People v. Speirs

596 N.E.2d 1257, 231 Ill. App. 3d 807, 173 Ill. Dec. 378, 1992 Ill. App. LEXIS 1096
CourtAppellate Court of Illinois
DecidedJuly 9, 1992
Docket4-91-0790
StatusPublished
Cited by7 cases

This text of 596 N.E.2d 1257 (People v. Speirs) 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. Speirs, 596 N.E.2d 1257, 231 Ill. App. 3d 807, 173 Ill. Dec. 378, 1992 Ill. App. LEXIS 1096 (Ill. Ct. App. 1992).

Opinion

JUSTICE KNECHT

delivered the opinion of the court:

Defendant Henry E. Speirs appeals from his conviction after a jury trial in Adams County for aggravated battery (Ill. Rev. Stat. 1991, ch. 38, par. 12 — 4(b)(8)). He argues reversible error occurred when he was ordered to remove his jacket to reveal tattoos on his arms. He also contends the trial court’s order requiring him to pay restitution must be vacated because he was not mandated to pay it within the statutory period of five years. No error occurred when the defendant was required to reveal the tattoos on his arms. However, we remand the case to the trial court to enter an appropriate restitution order.

An incident which occurred outside a tavern called “the Forum” in Quincy, Illinois, the evening of February 23, 1991, gave rise to the aggravated battery charge. The victim of Speirs’ alleged aggravated battery was Steven Ebersohl. Ebersohl testified he drank two beers at a party before arriving at the Forum at approximately 11 p.m. He met Carrie Clancy there. His girlfriend, Kelly Hook, previously agreed to pick him up from the tavern at approximately 2 a.m. He consumed five more beers while at the tavern.

At approximately 2 a.m. Ebersohl exited the tavern’s back door and met Hook outside in the alley. He had seen an ex-boyfriend of Hook’s and he and Hook argued about him. According to Ebersohl, they were not raising their voices and there was no physical violence involved. During their argument, Ebersohl heard someone, whom he later identified as defendant, telling him to leave Hook alone. Ebersohl saw Speirs 10 or 15 feet away. Speirs asked Ebersohl whether he wanted to fight. Ebersohl responded he wanted no trouble and he turned back toward Hook. When Ebersohl turned slightly, Speirs hit him in the face. He could not recall anything that occurred after he was struck other than later talking to the police. He sustained seven stitches above his left eye. Ebersohl did not know Speirs before this incident.

A week after the incident, Ebersohl was in the Forum again with Clancy and Hook. He did not recall drinking that evening. He recognized Speirs from approximately 20 feet away as the one who struck him during the earlier incident. He told Clancy and directed her to the area where Speirs was standing. A few days later Ebersohl identified Speirs in a photo array.

Ebersohl also testified that on the night of the incident, he saw a tattoo on Speirs’ right arm. He described the tattoo as going in an upward angle in two separate directions. Over defense counsel’s objection, the trial judge ordered Speirs to remove his jacket and display his arms to the jury. Speirs’ right arm contained a tattoo of a girl and a small design similar to a skull. His left arm had a larger tattoo which the prosecutor described as the “grim reaper.” Upon the trial judge’s inquiry, defense counsel responded he had no objection to this characterization.

Ebersohl described the lighting outside the tavern as good because of a streetlight. The light was off the alley about 5 to 10 feet. Ebersohl also identified the person depicted in the State’s exhibit No. 1 as a photograph of a man who was with Speirs the night of the incident.

Clancy consumed approximately three beers before arriving at the Forum. She met Ebersohl there and consumed two more beers and a “kamikaze.” She saw Ebersohl exit the back entrance. She followed a short time later and saw Ebersohl and Hook talking. She stood near the alley about 14 feet away from them. She identified Speirs as a person she saw interrupt Ebersohl’s conversation with Hook and ask him if he wanted to fight. Ebersohl responded no, and Speirs punched him in the nose. According to Clancy, Hook began kicking Speirs. Ebersohl was down on the ground. He got up, however, and Speirs hit him in the face a second time. She could not recall what Speirs was wearing the night of the incident.

Clancy also testified that approximately a week later she saw Speirs in the Forum while she was there with Ebersohl. Ebersohl told her he saw Speirs and directed her attention to several men who were along the bar. She recognized Speirs. She stated she consumed approximately six beers before she saw Speirs. On cross-examination, she denied Ebersohl suggested Speirs was the man who struck him approximately a week prior. She later identified Speirs in a photo array.

Hook testified that on the night the incident occurred, she arrived at the Forum at approximately 2 a.m. She had previously consumed two beers. While she and Ebersohl were talking, she heard a person behind them tell Ebersohl to leave her alone. She stated Speirs was approximately 10 feet away from them. Ebersohl responded he did not want to fight and Hook turned around with her back toward Speirs. She heard Speirs repeatedly asking Ebersohl if he wanted to fight. She turned toward Speirs as he reached over and hit Ebersohl in the face. She kicked Speirs and he hit Ebersohl again in the face. She, too, identified the State’s exhibit No. 1 as a photograph of the man who accompanied Speirs the night the incident occurred.

Quincy police officer Kathy Martin testified she interviewed Ebersohl the night of the incident. Although Ebersohl was bleeding, he was alert and able to talk with her. She also opined the lighting in the alley behind the Forum is good.

Speirs testified that on the night of the incident he was at the Forum with his ex-wife, Deanna Speirs, and friends Jason Colvin and Kim Gooding. He arrived at approximately 1 a.m. and left around 3 a.m. While there, he consumed beer from a pitcher. He denied any altercation with Ebersohl and stated he left without incident.

He recalled talking to a police officer about a week later while at the Forum. On cross-examination, Spiers stated he had two to four beers before arriving at the Forum the night of the incident. Speirs introduced evidence that he was previously convicted of burglary in 1981 and 1982 and of robbery in 1985.

Colvin testified he accompanied defendant, Deanna Speirs and Kim Gooding to the Forum the night of the incident. He stated they had consumed several drinks and left the tavern at approximately 3 a.m. without incident. Nothing unusual occurred that night. On cross-examination, Colvin recalled defendant had consumed several beers at the Forum. Colvin was not drinking alcohol. He identified the State’s exhibit No. 1 as a picture of himself.

Deanna Speirs testified she and defendant were reunited. They were again living together with their children. She remembered the weekend of the occurrence because that was when defendant and she began seeing each other again. She also recalled the weekend when the police came into the Forum to talk with defendant. She stated defendant was not involved in an altercation with Ebersohl and she did not recognize any of the people who were accusing defendant of the altercation.

The jury returned a verdict of guilty of aggravated battery against defendant. (Ill. Rev. Stat. 1991, ch. 38, par. 12 — 4(b)(8).) After a sentencing hearing, the trial judge imposed a five-year prison term with 43 days’ credit for time served. He also ordered defendant to pay $735.25 in restitution to Ebersohl and $190 to Ebersohl’s insurance company.

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Cite This Page — Counsel Stack

Bluebook (online)
596 N.E.2d 1257, 231 Ill. App. 3d 807, 173 Ill. Dec. 378, 1992 Ill. App. LEXIS 1096, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-speirs-illappct-1992.