People v. Rushton

626 N.E.2d 1378, 254 Ill. App. 3d 156, 193 Ill. Dec. 827, 1993 Ill. App. LEXIS 1799
CourtAppellate Court of Illinois
DecidedDecember 8, 1993
Docket2—92—0852, 2—92—0978 cons.
StatusPublished
Cited by14 cases

This text of 626 N.E.2d 1378 (People v. Rushton) 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. Rushton, 626 N.E.2d 1378, 254 Ill. App. 3d 156, 193 Ill. Dec. 827, 1993 Ill. App. LEXIS 1799 (Ill. Ct. App. 1993).

Opinion

JUSTICE DOYLE

delivered the opinion of the court:

Defendant, Richard Rushton, was convicted of reckless homicide (Ill. Rev. Stat. 1991, ch. 38, par. 9 — 3 (now codified, as amended, at 720 ILCS 5/9 — 3 (West 1992))) following a jury trial in the circuit court of Lake County. Defendant was sentenced, pursuant to section 9 — 3(e) of the Criminal Code of 1961 (Ill. Rev. Stat. 1991, ch. 38, par. 9 — 3(e) (now 720 ILCS 5/9 — 3(e) (West 1992))), under the enhancement provision applicable when a defendant is found to be under the influence of alcohol or drugs at the time of committing the offense of reckless homicide. The trial court imposed a sentence of five years’ imprisonment. Defendant raises the following issues on appeal: (1) whether it was plain error for the trial court to allow testimony from the State’s accident reconstruction expert; (2) whether it was plain error for the trial court to allow testimony and the admission of a hospital report concerning a blood-alcohol test of defendant; (3) whether defendant was denied a fair trial as a result of various comments made by the prosecutor during closing arguments; (4) whether defendant was denied a fair trial as a result of ineffective assistance of counsel; (5) whether it was error for the trial court to sentence defendant under the enhancement provision of section 9 — 3(e) without having instructed the jury that intoxication was an element of the charged offense; and (6) whether the enhancement provision of section 9 — 3(e) is unconstitutional.

The relevant facts are as follows. At or around 11:30 p.m., on October 12, 1991, defendant was operating an Eagle Talon northbound on Kelsey Road. Near the intersection of River Road and Kelsey Road, defendant’s vehicle collided head-on with a southbound BMW driven by decedent. Decedent had been transporting her sister to a hospital in Barrington, and the sister had no memory of the events leading up to the collision. Kelsey Road is a two-lane highway. In the vicinity of the accident, Kelsey Road runs through a rural area and is dark and surrounded by trees. The lanes are separated by double yellow lines, and the posted speed limit is 45 miles per hour. On the night of the accident the weather was warm, dry, and clear.

At trial, the State offered testimony of John Hill, Jr., who stated that he had been traveling northbound on Kelsey Road on October 12, 1991. He testified that he had noticed a car behind him come up within five feet of his rear bumper. Hill testified that the vehicle made two attempts to pass his car but pulled back behind him on both occasions. The car then dropped back a distance from Hill’s vehicle. As he drove on, Hill encountered another vehicle traveling southbound on Kelsey Road. This vehicle did not cross into Hill’s lane of traffic. However, Hill testified that once the vehicle passed he looked in his rearview mirror and saw its brake lights illuminate and the car swerve “just a bit.” Hill stated that at this point he could not see the headlights of the vehicle in back of him. Hill subsequently observed a head-on collision between the two vehicles while looking in his rear-view mirror. Hill estimated that the collision occurred 80 to 120 feet behind his car.

The State presented expert testimony from Roger Barrette, an officer with the Lake County sheriff’s department. Radiator fluid was found at the accident scene running from just west of the center line to under the BMW and onto the east shoulder of the road. Barrette identified this fluid as coming from the BMW’s radiator. Tire scuff marks were found running from near the center line to the left front tire of the BMW. Barrette testified that these marks resulted from heat generated as the BMW’s left front tire was forced into the pavement. Barrette also stated that four gouge marks found in the road west of and near the center line resulted from metal being forced into the pavement. Barrette testified that three of the gouge marks had been made by the BMW while one of the gouge marks had been made by the catalytic converter from defendant’s Eagle Talon. Barrette opined from these observations that defendant’s vehicle had been 57 inches over the center line into the southbound lane at the time of impact. He also determined that neither vehicle had been exceeding the speed limit at the time of impact. Barrett admitted, however, that his analysis could only conclude what had happened in the last 5 to 10 feet before the collision.

Barrette noted that most of the debris from the accident had been found in the northbound lane. He testified that the steering wheel on the BMW was found to be a quarter or a half turn to the left. Barrette stated that the BMW had ended up in the northbound lane after the crash due to some easterly movement by the BMW just before impact, such as would result from a swerve, and this was consistent with the position of its steering wheel. Barrette also determined that the headlights of both vehicles had been on at impact, and the brakes and tires of both vehicles were in good condition.

Richard Gluth, Jr., a paramedic with the Village of Barrington fire department, testified that his ambulance responded to the October 12 accident. Gluth stated that he had been the primary treating paramedic for defendant. Defendant was removed from his vehicle, and Gluth’s ambulance transported him to Good Shepherd Hospital. During transport, defendant was given two intravenous (IV) solutions of lactated ringers to replace his fluids and stabilize his blood pressure. Gluth testified that the I Vs do not contain alcohol. Gluth testified that Michael Wahl, a paramedic with the Village of Wauconda fire department, accompanied the ambulance when it left the scene. Wahl testified that he drove the ambulance with defendant to the hospital.

Dr. Susan Kanehann, an emergency room physician, was on duty when defendant was brought in. She testified that defendant’s case was classified as “Code T,” indicating a trauma patient with serious, potentially life-threatening injuries. Kanehann said that this classification is used to determine whether to call in certain hospital personnel to help with the case. Kanehann testified that defendant went through X rays and a CAT scan after he arrived at the hospital, and she also ordered blood and urine tests. She described how the results of these tests, which include a determination of blood-alcohol concentration (BAG), were used for purposes of diagnosis and treatment. Kanehann stated that the tests were performed, and she received the results of the blood test initially over the telephone and then in the form of a computer printout which she put on defendant’s chart. Kanehann received this written report while defendant was still in the emergency room, and she used these test results for purposes of his diagnosis and treatment. These results included the defendant’s BAG, which she recalled as being 257 milligrams per deciliter (.257). Kanehann also testified that she had detected an odor of alcohol on defendant’s breath, but she admitted that she did not note it in her report.

Kanehann testified that when she receives an emergency room printout, she writes the results onto the patient’s chart, and the printout is subsequently thrown away. The face sheet from defendant’s emergency room patient chart was identified by Kanehann. Kanehann verified that the test results were written, in her handwriting, on the face sheet.

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Cite This Page — Counsel Stack

Bluebook (online)
626 N.E.2d 1378, 254 Ill. App. 3d 156, 193 Ill. Dec. 827, 1993 Ill. App. LEXIS 1799, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-rushton-illappct-1993.