People v. Royark

574 N.E.2d 1211, 215 Ill. App. 3d 255, 158 Ill. Dec. 818, 1991 Ill. App. LEXIS 1077
CourtAppellate Court of Illinois
DecidedJune 20, 1991
Docket3-90-0017
StatusPublished
Cited by15 cases

This text of 574 N.E.2d 1211 (People v. Royark) 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. Royark, 574 N.E.2d 1211, 215 Ill. App. 3d 255, 158 Ill. Dec. 818, 1991 Ill. App. LEXIS 1077 (Ill. Ct. App. 1991).

Opinion

JUSTICE GORMAN

delivered the opinion of the court:

Defendant Tony Lynn Royark pleaded guilty to murder, armed robbery and conspiracy (to commit murder). The prosecution sought the death penalty, and the court found the defendant eligible for the death penalty, but declined to impose it. The defendant was sentenced to natural life for murder and an extended term of 60 years for armed robbery. Defendant moved to withdraw his guilty plea, vacate the judgment and reconsider the sentence. The court denied the post-trial motions except that the sentence for armed robbery was reduced to 30 years.

On appeal, this court vacated the order of the trial court denying the motion for leave to withdraw the guilty plea. This court held that trial counsel had failed to comply with the requirements for guilty pleas as outlined in Supreme Court Rule 604(d) (107 Ill. 2d R. 604(d)). We remanded for rehearing on that motion or any amended motion to withdraw the guilty plea.

On remand, the defendant filed an amended motion to withdraw his guilty plea. The trial court denied the motion. The defendant appeals. We affirm.

In the early morning hours of November 23, 1986, Kim Wayne Jackson was beaten to death in an unoccupied rural farmhouse he owned. On January 7, 1987, the victim’s estranged wife, Janet Jackson, was charged with soliciting the murder. Additionally, Jackson, 16-year-old Michael Miller, and Tony Royark were charged with three courts of murder (Ill. Rev. Stat. 1989, ch. 38, pars. 9 — 1(a)(1), (a)(2), (a)(3), conspiracy (murder) (Ill. Rev. Stat. 1989, ch. 38, par. 8 — 2(a)), and armed robbery (Ill. Rev. Stat. 1989, ch. 38, par. 18 — 2(a)). Miller pleaded guilty to conspiracy and attempted murder and agreed to testify for the State. On May 18, 1987, the defendant pleaded guilty to all charges. At the hearing on that date, the trial court admonished the defendant of the rights he waived by entering the guilty plea, advised him of the range of possible sentences, and was assured by the defendant that his guilty plea was not induced by promises or threats made by the State, his attorney, or anyone else. The State recited the evidence it would present at trial, and the defendant tendered his plea. The court determined there was a factual basis for the plea and found the defendant guilty of all charges. The phases of the death penalty hearing were explained, and Royark stated that he waived his right to a jury for the death penalty hearing.

The case against Jackson proceeded to jury trial. The evidence presented at the trial is more fully described in People v. Jackson (1989), 180 Ill. App. 3d 78, 535 N.E.2d 1086. For purposes of this appeal, a summary of the proceedings will suffice and is presented below.

The evidence at that trial tended to establish that Royark and Miller waited for Jackson to lure the victim to the Jacksons’ rural farm on November 23, 1986, and, as part of a prearranged plan, beat him to death and took his wallet. Royark and Miller also took Janet’s purse and hit her with a board to substantiate her claim that she and her estranged husband were attacked by an unknown intruder. The evidence at the trial also established that the threesome had been planning the victim’s death for months and had made previous unsuccessful attempts to end his life. Royark and Miller had an ongoing sexual relationship, as did Miller and Jackson, and it appears that the three intended to live together as soon as it was practicable.

Kim Jackson had recently procured a $100,000 insurance policy which named his daughter and wife as beneficiaries. The testimony at trial suggested that obtaining the insurance proceeds was another one of the codefendants’ motives for the murder. Additionally, Royark had been charged with arson in Iowa because he tampered with the gas pipes beneath the trailer in which the victim resided after he moved out of the marital residence. The victim was a witness to the crime, and some of the testimony at the murder trial indicated he was killed, in part, to prevent him from testifying against Royark.

While Janet Jackson testified that she did not conspire to murder her estranged husband or know that Royark and Miller would be waiting at the unoccupied farmhouse to murder him, other testimony suggested that she actively directed and participated in the activities in this murder plot and the previous unsuccessful ones. The jury found Jackson guilty of solicitation, conspiracy, murder, and armed robbery.

On June 10, 1987, Royark, Jackson, their attorneys, and counsel for the State signed a stipulation governing procedures to be employed in the defendants’ death penalty hearing. As to Royark, the stipulation provided that the court would consider the evidence adduced at Jackson’s trial in its determination of whether he was eligible for the death penalty (Ill. Rev. Stat. 1989, ch. 38, par. 9 — 1(b)) and in its determination of whether the penalty should be imposed (Ill. Rev. Stat. 1989, ch. 38, par. 9 — 1(c)). The stipulation further provided that all parties would be permitted to introduce additional evidence during the penalty phase of the hearing, but evidence offered against Jackson at the hearing would not be considered against Royark.

The trial court determined that Jackson was eligible for the death penalty and then considered Royark’s eligibility. The State called Michael Miller, who testified that he met Royark in 1984. Miller said they were initially friends and co-workers, but they began a sexual relationship approximately three months after they met. Miller stated he had sex with men Royark introduced him to, and the men gave him money, some of which he gave to Royark. Upon cross-examination concerning his testimony at trial, Miller indicated that although the plans to murder the victim had been discussed for several months, they did not become serious until after Royark was arrested for arson. Miller testified that Jackson told Royark to take the victim’s wallet.

Next, evidence was introduced on Royark’s behalf. Several character witnesses testified to Royark’s good character and the high quality of work he performed.

Eugene VanDriel, the Iowa attorney Royark retained to represent him on the arson charges filed after he tampered with the trailer’s gas lines, also testified. He stated that on November 21, 1986, two days before the murder, Royark entered into a plea agreement under which a charge of arson would be dismissed and, in exchange, Royark would plead guilty to a lesser offense. The State was to recommend supervised probation in a residential facility. The attorney testified that the agreement was never finalized and that the case remained pending. Concurrence of the court was a condition of the plea. Royark was not scheduled to enter his guilty plea in court until the first week of December, which was, of course, after the events of November 23 herein.

Royark took the stand in his own behalf. He testified that as a child, his home life was unstable and that two of his older brothers sexually abused him for several years. He stated he dropped out of school after seventh grade, but obtained a General Educational Development degree.

Royark testified about meeting Miller, who was a male prostitute.

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Bluebook (online)
574 N.E.2d 1211, 215 Ill. App. 3d 255, 158 Ill. Dec. 818, 1991 Ill. App. LEXIS 1077, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-royark-illappct-1991.