People v. Rhoiney

625 N.E.2d 55, 252 Ill. App. 3d 320, 192 Ill. Dec. 95, 1993 Ill. App. LEXIS 975
CourtAppellate Court of Illinois
DecidedJune 28, 1993
Docket1-89-2891
StatusPublished
Cited by3 cases

This text of 625 N.E.2d 55 (People v. Rhoiney) 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. Rhoiney, 625 N.E.2d 55, 252 Ill. App. 3d 320, 192 Ill. Dec. 95, 1993 Ill. App. LEXIS 975 (Ill. Ct. App. 1993).

Opinion

JUSTICE BUCKLEY

delivered the opinion of the court:

Defendant Eugene Rhoiney and codefendant Angelo Roberts were charged with the first-degree murder of decedent, Stephen Edwards. Defendant was also charged with armed violence, aggravated unlawful restraint and concealment of a homicidal death. Prior to trial, the circuit court granted defendant’s motion for severance, but denied his motions to quash his arrest and to suppress statements. A jury found defendant guilty of first-degree murder, and he was sentenced to natural life in prison without opportunity for parole. Defendant appeals his conviction and sentence. We affirm.

At trial, Officer Galbreth testified that on January 24, 1988, at approximately 9:45 a.m., he responded to a call concerning a body lying in the rear of the Jewel Foods Store at 3552 West Grand. Galbreth stated that it had snowed the previous evening and that the temperature was about 20 to 25 degrees. A Jewel security officer led Galbreth to the area where Jewel kept its trash bins. Galbreth noticed a white male’s body lying facedown. Galbreth testified that there was a portion of a blue and white patterned bed sheet tied around the face of the male as a blindfold. There were also parts of a green, yellow and white striped bed sheet tied around decedent’s neck, hands, knees and thigh area. After discovering the body, Galbreth called his supervisor, a detective from the violent crimes division, the mobile crime laboratory and the medical examiner.

When other police personnel arrived, the blindfold which was on decedent’s head was removed. Galbreth testified that he observed bruises and marks on the decedent’s face. The decedent’s shirt was blood soaked and, when removed, revealed slices in the right side of the decedent’s chest. Galbreth also saw gray duct tape around the decedent’s elbow.

Next, Detective William Wendt testified that he was assigned to investigate decedent’s homicide. Wendt’s testimony regarding the decedent’s body being bound with particular fabric of certain colors corroborates Galbreth’s testimony. After the crime laboratory division informed Wendt of decedent’s identity, he and his partner, Detective Pufpaf, went to decedent’s last known address, 3841 West Adams, knocked on the door and defendant answered. The detectives identified themselves and inquired whether defendant knew decedent. Defendant replied that decedent lived in the basement of the building. The detectives told defendant that decedent was found dead. Defendant invited the detectives into the house.

Wendt testified that he met Janice Pierce and Sharon Sullivan when he entered the house. Pierce, the owner of the house, gave the detectives permission to see the decedent’s room. The detectives went into the basement. There was a daybed directly outside of decedent’s room. The detectives noticed a green, yellow and white striped bed sheet underneath the cover blanket. Wendt testified that it appeared to be of the same material as that found on decedent. The detectives confiscated that sheet, a pillowcase and a fitted sheet with a blue and white pattern. A roll of gray duct tape was also recovered from a tool box that was in a milk crate in decedent’s room.

Defendant, Pierce and Sullivan agreed to go to the police station to be interviewed. Wendt interviewed defendant in the presence of Pufpaf. Defendant stated that he had known decedent for several years and introduced him to Pierce, who rented a room to decedent. Defendant said that a group of people watched the championship Tyson/Holmes fight at Pierce’s house on January 22, 1988. Decedent and his girl friend, Carolyn Lewis, were there. Then, defendant told the detectives that early the following morning, he heard an argument between Lewis and decedent. Lewis accused decedent of using her car while she was asleep and stealing $20 from her. Lewis left Pierce’s home around 6 to 7 a.m., but returned around 8:30 a.m. Upon returning, she told decedent that her video cassette recorder (VCR) was missing from her apartment and accused him of going to her apartment while she slept at Pierce’s home and stealing her VCR. Defendant claimed that he tried to calm Lewis down by telling her that he would attempt to find the VCR and by giving her $20. Lewis calmed down and left.

According to defendant, shortly after Lewis left, the telephone rang. Defendant answered the telephone. Defendant stated that the caller, who sounded like a black male, asked if there was “a white guy living in the building with you?” The caller then explained that “somebody stole my car and I found out its the white guy living in your building.” Defendant stated that he then handed the telephone to decedent. After the telephone conversation, defendant says he inquired about what was happening. Decedent said that someone witnessed a car being stolen and the caller was going to bring a witness over to the house to determine if it was decedent. Next, defendant explained that decedent got into a beige station wagon with two black males. Defendant stated that he never saw decedent again after getting into that car.

Carolyn Lewis testified on behalf of the State. She stated that she had been decedent’s girl friend since November 1987 and that on January 22, 1988, she and decedent went to decedent’s room in Pierce’s house, where she slept until she was awakened by decedent’s voice coming from the bathroom. She heard Ray Robinson telling decedent to steal everything Lewis had. She put on her clothing and noticed that her car keys were not in her coat pocket where she had left them and that $20 was missing from her pants’ pocket. As Robinson came out of the bathroom, she entered it and began arguing with decedent. Pierce came down to the basement and asked her what was happening. She explained and put on her coat to leave. Decedent followed her to the first floor. Defendant was there and asked her why she was upset. She explained.

Defendant ordered decedent to go back down to the basement and Lewis left and confirmed that her car had been moved. Upon arriving at her home, she noticed the VCR was missing. She called Pierce’s house and told defendant that her VCR was gone, then took a shower and returned to Pierce’s house. She told defendant that she wished to speak to decedent. Defendant went to the basement and got decedent. She confronted decedent regarding her missing money and VCR and moving her car. Decedent only responded that he needed the money. Then, defendant walked her to the door. She asked defendant to please keep decedent away from her because she never wanted to see him again. Defendant responded that she would not have to see him again.

The following Tuesday, Pierce telephoned her and told her that decedent was dead. Defendant also called her, wanting to know what she had told the police. She refused to speak to him. Defendant explained that he was upset because the bed sheets which Lewis described to the police matched the sheet that the police found on the decedent. She stated that she would call defendant the following day. The next morning, she picked up defendant in her car. They discussed her conversation with the police.

Roosevelt Dyes testified that he knew Pierce for about two to three years. He also knew defendant and Robinson, who is Dyes’ brother-in-law. On January 23, 1988, Dyes took Robinson to a currency exchange to cash his public aid check. Thereafter, they returned to Pierce’s house.

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Cite This Page — Counsel Stack

Bluebook (online)
625 N.E.2d 55, 252 Ill. App. 3d 320, 192 Ill. Dec. 95, 1993 Ill. App. LEXIS 975, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-rhoiney-illappct-1993.