 Ill. App. LEXIS 1265 (Ill. Ct. App. 2009).

Opinion

JUSTICE TURNER

delivered the opinion of the court:

In January 2006, the State charged defendant, Christopher J. Reed, with three counts of first degree murder (720 ILCS 5/9 — 1(a)(1), (a)(2) (West 2004)) for the death of Tywon Renier. After a September 2006 trial, a jury found defendant guilty of first degree murder and answered a special interrogatory, indicating the State had not proved beyond a reasonable doubt defendant had personally discharged a firearm that proximately caused Renier’s death. Defendant filed several posttrial motions, all of which the trial court denied. At an August 2007 sentencing hearing, the court sentenced defendant to 50 years’ imprisonment. Defendant filed a motion to reconsider and reduce his sentence, which the court also denied.

Defendant appeals, asserting (1) the jury’s negative answer to the special interrogatory was fatal to its guilty verdict and (2) the State failed to prove defendant’s guilt beyond a reasonable doubt. We affirm.

I. BACKGROUND

In the early hours of August 8, 2005, Renier was shot to death near Bass Place, a club and tavern in Decatur, Illinois. In January 2006, the State charged defendant by information with three counts of first degree murder. The charges specifically alleged defendant used a handgun to shoot Renier without lawful justification and with (1) the intent to kill Renier or (2) the knowledge said act would cause Renier’s death or (3) the knowledge that such act created a strong probability of death or great bodily harm to Renier, thereby causing Renier’s death.

In September 2006, the trial court held a jury trial on the charges. The following is the evidence relevant to the issues on appeal. Micah Morgan testified he and several of his friends, including Renier, went to Decatur in two vehicles during the Decatur Celebration. Morgan drove his car, a silver Cadillac with Lamborghini-style doors, and Renier’s brother, Adrian Thomas, drove a black Aurora with spinners. When they got to Decatur, they drove by the celebration, which was ending, and then went to a drive-thru liquor store. After the liquor store, they went to someone’s house for about an hour before heading to Bass Place. Morgan parked his car on the “back street” and stood around outside.

About an hour and a half later, Morgan observed an altercation start to erupt. He witnessed Donte Hendrix punch someone through an open car window. The individual jumped out of the car, and the crowd chased and jumped on the individual. After the individual got away, Genaro “Leo” Hendrix, Donte’s brother, grabbed Donte and started “cussing him out.” Renier then hit Leo. Leo responded by hitting Renier three times before the pair was separated. Morgan backed up Renier and told him to leave. When Morgan turned back around, he observed defendant, whom he had never seen before, and Leo whispering. He denied defendant came up and said, “get out of my car.” Morgan testified some other individual had said, “get off my car.” Morgan then tried to help Donte explain to Leo it was a mistake. Renier was standing three to five feet behind Morgan.

Next, Morgan observed defendant come from behind a van and start shooting. Morgan identified defendant in court as the shooter. Morgan stated he heard at least seven shots -fired in rapid succession and was struck by the shell casings. He heard windows breaking and the car being hit. Morgan did not know Renier had been hit until he fell to the ground. When defendant was done shooting, Morgan saw defendant drop the gun and then pick it up again. Defendant then fled the scene. Morgan denied seeing defendant with a second gun. After defendant had run away, Morgan heard Thomas yelling for help with his brother and “more gunshots going back toward[ ] the street, not toward the main street, toward[ ] the back street.” Morgan helped get Renier in the black Aurora. The Aurora and another car that belonged to the group, a Pontiac, sustained damage during the shooting.

Morgan testified he did not talk to the police that night because he had a “mistrustful relationship” with them. He also did not talk to the police when he was arrested three weeks after the incident on unrelated charges. He explained it was “just the world we live by out there.” In January 2006, Morgan gave a statement to Detective Frank Hubbard. Morgan indicated he had decided to talk because he was upset with defendant. Morgan had shared a cell with defendant in the Macon County jail for less than 24 hours. Only a few words were exchanged about the incident, but defendant had asked Morgan to write a statement indicating defendant was not at Bass Place at the time of the incident. Morgan further testified the “Squad” and “Young Money” were Springfield gangs that fight amongst each other. Morgan denied he and the victim were members of Young Money. Morgan also stated the victim had a tattoo of the word “squad,” which the victim and several friends had gotten after a friend’s death.

Morgan acknowledged he had a misdemeanor conviction for cannabis possession and four pending cases in Sangamon County. He further testified he had been charged in Macon County with attempt (murder), aggravated discharge, and unlawful use of a firearm. As to the latter charges, Morgan had been released on a recognizance bond and filed a speedy-trial demand. He denied his release on the recognizance bond was subject to him giving a statement to police. The State later dismissed the charges when it could not locate witnesses.

Detective Hubbard testified that, during his January 1996 interview of Morgan, Morgan stated defendant came up pushing individuals and saying, “get out of my car.” Morgan also stated that, after defendant dropped the first gun, he lifted up his shirt and retrieved a second gun. Additionally, Detective Hubbard testified several items recovered from the scene were sent to the crime lab for analysis and none of the items identified defendant.

Joseph Vigneri testified he was Morgan’s attorney in the case where Morgan was charged in an alleged shooting incident. Vigneri talked with Detective Hubbard and reached an agreement where Morgan would provide the police with a videotaped statement regarding defendant’s involvement in the Bass Place incident and the State’s Attorney’s office would not object to Morgan being released on a recognizance bond. Vigneri discussed the agreement with Morgan at the jail. Vigneri also told Morgan that giving a truthful statement may help in the ultimate disposition of his case but Vigneri “couldn’t be sure.”

Jovawn Hendrix testified he is the brother of Leo and Donte and has the nickname “Spoony.” Jovawn did not know Renier or Morgan but did know Jesse Bates. On the night in question, he was at Bass Place with Leo and Jarius Spence and was in and out of the club. He admitted having one drink of hard liquor, which affected him a “little bit.” He along with Leo observed Donte and Renier “fighting some other guys from Springfield.” Leo separated Donte from the fight by grabbing him around his neck. Renier then “spent” Leo around like he was going to hit him, and Jovawn jumped in the middle and pushed Renier. Cory Vincent then jumped in the middle of them. Renier inquired if Donte was okay, and Donte explained Leo and Jovawn were his older brothers.

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Cite This Page — Counsel Stack

Bluebook (online)
919 N.E.2d 1106, 396 Ill. App. 3d 636, 336 Ill. Dec. 181, 2009 Ill. App. LEXIS 1265, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-reed-illappct-2009.