People v. Roach

571 N.E.2d 515, 213 Ill. App. 3d 119, 156 Ill. Dec. 731, 1991 Ill. App. LEXIS 695
CourtAppellate Court of Illinois
DecidedApril 30, 1991
Docket3-89-0656
StatusPublished
Cited by24 cases

This text of 571 N.E.2d 515 (People v. Roach) 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. Roach, 571 N.E.2d 515, 213 Ill. App. 3d 119, 156 Ill. Dec. 731, 1991 Ill. App. LEXIS 695 (Ill. Ct. App. 1991).

Opinion

JUSTICE SLATER

delivered the opinion of the court:

The defendant, Willie Roach, appeals his convictions for first degree murder and aggravated battery (Ill. Rev. Stat. 1989, ch. 38, pars. 9—l(a)(2), 12—4(b)(l))- The sole issue on appeal is whether the prosecutor committed reversible error in his closing argument. We reverse.

According to the record, Henry Tyler testified that on May 28, 1987, around 9:45 p.m., he was riding in a car with Leonard Tyler, Greg Harris, and Vorline Moffett. Leonard was driving, and Henry sat in the front passenger seat. As they proceeded down Iowa Street in Joliet, a car attempted to pass them on the right. The car, which Henry described as a cream-colored Oldsmobile 98 with a dark top, struck their car in the right rear and front panels and caused it to stall. Leonard restarted the car and pulled alongside the other car, which had stopped at an intersection. Henry was about four feet from the other car, and the windows of both cars were open.

Henry testified that while the cars were stopped, Leonard asked the driver of the other car, “What the fuck up?” The driver did not respond but simply looked at them three times. He then pulled out a gun and fired several shots at them in rapid succession. Henry ducked down to avoid the shots. When he sat up, he discovered that he had been wounded in the shoulder and Leonard had been shot.

Henry identified the defendant as the man in the other car. Although he did not know the defendant’s name at that time, he had seen him on about six occasions prior to the shooting. In one of those instances, they had briefly spoken while they were in a tavern.

On the evening of the shooting, Henry told the police that he could recognize the shooter. When he was shown a series of photos, he picked out a picture of someone other than the defendant and said it resembled the shooter. A few days later, he examined another photo array. At that time, he identified a photo of the defendant as the shooter.

Vorline Moffett and Greg Harris generally corroborated Tyler’s testimony about the occurrence. However, Moffett testified that although she knew the defendant prior to the shooting, she could not identify him as the shooter. Harris also stated that he could not identify the shooter.

A physician testified that Leonard Tyler died that evening of a gunshot wound in the area of the heart.

Officer Ruben Coronado testified that he spoke to Henry on the night of the shooting. Henry told him that he recognized the gunman as someone he had seen in a tavern and had spoken to a couple of times. Henry described the defendant as being 5 feet 7 inches, but Coronado said the defendant was actually 5 feet 11 inches. Coronado also corroborated Henry’s testimony about his selection of photographs from the photo arrays. Lastly, Coronado said that a check of the Secretary of State’s records revealed that no vehicles matching the witnesses’ description were registered in the defendant’s name.

Timothy Traver, the maintenance man at the defendant’s apartment complex, testified that on May 29, 1987, the defendant asked him if anyone had been looking for him. He told Traver to tell anyone who inquired that he had never owned a car. Traver said that the defendant drove an older, cream-colored Buick or Oldsmobile, but he never saw him drive it after their conversation. Traver acknowledged that he had a previous conviction for rape.

The defendant testified that he did not own a car at the time of the shooting and the last car he owned was a 1982 Granada. On May 28, around 7 or 7:30 p.m., Walter Houston gave him a ride to the Oasis Tavern. The defendant did not leave until sometime between 10:40 and 11:15 p.m. He was driven home by Hank Jenkins, who died of a stroke prior to trial.

The defendant denied taking part in the shooting and said he did not own a gun. He also denied telling Traver to tell anyone that he did not own a car.

Walter Houston testified that around 6:30 or 7 p.m. on the night of the incident, he drove the defendant to the Oasis Tavern. He also stated that in the eight years he had known the defendant, the only car the defendant owned was a white Grenada in 1984.

Paul Dickerson testified that he tended bar at the Oasis on May 28, 1987. The defendant came into the bar between 7 and 8 p.m. and left between 11 and 11:30 p.m. Dickerson admitted that he told the police that he had given the defendant a ride home, although he had not actually done so. He explained that he had been questioned approximately a year after the incident, he had no idea what the police were talking about, and he did not know the defendant was in trouble. He also stated that at the time of the incident, the defendant did not own a car.

Following closing arguments, the jury retired to deliberate around 2:30 p.m. At 10:30 p.m., the jurors informed the court that they could not make a decision. The court responded with a Prim instruction (People v. Prim (1972), 53 Ill. 2d 62, 289 N.E.2d 601). At 2:30 a.m., the jury found the defendant guilty of the murder of Leonard Tyler and the aggravated battery of Henry Tyler.

Following a sentencing hearing, the court imposed concurrent terms of 20 years for murder and five years for aggravated battery.

On appeal, the defendant first contends that during closing arguments the prosecutor improperly stated his personal opinion regarding the witnesses’ credibility. Specifically, he objects to the following remarks:

“We knew that Willie Roach was presumed innocent the day he walked into this courtroom. We knew it the day that the Grand Jury charged this case. We know it now, and we accept that challenge.
* * *
Again, we accepted that challenge and we think that Willie Roach has been proven guilty beyond any reasonable doubt.
* * *
Henry, when he testified, he told you about how he goes to see his mother every night. Well, to me, whether he sees her every night or not, to me it tells you that Henry is a family man, and I just got a feeling that he was sincere. That’s all. Instead of saying to you, ‘What the fuck up,’ he said, ‘What the F up.’ And to me he just looks sincere. Okay? The same goes for Vorline. The same goes for Greg Harris.
Every one of these police officers, I mean, it is their job to investigate a murder, and what they do is they go out every day and they do their job and they — I think they were sincere.
* * *
I’m sure that Mr. Loughran is going to make a big deal about a Felony conviction that Tim Traver had. Well, sure he had a Felony conviction. Does that mean he is a liar? I didn’t get the feeling when he was on the witness stand that he was a liar. You know, maybe you don’t want your daughter going out with him or something, but I just didn’t get the feeling that he was a liar.

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Cite This Page — Counsel Stack

Bluebook (online)
571 N.E.2d 515, 213 Ill. App. 3d 119, 156 Ill. Dec. 731, 1991 Ill. App. LEXIS 695, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-roach-illappct-1991.