People v. Strickland

627 N.E.2d 218, 254 Ill. App. 3d 798, 194 Ill. Dec. 102, 1993 Ill. App. LEXIS 1508
CourtAppellate Court of Illinois
DecidedSeptember 29, 1993
Docket1-90-1531
StatusPublished
Cited by11 cases

This text of 627 N.E.2d 218 (People v. Strickland) 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. Strickland, 627 N.E.2d 218, 254 Ill. App. 3d 798, 194 Ill. Dec. 102, 1993 Ill. App. LEXIS 1508 (Ill. Ct. App. 1993).

Opinion

JUSTICE CERDA

delivered the opinion of the court:

Following a bench trial, defendant, Larry Strickland, was convicted of murder based on accountability (Ill. Rev. Stat. 1985, ch. 38, pars. 5 — 2(c), 9 — 1), two counts of attempted murder (Ill. Rev. Stat. 1985, ch. 38, pars. 8 — 4, 9 — 1), two counts of armed robbery (Ill. Rev. Stat. 1985, ch. 38, par. 18 — 2), and three counts of aggravated kidnapping (Ill. Rev. Stat. 1985, ch. 38, par. 10 — 2). The convictions resulted from a series of offenses committed by defendant and his brother, Tyrone Strickland, on November 5, 1985. In a separate trial, Tyrone was convicted of the same offenses charged here and received the death penalty. Defendant was sentenced to life imprisonment for murder and received consecutive and concurrent sentences totalling 150 years’ imprisonment for the remaining convictions.

On appeal, defendant asserts that (1) his murder conviction should be reversed because he was not accountable for his brother’s actions; (2) he is not guilty of the armed robberies of Officer Dawson and Donald Hamburg; (3) the two attempted murder convictions should be reversed because there was no specific intent to kill; and (4) the trial court erred in imposing consecutive sentences. We affirm in part, reverse in part, and vacate in part.

On the evening of November 5, 1985, defendant and his brother, Tyrone, drove to Cedar Run Complex in Wheeling to find defendant’s friend, Everett “CC” Spears. The Stricklands arrived around 7:30 p.m., parked defendant’s 1974 Ford Torino, and began looking for CC. After speaking with various neighbors, one of whom called the police, the Stricklands encountered Officer William Dawson.

Karen Dalton, a nurse, testified that she witnessed the incident between Officer Dawson and the Stricklands. She saw the officer walking with two African-American men having a calm conversation. Suddenly, Dalton stated, the officer grabbed defendant by the arm and Tyrone ran between two buildings. Dalton could no longer see Tyrone.

As Dalton watched the officer and defendant go toward a driveway, defendant pulled his arm away, but the officer grabbed it again. At that point, the verbal exchange became animated and a struggle ensued. Then, Dalton heard a gunshot.

After seeing the officer fall, Dalton observed defendant stand over him, punch and kick him, then stand up, walk a couple of feet, and begin to yell. As Dalton drove away, she heard several shots being fired.

Wheeling police officer William Stutzman testified that he was sent as a backup for Officer Dawson. As Officer Stutzman approached the area, he saw a blue car without headlights speeding toward him. The officer stopped his car at an angle in an attempt to block the Stricklands’ escape, but they swerved around him.

Officer Stutzman testified that Tyrone, who was sitting in the front passenger seat, fired several shots at him through the windshield of defendant’s car. After diving for cover, Officer Stutzman got up and fired six shots at the car as it sped away.

Officer Karl Humbert, an evidence technician, testified that there were two incoming bullet holes and four outgoing bullet holes in the windshield of defendant’s car. In addition, there were two incoming bullet holes in the driver’s side door.

As soon as the Stricklands drove away, Officer Stutzman ran to Officer Dawson’s squad car, which was parked at 687 Cleo Court. Officer Dawson was lying on his back in the driveway. His face was scratched and scraped, the bridge of his nose and both eyes were puffy, and his glasses were “cockeyed” on his face. Officer Dawson’s face had not been injured when Officer Stutzman saw him an hour earlier. Officer Dawson’s service revolver was missing and his magazine pouch was empty.

Donald Hamburg testified that he was parked outside his sister’s house in Buffalo Grove around 7:30 p.m. when the Stricklands ran toward him. According to Hamburg, defendant pulled a gun from his waistband, pointed it directly at Hamburg, and demanded his wallet and credit cards. Defendant then ordered Hamburg, his grandson, Daniel Johnson, age nine, and his nephew, David Du Vail, age 15, into the car. Defendant told Hamburg to drive them out of the area. There is no evidence that Hamburg gave his credit cards and wallet to defendants.

During the car ride, defendant threatened Hamburg and the two boys if Hamburg did not cooperate. In addition, defendant boasted to Tyrone, “[D]id you see what I did to him?” and asked Tyrone if he had any ammunition left.

Ultimately, Hamburg drove his car to downtown Chicago. At Congress Avenue and State Street, he curbed his car next to a squad car, jumped out, and alerted Chicago police officer Edward Gross. Everyone got out of Hamburg’s car. As defendant ran away, Hamburg saw him turn and shoot at Officer Gross.

Officer Gross testified that he was stopped at a traffic light at Congress Avenue and State Street in Chicago when Hamburg’s car pulled in front of his squad car. Officer Gross saw both Stricklands get out of the car and run south on State Street. When Tyrone was about 20 feet away, he turned around and fired once at Officer Gross. Then, defendant fired four or five shots at him. Officer Gross dove for cover and radioed for help.

A short time later, defendant was arrested as he hid under an automobile in a parking lot at 619 South Plymouth Court. He was carrying a .38-caliber revolver with one live and five spent rounds. A ballistics expert later identified the gun as the weapon that fired the fatal bullet into Officer Dawson. Tyrone was arrested shortly afterward with Officer Dawson’s service revolver in his possession.

It was stipulated that Dr. Robert Stein, the Cook County medical examiner, would have testified that he determined that Officer Dawson died from a gunshot wound to the left chest wall.

After the State rested, defendant testified in his own behalf. He stated that during the evening of November 5, 1985, he and his brother went to Wheeling to visit his friend, CC, who lived at Cedar Run Complex. That night, defendant was carrying a loaded .38-caliber revolver under the dashboard of his car. When he arrived at the complex, defendant parked his car and began looking for CC’s house. After unsuccessfully trying to locate CC, defendant began walking back to his car.

When defendant saw a squad car approach, he took his gun and threw it away. Moments later, the police officer got out of his car, approached the Stricklands, and told them to lean against a fence. As Officer Dawson searched them, he asked about their purpose for being in the area. Defendant explained that he was looking for CC’s house, and Tyrone said he had nothing to do with it. As Officer Dawson continued to question defendant about alleged drug activity, Tyrone walked away.

According to defendant, he agreed to have his car searched but did not want to be present because he was wary of the officer’s intentions. Instead, defendant started to walk toward the houses. At that point, Officer Dawson put his hand on defendant and pulled him in the car’s direction.

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Cite This Page — Counsel Stack

Bluebook (online)
627 N.E.2d 218, 254 Ill. App. 3d 798, 194 Ill. Dec. 102, 1993 Ill. App. LEXIS 1508, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-strickland-illappct-1993.