People v. Sprawls

562 N.E.2d 1065, 205 Ill. App. 3d 337, 150 Ill. Dec. 262, 1990 Ill. App. LEXIS 1607
CourtAppellate Court of Illinois
DecidedOctober 17, 1990
Docket1-87-2205
StatusPublished
Cited by5 cases

This text of 562 N.E.2d 1065 (People v. Sprawls) 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. Sprawls, 562 N.E.2d 1065, 205 Ill. App. 3d 337, 150 Ill. Dec. 262, 1990 Ill. App. LEXIS 1607 (Ill. Ct. App. 1990).

Opinion

JUSTICE RIZZI

delivered the opinion of the court:

Defendant Landon Sprawls and codefendant Michael Johnson were each charged with murder, armed robbery and unlawful restraint. Prior to Sprawls’ trial, Johnson pled guilty and was sentenced to 60 years’ imprisonment. Following a jury trial, Sprawls was found guilty and sentenced to a term of natural life for murder, a 60-year extended term for armed robbery and three years for unlawful restraint, with all sentences to run concurrently. Johnson is not a party to this appeal. On appeal, defendant Sprawls argues that (1) the trial court abused its discretion in sentencing him to a term of natural life imprisonment for murder; (2) the trial court erred in restricting the scope of cross-examination; and (3) the State improperly used peremptory challenges to strike African-American jurors because of their race. We reverse and remand for a Batson hearing.

The following evidence was adduced at trial. On November 22, 1983, Derrick Tillman spent the evening with the victim Lewis Brown at his Oak Park apartment. At approximately midnight, defendant and Michael Johnson came to the apartment. Defendant and Michael Johnson visited with the victim and Tillman for about IV2 hours before they departed. Tillman spent the night at Brown’s apartment and left the following day at approximately 11 a.m. Tillman tried unsuccessfully to reach Brown by telephone for the next several days. When Tillman was unable to reach Brown the following Monday, he and Kathy Brown went to his apartment. When they arrived at Brown’s apartment they discovered that, although the interior rear door to the apartment was open, the exterior burglar bars were locked. Tillman contacted the police.

Officer Brian Slowiak of the Oak Park police department responded to the call. After another officer was summoned to remove the burglar bars, Slowiak entered the apartment. Slowiak testified that a search of the apartment revealed bundles of articles, including stereo equipment, stacked in the hallway. When Slowiak entered the bedroom, he found Brown lying facedown on the bed with his hands and feet tied behind him with tape and a cord wrapped around his neck. Brown was dead. The victim had two stab wounds in the middle of his back, and a large kitchen knife found on the bedroom floor was retrieved and inventoried.

Detective Ron Zielke testified that pursuant to his investigation of the case he received an anonymous tip from the Chicago Crime Commission which indicated that Michael Johnson and Landon Sprawls were Brown’s assailants. Zielke subsequently showed Tillman a photo array which contained the pictures of Michael Johnson and defendant’s brother. Tillman positively identified Johnson as one of the persons that he met in Brown’s apartment. Tillman also told the police that the photo of defendant’s brother resembled the other person who visited the apartment with Johnson that evening.

Zielke testified that later that evening, he talked with Rosedell Chester at the Oak Park police department. Chester informed Zielke and later testified at trial that on the Sunday prior to the discovery of Brown’s body, he talked with Melvin and Michael Johnson and defendant, who asked to borrow his car. Defendant told Chester that he needed the car to get more equipment from a burglary. Chester testified that he bought a camera from defendant, but refused to loan him his car and told him that it sounded like a home invasion/murder to him. Defendant and Michael Johnson were subsequently arrested.

Defendant later gave oral and court-reported statements in which he admitted his participation in Brown’s murder and named Johnson as his accomplice. In his statement, defendant related that he and Johnson originally went to the victim’s apartment on November 22, 1983, to rob him, but they left because someone else was present in the apartment. Defendant stated that when they returned on November 26, the victim was alone. Defendant and Johnson watched television with the victim until approximately 3 a.m. After the movie, defendant and the victim went into the bedroom to have sex. However, before they began, defendant pulled a gun on the victim and stated that he was going to rob him. When the victim cried for help, Johnson entered the room and told the victim to “be cool.” Defendant and Johnson bound the victim’s hands and feet and taped his mouth shut. Finally, they placed a towel over his head and searched the apartment for items to steal. When Johnson and defendant had completed their search of the apartment, they decided that since the victim knew them, he would have to be killed. Johnson retrieved a heavy duty extension cord from the next room, and he and defendant pulled it around the victim’s neck until he lost consciousness. When defendant heard the victim making gurgling noises, he got a knife and stabbed him several times.

Melvin Johnson testified that defendant and his brother Michael Johnson told him that they had killed a man named Lewis in Oak Park. Defendant also showed Melvin a pair of boots and a camera which he had taken from the victim’s apartment. Melvin further testifled that defendant later tried to convince him and other family members that he did not commit the murder and burglary, but he did not believe his denials. Defendant’s girl friend testified that he gave her a radio, which was later identified as the victim’s property, but he did not tell her where he had gotten it.

Dr. Robert Krischner of the Cook County medical examiner’s office testified that the victim had a stab wound in the right rear portion of his neck about seven inches from his head. He further testified that there were also two stab wounds on the left side of the neck as well as neck wounds consistent with strangulation by an electrical cord. Dr. Krischner opined that the victim was still alive when stabbed and that he died as a result of ligature strangulation in association with multiple stab wounds of the neck and back.

Defendant testified on his own behalf. Defendant recanted his prior inculpatory statement and testified that on November 27, 1983, he was visited by Michael and Melvin Johnson and Rosedell Chester. When Rosedell arrived at defendant’s house, he was carrying a bag in his hand. There were boots in the bag which defendant purchased for $5. Defendant also testified that he bought a radio from Michael Johnson which he gave to Kathy Maddox. Defendant stated that he did not ask either man where they got the items.

Following argument and instructions, the jury returned verdicts of guilty of murder, unlawful restraint and armed robbery. Defendant waived the jury for the death penalty hearing. The court found defendant eligible for the death penalty and held a hearing to determine whether it should be imposed. Following the hearing, the court sentenced defendant to a term of natural life for murder, an extended-term sentence of 60 years for armed robbery and three years for unlawful restraint. This appeal followed.

Defendant argues that the trial court abused its discretion in sentencing him to a term of natural life imprisonment for murder. Defendant specifically argues that the trial court (1) failed to consider his potential for rehabilitation and factors in mitigation; (2) erroneously considered facts which evidenced an element of the offense in aggravation; and (3) improperly considered his alleged lack of remorse as a factor in aggravation. We disagree.

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Related

People v. Burrage
645 N.E.2d 455 (Appellate Court of Illinois, 1994)
People v. Sprawls
608 N.E.2d 129 (Appellate Court of Illinois, 1992)
People v. Young
596 N.E.2d 69 (Appellate Court of Illinois, 1992)
People v. Kluxdal
586 N.E.2d 701 (Appellate Court of Illinois, 1991)

Cite This Page — Counsel Stack

Bluebook (online)
562 N.E.2d 1065, 205 Ill. App. 3d 337, 150 Ill. Dec. 262, 1990 Ill. App. LEXIS 1607, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-sprawls-illappct-1990.