People v. Siverly

551 N.E.2d 1040, 194 Ill. App. 3d 981, 141 Ill. Dec. 697, 1990 Ill. App. LEXIS 251
CourtAppellate Court of Illinois
DecidedMarch 2, 1990
Docket2-87-1016
StatusPublished
Cited by11 cases

This text of 551 N.E.2d 1040 (People v. Siverly) 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. Siverly, 551 N.E.2d 1040, 194 Ill. App. 3d 981, 141 Ill. Dec. 697, 1990 Ill. App. LEXIS 251 (Ill. Ct. App. 1990).

Opinion

PRESIDING JUSTICE UNVERZAGT

delivered the opinion of the court:

The defendant, Bradford Siverly, was found guilty by a jury in the circuit court of Winnebago County of the offenses of murder and attempted murder. (Ill. Rev. Stat. 1985, ch. 38, pars. 9 — 1(a)(1), 8 — 4.) He was sentenced to consecutive 28- and 12-year terms of imprisonment, respectively, for these convictions.

The defendant charges three errors deprived him of a fair trial. First, the trial court erroneously excluded important testimony offered as nonhearsay state-of-mind evidence. Second, his guilt of the lesser included offense of voluntary manslaughter was improperly conceded by his trial counsel. Third, the burden-of-proof jury instructions for murder and manslaughter were incorrect and amounted to grave, reversible error. We affirm.

The charges against the defendant arose out of the February 12, 1987, fatal stabbing of Lonnie Jenkins, Jr., who was approximately 55 years of age, and the stabbing injury to 15-year-old Douglas Thompson. The decedent, Lonnie Jenkins, was confined to a wheelchair on the date of his death as a result of a progressive muscle disorder. Jenkins was also a seller of marijuana.

Daniel Sreenan, who was then living at Jenkins’ house in Rockford, testified for the prosecution that the defendant came to Jenkins’ house twice on the morning of the incident. The first time, at about 10 a.m., the defendant had a friendly, 10-minute conversation with Jenkins and then left to get his wallet. The defendant apparently was purchasing some marijuana from Jenkins, but, when Sreenan brought out the drug at Jenkins’ bidding, the defendant discovered that he did not have his wallet.

The defendant returned to the house about one-half hour later, passing by Sreenan, who was then washing a car in the driveway. Shortly after the defendant reentered the house, Douglas Thompson and his 18-year-old brother, Danny, arrived, and Sreenan sent Douglas into the house to obtain a chamois. Moments later, a scream and thumping noises were heard coming from the house. Rushing inside, Sreenan found Jenkins injured on the bathroom floor and was told by the defendant that Jenkins and Douglas Thompson had gotten “into a scuffle.” Sreenan then heard Douglas Thompson say, “The son-of-a-bitch stabbed me.”

According to Douglas Thompson’s testimony, he was unexpectedly stabbed in the back of the neck while he was looking for the chamois in a metal closet on the porch of the house. The defendant then covered Thompson’s mouth with his hand and dragged him into a bedroom. Thompson testified the defendant was bent over him in position to stab him again and that he said to the defendant, “Please don’t kill me.” At that point, Sreenan and Danny Thompson came into the house, and the defendant jumped up and hid the knife when he heard them. Danny Thompson scuffled with the defendant, trying to prevent him from leaving the house, but Sreenan, who did not yet realize what had happened, told Danny to let the defendant go. The defendant ran out of the house to his car, which was parked two or three blocks away from Jenkins’ house. The defendant testified that he parked that far away because Jenkins felt the police were watching the traffic at his house.

According to the record, when defendant neared his grandmother’s house, where he was living with his children, the police were already there, so he went to a friend’s house, where the friend advised him to call the police. The defendant called his grandmother instead, and he spoke with a police officer who was there. The defendant agreed to go to his grandmother’s house, where the police would be waiting for him. On the way there, he was spotted in his car and was arrested.

The defendant subsequently gave the police two written statements which were read at trial. In his first statement, the defendant claimed he was attacked by a young white male in Jenkins’ house— presumably Douglas Thompson — and that he took the knife away from the boy and stabbed him in the back. He then used the knife to stab Jenkins after Jenkins said, “I am going to get you” and leaned out of his wheelchair. The defendant stated that for about three weeks he owed Jenkins $50 from the sale of an ounce of marijuana and had gone to Jenkins’ house on February 12 to talk with him about the debt. He was too afraid to tell Jenkins he could not pay him, however, and told him he forgot his wallet instead and left to get it.

In his second statement, given later that same day, the defendant stated that when he returned to Jenkins’ house he had with him a kitchen knife from his grandmother’s house because he feared Jenkins would get mad when he told him he didn’t have the money to pay him. When he told Jenkins that he had no money, Jenkins said, “I guess I am going to have to teach you a lesson.” Jenkins then said that he knew where the defendant’s daughter goes to school. When the defendant asked if Jenkins was threatening defendant’s daughter, Jenkins said, “Well, you will find out.” The defendant told Jenkins, “You are not [obscenity] with my family, especially my daughter,” and he pulled the knife out of his coat and stabbed Jenkins in the back either once or twice. Jenkins fell out of the wheelchair onto the floor, and the defendant told him, “You are not messing with my daughter.” The defendant then stabbed Jenkins a couple more times. When he encountered Douglas Thompson on the porch by the metal cabinet, the defendant thought Thompson might go in the house and see what he had done. The defendant stabbed Thompson in the back and dragged him across the living room and threw him on the bed in the bedroom. He encountered Sreenan and Danny Thompson as he was leaving and told them something happened, that he had “gone nuts” when Jenkins threatened his kids. Thompson grabbed the defendant, but he pushed Thompson away, ran outside and was later arrested as he related in his first statement.

Lonnie Jenkins died as a result of stab wounds to the chest. He sustained five or six wounds in his upper chest and back. Douglas Thompson’s carotid artery on the right side of his neck was 80% severed; emergency surgery saved his life.

At trial, the defendant testified that he had custody of his two children, Stacey, age 10, and Tracey, age five, after his wife ran off with his grandfather in 1985, when the defendant and his grandmother discovered them in bed together. His wife and grandfather returned after two weeks, but ultimately left again after about one month, and they presently reside together. The defendant stated that he knew Lonnie Jenkins for more than 10 years and that he bought marijuana from him about twice a month, sometimes on credit. The defendant testified he usually carried a pocketknife with him when he went to Jenkins’ house because he was afraid of the people who came there. He could not find his pocketknife when he returned to his grandmother’s house after having been to Jenkins’ house the first time, so he took the kitchen knife because he was afraid of Jenkins and the things he told him “would happen to people that owed him money and didn’t come up with it.” When the defendant returned to Jenkins’ house, Jenkins asked him if he had the money he owed him. The defendant replied he did not but that he would be able to get it shortly.

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Cite This Page — Counsel Stack

Bluebook (online)
551 N.E.2d 1040, 194 Ill. App. 3d 981, 141 Ill. Dec. 697, 1990 Ill. App. LEXIS 251, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-siverly-illappct-1990.