People v. Stokes

541 N.E.2d 1129, 185 Ill. App. 3d 643, 133 Ill. Dec. 691, 1989 Ill. App. LEXIS 410
CourtAppellate Court of Illinois
DecidedMarch 31, 1989
Docket1-87-0005
StatusPublished
Cited by15 cases

This text of 541 N.E.2d 1129 (People v. Stokes) 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. Stokes, 541 N.E.2d 1129, 185 Ill. App. 3d 643, 133 Ill. Dec. 691, 1989 Ill. App. LEXIS 410 (Ill. Ct. App. 1989).

Opinions

JUSTICE COCCIA

delivered the opinion of the court:

Defendant Edward Stokes appeals from his 1986 bench trial conviction and sentence for aggravated battery. He was sentenced to two years’ probation. Ill. Rev. Stat. 1983, ch. 38, par. 12 — 4(b)(1).

Defendant, a Chicago fire fighter, was indicted for attempted murder, armed violence, aggravated battery causing great bodily harm, aggravated battery causing permanent disfigurement, and aggravated battery while armed with a deadly weapon, following an August 1984 incident in a Chicago fire station. Following an earlier trial by jury, defendant was found guilty of the charges of armed violence, aggravated battery causing great bodily harm, and aggravated battery while armed with a deadly weapon. Defendant then filed motions for a new trial based in part on grounds that the State had failed to make available to him a prior written statement of the complainant, fire fighter Kenneth Straman, in which Straman related his version of the incident to his Chicago fire department superiors one month after it had occurred. The trial court granted his motions for a new trial, and the matter was assigned to a different judge.

The defendant waived his right to a jury at the second trial, at the conclusion of which he was found guilty of aggravated battery while armed with a deadly weapon. After a motion for a new trial was denied, defendant brought this appeal.

Defendant now seeks a reversal of his conviction, contending that the State failed to prove beyond a reasonable doubt that he did not act in self-defense with the degree of force justified under the circumstances. He raises several issues which pertain to the sufficiency of the evidence to sustain his guilt.

The incident giving rise to the charges against the defendant occurred on the morning of August 15, 1984, in a Chicago fire department firehouse at 2827 North Pulaski. Both the complainant and the defendant were fire fighters assigned to the firehouse on that day. In addition to their testimony, the court also heard the testimony of a number of eyewitnesses.

Fire fighter Kenneth Straman, the complaining witness, testified at trial that after the 8 a.m. roll call, he entered the firehouse kitchen and saw the defendant opening a package of steak. According to Straman, the steak was one that he had bought on August 6, 1984, when he had been the designated cook for the day. He further stated that on August 6, the defendant had been sent to another firehouse on a “change of quarters,” and therefore had not contributed to the fund used for purchasing food on that day. Straman told the defendant that the steak was his (Straman’s), but that the defendant could have it if he paid him what it was worth. Defendant agreed to this, and Straman left the room for a short time to get a pen and paper. He returned to the kitchen and began to collect money from the fire fighters so that he could purchase food, as he was the designated cook for August 15. At this time, Ted Eck, Leonard Urbanski, Fakhri Isa, Russell Harper and the defendant were also in the kitchen.

An argument ensued between Straman and the defendant after the latter gave Straman $7, each man’s share toward the food fund for the day. Straman told him that he also wanted $3 for the steak which defendant was preparing. Straman told defendant that part of the steak he was preparing belonged to someone else. When defendant proceeded to put the steak in the microwave oven, Straman took it out, threw it on the floor, and then put it into a garbage can.

The argument escalated. Defendant asked Straman to return his $7, saying that he did not want to be in “the club” that day. Straman put $4 on the counter, keeping back the other $3 for the steak. Defendant insisted that Straman return the rest of his money. Straman told defendant that as soon as he had finished collecting money from the others, he would give defendant his money. At this point, Straman had observed defendant holding a coffee cup in his right hand. Suddenly, Straman felt a blow to the left side of his head. When he looked up, defendant had nothing in his hand. Straman then picked up a plastic garbage can and threw it at defendant, who knocked it down with his hands. The two men then went “at each other,” fighting as they fell to the kitchen floor. As Straman began hitting defendant “all over,” Ted Eck grabbed him and held him in a “full nelson” as co-workers attempted to break up the fight. Then, as Straman was repeatedly telling Eck to let him go, he felt a sharp pain to the back of his head and then saw a silver object come across his shoulder and “get” him across the chest and stomach.

Straman further testified that as Ted Eck let him go, he turned and saw defendant standing with a knife in his hand and saying, “Come on. Come on.” Straman then picked up a toaster and held it in front of his chest and stomach to defend himself as he walked toward a door leading out of the kitchen and away from the defendant. He was screaming hysterically, “Why were you holding me?” On his way out of the kitchen, he placed the toaster on a table. He then wandered out onto the apparatus floor and sat in a chair. Paramedics arrived shortly thereafter and took Straman to Northwest Hospital, where he was treated for lacerations and remained hospitalized for approximately three days.

On cross-examination, Straman testified that when Ted Eck held him in the full nelson by the refrigerator, he was about three or four feet away from where the defendant was standing. As he was being held, he felt several blows to his side and stomach area, near his ribs, but could not recall seeing anyone on either side of Eck. He described himself as being 5 feet 11 inches tall and described Ted Eck as being about the same height.

Straman’s courtroom testimony was consistent with his signed written report of September 15, 1984, to his superiors. The statement relates Straman’s version of the August 15 incident in further detail. It described the argument over the steak, his throwing the steak away, and his feeling a “hard blow to [his] left ear where [he] had been struck by a coffee cup thrown at [his] head by Stokes.” The report also states that he threw a plastic trash can in front of the defendant and wrestled him to the floor. The statement in evidence further described that as his co-workers were breaking up the fight, one of them grabbed him in a “full nelson” while the defendant was hitting him “furiously in the stomach and back.” The other fire fighters told him to “cool down,” but Straman was telling him to let him go as he wanted to get away from the defendant. Then, seconds apart, he first felt a blow to the back of his head from a knife and then saw a knife coming down which slashed him in the chest “while [he] was still being held in a full nelson.”

Fire fighter Ted Eck, testifying for the State, recalled that about 13 men were working in the firehouse on the day of the incident, including three officers. After roll call, he went to the kitchen, sat down and read a newspaper. Fire fighters Isa, Urbanski, Straman, and the defendant were also in the kitchen. He saw Straman collecting money. He heard an argument between Straman and the defendant about a steak, but did not hear any details of the argument. After about five minutes, he left the kitchen to avoid the argument, then returned about three to five minutes later.

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People v. Stokes
541 N.E.2d 1129 (Appellate Court of Illinois, 1989)

Cite This Page — Counsel Stack

Bluebook (online)
541 N.E.2d 1129, 185 Ill. App. 3d 643, 133 Ill. Dec. 691, 1989 Ill. App. LEXIS 410, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-stokes-illappct-1989.