People v. Sanders

522 N.E.2d 715, 168 Ill. App. 3d 295, 119 Ill. Dec. 53, 1988 Ill. App. LEXIS 368
CourtAppellate Court of Illinois
DecidedMarch 22, 1988
Docket86-2339
StatusPublished
Cited by19 cases

This text of 522 N.E.2d 715 (People v. Sanders) 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. Sanders, 522 N.E.2d 715, 168 Ill. App. 3d 295, 119 Ill. Dec. 53, 1988 Ill. App. LEXIS 368 (Ill. Ct. App. 1988).

Opinion

JUSTICE STAMOS

delivered the opinion of the court:

Defendant appeals from his conviction and sentence after a jury trial on one count of murder (Ill. Rev. Stat., 1983 Supp., ch. 38, par. 9 — 1), two counts of attempt to commit murder (Ill. Rev. Stat. 1983, ch. 38, par. 8 — 4), and two counts of armed robbery (Ill. Rev. Stat. 1983, ch. 38, par. 18 — 2). During the crimes, which occurred in the apartment of the manager of the store at which defendant worked, the manager was killed and two of his visiting friends were injured. Defendant and a codefendant were tried by separate juries in a joint trial, and defendant was found not guilty on a third count of armed robbery. Defendant was sentenced to serve consecutive prison terms of 40 years for murder and 30 years for each attempted-murder count.

His codefendant was also convicted of murder, attempted murder, and armed robbery and was sentenced to death; the codefendant’s appeal was filed on February 8, 1988, in the Illinois Supreme Court as People v. Johnson, No. 66545.

Defendant’s trial theory was that he was forced by the codefendant and an unapprehended third man into participating in the crimes.

The issues on appeal are:

(1) Whether the State’s evidence and closing argument improperly dwelt on the murder victim’s survivors.

(2) Whether the State’s closing argument misstated the law of accountability and compulsion, thus denying defendant a fair trial.

(3) Whether the trial court improperly instructed the jury on accountability.

(4) Whether the trial court improperly denied defendant’s proposed instructions on lesser included offenses of involuntary manslaughter, aggravated battery, and battery.

(5) Whether the trial court improperly failed to direct a verdict of acquittal on one attempted-murder count for want of adequate proof of intent to kill.

(6) Whether the State disproved beyond a reasonable doubt defendant’s affirmative defense of compulsion.

(7) Whether alleged misconduct by the State and alleged errors by the trial court cumulatively denied defendant a fair trial.

(8) Whether the trial court abused its discretion in sentencing defendant to consecutive prison terms totaling 100 years.

Facts

On the evening of January 20, 1985, defendant and two companions, Andrew Johnson and a man whom defendant later named at trial as Mike Hill (but both of whom were introduced at the time under other names), visited the apartment of William Feuling (Feuling), who managed the store where defendant was employed. There they found Feuling and two of his friends, Arthur Kozak and Brian Walkowiak, who were watching television and not expecting visitors. After some conversation, drinking, and sharing of marijuana, defendant’s two companions produced guns and announced a robbery. Kozak testified that during the conversation, defendant and Feuling had discussed the discharge of defendant’s sister from her job at the store.

While Johnson and Hill brandished their guns, defendant tied the victims up, gagged them, and removed money from their persons at Johnson’s direction. After Feuling said he had no more money or guns in the apartment, Johnson hit him with the gun, repeatedly stabbed him with a kitchen knife, and slit his neck while defendant and Hill watched. Johnson then told defendant and Hill that they now all had to kill one, whereupon defendant took the knife from Johnson, first stabbing at Kozak’s stomach and then cutting him on the head. Defendant also hit Kozak in his head with a hammer, at which time the hammerhead flew off. As Johnson urged defendant to “pop” Kozak, Walkowiak suddenly charged at the assailants and then ran from the room. Defendant then struck Walkowiak with a fireplace tool, and all three assailants ran from the apartment behind Walkowiak. During this time, Johnson shot Walkowiak in the shoulder, but Walkowiak escaped, and the assailants fled the scene. Though bound and wounded, Kozak then managed to telephone the police.

At trial, defendant presented evidence that he had visited the apartment at Feuling’s invitation and that as of then he did not know that his sister had been fired. Defendant testified that Hill had previously shot and wounded him and later had shot through his coat, as well as having participated in beating him on yet another occasion. According to defendant, he encountered Hill and Johnson while waiting to board a bus to Feuling’s apartment, and they followed him onto two buses and rode with him all the way to the apartment after asking him whether Feuling would mind if they came over.

Defendant testified that he tied up the victims out of fear for his own life. Defendant said that Johnson and Hill verbally abused him during this time, although State witnesses denied this. Defendant said that when Feuling was stabbed, he yelled for defendant to help him, and defendant picked up the gun that Johnson had laid down and tried to fire it but succeeded only in causing it to discharge at the floor. After this, he said, he falsely told Johnson the gun had fired by accident. Defendant said that he then responded to Johnson’s order to kill Kozak by poking Kozak lightly in the stomach with the knife and that he still feared for his life. Defendant denied that he was trying to kill Kozak and said he was only pretending. Defendant said he then responded to a command to cut Kozak’s throat by picking up a hammer and hitting him lightly with it. Defendant said the hammerhead came off because the hammer was weak. In response to a further order by Johnson and in fear for his life, defendant said, he then gently applied the knife to Kozak’s neck. Defendant testified that when he approached Walkowiak at Johnson’s order to kill Walkowiak with the knife, Walkowiak jumped up and began yelling, whereupon defendant followed an order to kill Walkowiak by hitting him with the fireplace tool on the arm.

Defendant said he ran from the apartment with the others, tried to telephone the police and flag down a squad car, and finally reported the events by telephone to Feuling’s brother and then in person to some police officers in a restaurant. Upon returning to the apartment with police, he was arrested after Kozak accused him of being one of the assailants. Johnson was arrested later; the third assailant was not apprehended.

Opinion

I. References to Surviving Family

Defendant’s first contention as to inflammatory and prejudicial conduct by the State is that in testimony and argument, over defendant’s objections, the State improperly dwelt on Feuling’s survivors. The State replies that testimony referring to the survivors was incidental to other relevant evidence and was not inflammatory, that the prosecution’s closing argument was properly based on the evidence or was invited reply to improper defense argument, that defendant largely failed to raise pertinent objections at trial, and that two of three objections made by codefendant Johnson to such testimony were sustained in the jury’s presence.

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Cite This Page — Counsel Stack

Bluebook (online)
522 N.E.2d 715, 168 Ill. App. 3d 295, 119 Ill. Dec. 53, 1988 Ill. App. LEXIS 368, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-sanders-illappct-1988.