People v. Sevier

598 N.E.2d 968, 230 Ill. App. 3d 1071, 174 Ill. Dec. 336, 1992 Ill. App. LEXIS 1016
CourtAppellate Court of Illinois
DecidedJune 26, 1992
Docket1-86-3109
StatusPublished
Cited by11 cases

This text of 598 N.E.2d 968 (People v. Sevier) 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. Sevier, 598 N.E.2d 968, 230 Ill. App. 3d 1071, 174 Ill. Dec. 336, 1992 Ill. App. LEXIS 1016 (Ill. Ct. App. 1992).

Opinion

JUSTICE McNAMARA

delivered the opinion of the court:

This appeal arises from three consolidated cases. Following a joint jury trial, defendants Edward Sevier and Sylterrell Brown were each found guilty of murder and attempted armed robbery. Sevier was sentenced to concurrent terms of 30 years’ imprisonment for murder and 15 years for attempted armed robbery. Brown was sentenced to concurrent terms of 35 years for murder, 25 years for attempted armed robbery, and 15 years for armed violence. (Codefendant Keith Bond was convicted of murder and attempted armed robbery in the same joint jury trial; however, we address the issues raised in Bond’s appeal in a separate opinion filed on this date, People v. Bond (1992), 230 Ill. App. 3d 1086.)

On appeal, defendants contend that the following matters constitute reversible error: (1) the admission of codefendant Bond’s unredacted statements through the testimony of the State’s witnesses denied defendants their sixth amendment right to confront witnesses against them; (2) the court erred in denying defendants’ motions for mistrial and severance based upon the confrontation clause and prejudice resulting from the antagonistic defense advanced by Bond; (3) the court should have granted defendants’ motions to quash arrest and suppress evidence; (4) absence of probable cause to arrest defendants; (5) the court erred in denying Brown’s motion to suppress statements; (6) the State exercised its peremptory challenges in a racially discriminatory manner; (7) Sevier’s convictions for murder and attempted armed robbery are inconsistent with the jury’s verdict of not guilty on the offense of armed violence; (8) whether Brown’s conviction for armed violence must be vacated because it constitutes an impermissible double enhancement of the underlying offense of attempted armed robbery; (9) defendants were not proved guilty of attempted armed robbery; and (10) the sentences imposed were excessive.

In the early morning hours of December 24, 1984, William Young, age 56, received a gunshot wound to his head at 71st Street and Ridgeland Avenue in Chicago. A small, single-shot pistol was found underneath the deceased’s body. The deceased died as a result of the injuries sustained from the gunshot wound on January 3,1985.

On that morning, Ronald Boston was operating a newsstand at the comer. At 6 a.m., Boston sold a newspaper to a man who began walking westbound on 71st Street. Moments later, two men approached the newsstand and bought a newspaper. The men then continued walking west on 71st in the same direction that the first man had walked. Approximately 10 to 15 seconds later Boston heard the report of two gunshots. Boston left the newsstand and saw a man lying in the street whom he recognized as the man to whom he had just sold a newspaper. Boston did not see who fired the shots. Boston viewed a lineup in February 1985, but was unable to identify any of the defendants. Boston stated that he saw only two men approach the newsstand and that he did not see a third man on the street.

MOTION TO QUASH ARREST AND SUPPRESS EVIDENCE

The defendants filed pretrial motions to quash arrest and suppress evidence. Sevier, age 17 at the time of the offense, testified that on February 18, 1985, he was living with his mother, stepfather, and two brothers. That evening the police knocked at his apartment door. Sevier attempted to open the door; however, the police kicked it open. Sevier’s mother was directly behind him. Two police officers, together with Adolph Powell, entered the apartment and asked his name. After Sevier responded, Powell said “that’s him.” The detectives indicated that they wanted to take him to the police station to question him about a robbery. Sevier stated that he did not want to go to the police station and that they could question him at home. The police told Sevier to get dressed, handcuffed him, and took him to the police station. The police did not indicate to Sevier whether they had a warrant for his arrest, nor did they produce a search warrant. Sevier stated that neither his mother nor brother opened the door to allow the police inside the apartment.

Brown, age 16 at the time of the murder, testified that on the morning of February 19, 1985, he was lying in bed in the home he shared with his mother and stepfather. According to Brown, the police “busted through my room, grabbed me up out of the bed and told me I was under arrest.” The police asked Brown to get dressed and handcuffed him. Brown was then taken to the police station.

Chicago police officer A1 Grefsheim testified on behalf of the State that on February 18, 1985, at approximately 9:55 p.m., he proceeded to Sevier’s apartment accompanied by another detective and Powell. Powell had been picked up by the police earlier that evening because he fit the description of one of the suspects sought in connection with this murder. Grefsheim brought Powell for the purpose of identifying an individual whom he referred to as “Pookie.” According to Powell, Pookie had told him that he, together with Bond and Brown, approached the deceased after he bought a paper at the newsstand. After the deceased made a movement toward his waist, one of them shot him.

Upon arriving at Sevier’s apartment, Grefsheim observed two men and a woman outside the door. After he knocked on the door, the individuals asked Grefsheim what he wanted, to which he replied that he was looking for Edward Sevier. The man knocked on the door and entered the apartment. A woman, later identified as Pookie’s mother, came to the door. She indicated that Pookie was home and invited the detectives into the apartment. When the detectives entered the apartment, they did not have their guns drawn. Powell identified Sevier as the person he knew as Pookie. Grefsheim told Sevier to get dressed and took him to the police station for questioning in the robbery-murder investigation.

Under cross-examination, Grefsheim stated that he did not attempt to obtain a search warrant or an arrest warrant for Sevier. Grefsheim did not kick open the door or handcuff Sevier. Neither Sevier nor his mother objected to accompanying Grefsheim to the police station.

Officer Brian Regan corroborated Grefsheim’s account of the events and stated that they never kicked or forced open the door to either Sevier’s or Brown’s apartment. During cross-examination, Regan stated that they did not try to obtain an arrest warrant for Brown because they were in the course of conducting their investigation.

Sevier’s stepfather, Reginald Collier, testified that he did not give the police officers permission to enter his apartment and arrest Sevier, nor did he extend permission for them to conduct a search of the apartment. Collier specifically asked the officers whether they had a warrant, but the officers replied that they did not need one. Under cross-examination, Collier stated that neither he nor Sevier’s mother answered the door, and that he did not know whether Sevier’s brother opened the door for the police.

Gayle Matthews, Sevier’s mother, testified that on the evening of Sevier’s arrest, she was at home with Collier. Shortly before 10 p.m., she looked up and saw two plainclothes police detectives enter the apartment. The police asked Sevier his name and then directed him to get dressed. After Sevier finished dressing, the police handcuffed him.

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Cite This Page — Counsel Stack

Bluebook (online)
598 N.E.2d 968, 230 Ill. App. 3d 1071, 174 Ill. Dec. 336, 1992 Ill. App. LEXIS 1016, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-sevier-illappct-1992.