People v. Skillom

838 N.E.2d 117, 361 Ill. App. 3d 901, 297 Ill. Dec. 630, 2005 Ill. App. LEXIS 1038
CourtAppellate Court of Illinois
DecidedOctober 21, 2005
Docket1-04-0627
StatusPublished
Cited by28 cases

This text of 838 N.E.2d 117 (People v. Skillom) 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. Skillom, 838 N.E.2d 117, 361 Ill. App. 3d 901, 297 Ill. Dec. 630, 2005 Ill. App. LEXIS 1038 (Ill. Ct. App. 2005).

Opinion

JUSTICE O’MALLEY

delivered the opinion of the court:

The State charged defendant Willie Skillom by information with one count of aiding the escape of Edward Carter, a person in the “lawful custody” of a peace officer arising from an incident that occurred on September 29, 2002. The State also charged Skillom with one count of attempted disarming of a police officer and one count of criminal damage to property exceeding $300 but less than $1,000, a charge which the State later nol-prossed. After a bench trial, the Honorable Camille E. Willis found Skillom guilty of aiding escape and not guilty of attempted disarming of a police officer. The court then sentenced defendant to six years’ imprisonment.

On direct appeal, Skillom argues that the State failed to prove that the police had probable cause to arrest Edward Carter; accordingly, Skillom asserts that the State failed to prove his guilt beyond a reasonable doubt because it failed to prove that he aided the escape of someone in “lawful custody” of a peace officer. Skillom also argues that the trial court erroneously admitted hearsay evidence against him at trial. For the reasons that follow, we affirm Skillom’s conviction and sentence.

BACKGROUND

At trial, Chicago Heights police officers Greg Stepich and Christopher Burke testified that on September 29, 2002, they were on duty in the vicinity of 15th Street and Portland Avenue in Chicago Heights, Illinois. 1 At approximately 1 a.m., they heard what sounded like gunshots coming from the 1500 block of Wentworth Avenue. In response, Stepich and Burke drove eastbound on 15th Street toward Wentworth Avenue. The officers were in full uniform and were driving a marked Chicago Heights police vehicle.

As they approached the 1500 block of Wentworth Avenue, the officers saw several vehicles fleeing from the intersection of Wentworth and 16th Avenue and saw a large crowd at that intersection. As they drove up, they each saw an unidentified African-American male waving at them from inside a white vehicle heading westbound on 15th Street. Both Stepich and Burke testified that they heard the unidentified man shout “Little Edward’s shooting.” Stepich and Burke each testified that they knew that “Little Edward” was the nickname of Edward Carter.

At trial, the following exchange occurred when Officer Stepich testified on direct examination about having heard the unidentified man state that “Little Edward’s shooting:”

“A. [by the witness, Officer Stepich:] On the way to Wentworth, a male black subject in a white colored car was waving at us, he was traveling westbound on 15th Street. We slowed down for him, we were trying to get to the call and he said ‘Little Edward’s shooting, Little Edward’s shooting.’
DEFENSE COUNSEL: Objection.
THE COURT: That is stricken. Hearsay testimony.
THE STATE: Judge, it’s not for the truth of the matter, it’s going to the foundation or for the purpose of this investigation.
THE COURT: Counsel, they are contesting it, it does not go to the truth of the matter asserted.
DEFENSE COUNSEL: Fine, your Honor.
THE COURT: Based upon that statement I am going to reverse myself and overrule your objection.
DEFENSE COUNSEL: You know what, Judge? Actually, if I may, may I withdraw my objection?
THE COURT: Withdrawn, fine. The testimony will stand.”

During cross-examination by defense counsel, Stepich admitted that he left out any reference to the unidentified man from the report. He further admitted his report contains no mention of hearing any person state “Little Edward’s shooting.”

The officers testified that after they heard the statements of the unidentified man, they approached the 1600 block of Wentworth and saw Edward Carter and another man, later identified as the defendant, Willie Skillom, standing in the middle of the street. The officers also testified that they saw Carter and Skillom running from the group. Stepich exited the police car and ordered the men to “stop running” and to “come over to the police car.” When Carter and Skillom continued to flee, Stepich pursued them on foot through an alley between Fifth Avenue and Wentworth. Burke remained with the car to contact the police dispatcher by radio.

Officer Stepich testified that as he chased Carter into the backyard of a house at 1512 Fifth Avenue, Carter ran into a cable stretching between two houses and fell down. Stepich then attempted to handcuff Carter, who fought back. Stepich wrestled with Carter for one to two minutes and eventually subdued him by putting one knee in the small of Carter’s back and handcuffing Carter’s wrists.

Stepich testified that as he pulled Carter off the ground, he felt a push from behind. As Stepich regained his balance, he turned and saw that he had been pushed by Willie Skillom. Stepich testified that he and Skillom fought, and that, during this struggle, Skillom grabbed at Stepich’s shirt, duty belt, radio holder, and handgun, which was in a specially designed holster on Stepich’s belt. Stepich subdued Skillom by striking him in the leg with a police baton until Skillom fell to the ground. At that time, Officer Burke drove up and assisted Officer Stepich in placing Skillom in handcuffs. Once he handcuffed Skillom, Stepich noticed that Carter had fled.

Officer Burke testified that after Officer Stepich pursued Carter and Skillom on foot, he had contacted the police dispatcher then tried to contact Officer Stepich via radio. Hearing no response, Burke drove his car around the area trying to locate Stepich. Officer Burke drove up and assisted Officer Stepich in placing Skillom in handcuffs. Burke testified that he saw Skillom and Officer Stepich struggling in the yard, and that Burke came to Stepich’s aid in subduing and handcuffing Skillom.

Stepich and Burke each testified that they had difficulty attempting to put Skillom in the police car. Both officers also testified that Skillom head-butted Officer Stepich while in the backseat of the police car. Stepich further testified that Skillom repeatedly kicked him and that Stepich had to hold Skillom down during most of the ride to the police station.

The defense submitted the stipulated testimony of Tom Rogers, another Chicago Heights police officer. Rogers’ stipulation provided that on September 30, 2002, pursuant to an investigation into the incident of September 29, 2002, he observed a handgun holster that belonged to Officer Stepich. Rogers’ stipulation provided that Rogers would have testified that the holster was damaged and that the holster was inventoried under tag number 34173. The holster itself was never introduced as evidence, a fact that defense counsel discussed during closing argument.

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Cite This Page — Counsel Stack

Bluebook (online)
838 N.E.2d 117, 361 Ill. App. 3d 901, 297 Ill. Dec. 630, 2005 Ill. App. LEXIS 1038, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-skillom-illappct-2005.