People v. Sipp

883 N.E.2d 1133, 378 Ill. App. 3d 157, 318 Ill. Dec. 539, 2008 Ill. App. LEXIS 60
Appellate Court of Illinois·Decided February 4, 2008·No. 1-06-2667·Published·Cited by 18 cases

Opinion

JUSTICE ROBERT E. GORDON

delivered the opinion of the court:

Following a jury trial in the circuit court of Cook County, defendant James Sipp was convicted of the first-degree murder of Demetrick Wright and sentenced to 45 years in the Illinois Department of Corrections. Defendant’s posttrial motion for a new trial was denied. On appeal, defendant argues that the trial court erred by (1) denying defendant’s requests for an involuntary manslaughter instruction and (2) for a second-degree murder instruction, (3) denying defendant’s Batson motion, (4) refusing to permit defendant’s sister to testify at trial, and (5) sustaining certain objections made by the State with no articulated basis for those objections. We affirm.

BACKGROUND

On June 8, 2003, defendant’s seven-year-old daughter, Jacinta Sipp, was riding her bicycle in the vicinity of defendant’s home, located on North Monticello Avenue in Chicago. Defendant sat on the porch of his home while his daughter rode her bicycle. Defendant testified that as he observed his daughter, an acquaintance from the neighborhood, known only to defendant as K.Y., approached and advised him that the victim had noticed Jacinta riding her bicycle and stated, “[Sjornething bad might happen to her.”

Defendant testified that he interpreted the victim’s statement to be a threat to the safety of his daughter. Defendant knew the victim because defendant’s sister, Keana, had dated him several years earlier. Defendant testified that he took the victim’s threat seriously because the victim had beaten his sister during that relationship. One beating led to Keana’s hospitalization. Defendant also stated that the victim was a known drug dealer, and he believed the victim carried a firearm and was dangerous.

Soon thereafter, defendant drove his daughter to Tennessee, taking her out of school to do so. Defendant immediately drove back to Chicago and then departed on a job for a moving company. A couple of days later, defendant returned to Chicago to work a shift at his second job at a local hardware store.

Defendant testified that he customarily carried a firearm in his car for protection. He testified that his work as a mover frequently took him out of town and he was usually paid in cash. The firearm was a semiautomatic 9-millimeter, with a 17-round magazine that was full on June 12, 2003.

Defendant left his home between 10 and 11 p.m. on June 12, 2003. Upon driving away from his residence, defendant observed the victim and several others near a local liquor store. Angelica Barber, Gary Young, John Powell, and Renardo Gray were among those in the company of the victim. Defendant testified that upon seeing the victim he formulated a plan to “send some warning shots to let them know that [he] was willing to protect [his] family.” He testified that he was going to fire warning shots to demonstrate that he and his family were not going to move or be scared out of the neighborhood by the victim or his friends.

Defendant then drove into the parking lot of the liquor store, exited his vehicle and unsuccessfully attempted to locate the victim. He then returned to his automobile and drove around the block into an alley, located behind the liquor store, west of North Monticello. Defendant parked his vehicle in the alley, exited, took a few steps east toward Monticello, and visually located the victim. According to defendant’s testimony, the victim was to the east of the alley, facing north, with his left side to defendant. Defendant was to the west of the victim.

Defendant fired four shots in the general direction of the victim and the others in defendant’s company. Angelica Barber was shot in the arm, and the victim was shot in the back. The victim died from the gunshot wound. The coroner’s findings were stipulated to at trial. The coroner found that a single bullet entered the right side of the victim’s back and exited his torso through the left side of his chest more than two inches higher than where it entered. The coroner found that “[t]here [was] no evidence of close range fire.” The coroner also found that the victim’s blood alcohol level was more than .10 at the time of the shooting.

Defendant testified as follows on direct examination:

“Q. And do you aim at anyone when you fire these four shots.
A. No.
Q. Where do you fire the four shots from?
A. I fired the shots — As I’m firing the shots I’m moving away. I don’t even raise my gun. I fire the shots from the side of my body.
Q. And do you aim anywhere in particular when you shoot or—
A. Off to the right of the crowd.
Q. And why do you aim off to the right of the crowd?
A. Just because I just wanted to scare them.”
On cross-examination, defendant testified as follows:
“Q. You pointed a gun in his general direction and you pulled the trigger not once, not twice, not three times, but four times, correct?
A. That is correct.”
On redirect, defendant testified as follows:
“Q. When you fired that gun were you pointing at that group?
A. No.
Q. Wdiere were you pointing in relation to where those four people were standing?
A. Off to the right.
Q. Why did you point off to the right?
A. Because I just wanted to scare 'em.
Q. Were you trying to hit anyone?
A. No.
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Q. Did you see what any of them were doing as you were shooting?
A. No.”

Defendant thereafter ran and reentered his automobile before driving off. He testified that he did not observe the victim fall or whether anyone in the group had been shot. Forensic investigator Carl Brasic found two fired 9-millimeter cartridge cases in the street. One cartridge was approximately seven feet north of the victim and the other was next to the victim’s leg.

After the shooting, defendant sold the firearm to “some guy” for $90 because he “didn’t want anything to do with this gun anymore.” Defendant also testified that he abandoned the automobile he used that night at Fullerton and Lockwood, because he also wanted nothing further to do with it.

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People v. Sipp, 883 N.E.2d 1133, 378 Ill. App. 3d 157, 318 Ill. Dec. 539, 2008 Ill. App. LEXIS 60 (Ill. Ct. App. 2008).

883 N.E.2d 1133 (People v. Sipp) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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