People v. Sowinski

498 N.E.2d 650, 148 Ill. App. 3d 231, 101 Ill. Dec. 326, 1986 Ill. App. LEXIS 2904
CourtAppellate Court of Illinois
DecidedSeptember 22, 1986
Docket84-2751
StatusPublished
Cited by20 cases

This text of 498 N.E.2d 650 (People v. Sowinski) 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. Sowinski, 498 N.E.2d 650, 148 Ill. App. 3d 231, 101 Ill. Dec. 326, 1986 Ill. App. LEXIS 2904 (Ill. Ct. App. 1986).

Opinion

PRESIDING JUSTICE QUINLAN

delivered the opinion of the court:

The defendant, Julian Sowinski, was charged by information with the murder of Timothy George. Following a jury trial in the circuit court of Cook County, the defendant was convicted of murder and sentenced to 25 years’ imprisonment. The defendant now appeals his conviction.

The issues raised by the defendant in this appeal are: (1) whether the jury was properly instructed on the law pertaining to the charge of murder when self-defense was an issue in the case; (2) whether the State failed to prove beyond a reasonable doubt that the defendant was unjustified in his use of force; (3) whether the defendant was denied effective assistance of counsel; (4) whether the trial court erred by not giving a voluntary-manslaughter instruction sua sponte; and (5) whether the trial court abused its discretion in determining the defendant’s sentence.

We affirm the defendant’s conviction.

On May 15, 1983, at approximately 7 a.m., Timothy George was found dead on the lawn of his home in Alsip. A subsequent autopsy-revealed that George died of a single gunshot wound to the stomach. A .25-caliber bullet was recovered during the autopsy, and also found in George’s blood at that time were 174 milligrams of alcohol per 1000 milliliters of blood, which indicted that he was intoxicated at the time of his death.

At the defendant’s trial, Thomas Hogan testified that he had met Timothy George for the first time at a party in Tinley Park on the evening of May 14, 1983. At approximately 1:30 a.m. on May 15, 1983, George asked Hogan for a ride home. Hogan stated that George appeared to be heavily intoxicated, and was having difficulty walking and talking. The two left the party at approximately 2 a.m. in Hogan’s 1979 maroon Pontiac Firebird.

When they reached the intersection of 135th and Harlem, Hogan drove into the parking lot where Chrissy’s Bar was located and stopped at George’s request. Hogan stated that he and George got out of the car and walked up to the front door of the bar. Upon discovering that the door was locked, George began pounding on the door. Hogan heard a voice from inside the bar yelling, “we’re closed.” Hogan urged George to leave, but he refused and began kicking the door. Hogan then turned away from George and started to walk towards his car. On his way to the car Hogan heard George say, “Come on out here so I can kick your ass.” He then heard the bar door open and the sound of people arguing. As Hogan reached his car, he heard several gunshots. Hogan turned around and saw a man holding a gun above his head. Hogan saw the man fire two more shots. George returned to Hogan’s car and told Hogan that he had been shot. He showed Hogan his wound which, according to Hogan, was on the left side of his body.

Hogan testified that he then drove his car to the back of the building to get away from “the man with the gun.” After George began to get sick, Hogan stopped and helped him get out of the car. George then vomited in the parking lot.

About five minutes later, Hogan helped George get back into the car, and asked him if he wanted to go to a hospital. George said no, and stated that he wanted to go home. When they arrived at George’s house, Hogan pulled George out of the car, put him on the front lawn, and left. Hogan testified that he did not call the police or notify anyone because he was afraid. He did not talk to the police regarding the incident until September 1983, when the police contacted him concerning George’s death.

At the trial, Hogan was unable to make an in-court identification of the individual who fired the gun at George. He did testify that he never saw George with a weapon in his hand.

The record further reveals that at the time of the incident, the defendant and several other employees of Chrissy’s Bar were inside the bar celebrating the birthday of Elaine Radz, a waitress at Chrissy’s. The defendant was the manager of Chrissy’s Bar and had closed the bar at its normal closing time of 3 a.m. that morning. The front door of the bar was locked during the celebration. Several of the employees who were present inside the bar during the incident also testified at the defendant’s trial.

Paul Zajec, who was working as a bartender at Chrissy’s on the morning of May 15, 1983, testified that the bar closed at 3 a.m., and that sometime thereafter someone began pounding on the door asking for beer. Zajec stated that the defendant went to the door and started arguing with the man outside. Zajec could hear the defendant yelling, but he could not hear what the defendant was saying. The arguing went on for approximately two minutes. Zajec then heard two shots fired. He looked out the window behind the bar and saw the defendant standing approximately 4 feet away from the door holding a gun in his right hand. Zajec saw the defendant extend his right arm at chest level and fire two or three more shots. He could see two men he did not know standing about 50 feet away from the defendant, directly in the defendant’s line of fire. Zajec stated that the two men were shouting at the defendant, and did not appear to have any weapons in their hands.

Zajec further testified that the two men got into a “1977 or 1978 Firebird.” Looking out a different window, he watched the two men drive around to the back of the building and saw them get out of the car. Zajec testified that he saw one man lying on the ground and the other man standing over him. By that time, the defendant had come back into the bar through the front door. Zajec told the defendant that he thought the defendant had shot the man. The defendant responded that the man was just “throwing up” because he was drunk.

Steven Guevera was also tending bar at Chrissy’s during the early morning of May 15, 1983. He, too, testified that after the bar closed someone began kicking the front door asking for beer, and that the defendant went to the door and told the man that the bar was closed. The man repeated his request for beer and then said either, “do you want to get blown away” or “you’re gonna get blown away.” According to Guevera, the defendant opened the door and told the man to leave. Guevera then saw the defendant put his hand into his pocket, take something out of his pocket, and as he did so, turn his back away from Guevera. Guevera stated that he heard two shots which he presumed were fired by the defendant. After the shots were fired, the defendant came back into the bar and handed Guevera a small chrome and silver gun. The defendant told Guevera to put the gun away. Guevera cleaned the gun by wiping the handle, and put the gun under the bar. He testified that he never saw the gun again. When asked on direct examination, Guevera stated that he never saw the man who was banging oh the door with any weapon in his hands.

Carmen Nudo, who worked as a doorman at Chrissy’s Bar, and Elaine Radz, who, as stated previously, was a waitress there, also testified at the trial. Much of their testimony was similar to that of Paul Zajec and Steven Guevera. They testified that they heard banging at the door and that the defendant went to the door and told the man that the bar was closed. After the man refused to leave, the defendant opened the door and went outside. Nudo testified that he heard people arguing, followed by the sound of gunshots.

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Bluebook (online)
498 N.E.2d 650, 148 Ill. App. 3d 231, 101 Ill. Dec. 326, 1986 Ill. App. LEXIS 2904, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-sowinski-illappct-1986.