People v. Sykes

504 N.E.2d 1363, 152 Ill. App. 3d 945, 105 Ill. Dec. 845, 1987 Ill. App. LEXIS 2106
CourtAppellate Court of Illinois
DecidedMarch 3, 1987
DocketNo. 4—86—0327
StatusPublished

This text of 504 N.E.2d 1363 (People v. Sykes) 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. Sykes, 504 N.E.2d 1363, 152 Ill. App. 3d 945, 105 Ill. Dec. 845, 1987 Ill. App. LEXIS 2106 (Ill. Ct. App. 1987).

Opinion

JUSTICE LUND

delivered the opinion of the court:

After a jury trial, defendant was convicted of cruelty to children in violation of section 53 of “An Act relating to improper supervision of children” (the Act) (Ill. Rev. Stat. 1985, ch. 23, par. 2368) and battery in violation of section 12 — 3 of the Criminal Code of 1961 (the Criminal Code) (Ill. Rev. Stat. 1985, ch. 38, par. 12-3). The circuit court of Macon County vacated the conviction for battery at a hearing on the post-trial motion. Defendant was then sentenced to a term of 16 months’ imprisonment on the charge of cruelty to children. Defendant appeals his conviction. We affirm.

On appeal, defendant alleges three errors: (1) whether defendant was properly convicted of cruelty to children and battery, where no permanent physical damage to the victim resulted; (2) whether the trial court erred in admitting violent behavior of the defendant demonstrated against someone other than the victim, and (3) whether the trial court erred in refusing to instruct the jury concerning which exhibits had been admitted and which had been refused.

Defendant was arrested on December 28, 1985, after an incident which occurred at his home. Defendant lived in Decatur with his wife, Ada Sykes, and her two daughters from a previous marriage. The oldest child, B.J.G., was about two years old at the time of the incident. B.J.G. was the subject of defendant’s alleged abuse. The family lived in a mobile home.

Ada testified at trial. She stated that on December 28, 1985, she put her daughters to bed at approximately 1:30 p.m. Shortly after that time, B.J.G. got up and was in the bathroom playing. Defendant went to use the bathroom. He picked the girl up with one arm and “pushed her into a bunk bed.” Ada and defendant then argued over defendant’s treatment of B.J.G. Ada went outside to her car to let defendant cool off. From her car, she could hear defendant yelling at the child, and she heard B.J.G. “scream that [sic] I never heard out of her before.”

Defendant came out of the trailer and ordered Ada out of the car. She said no. He picked up a piece of wood — a 1 by 6 or a 2 by 4 — and approached the car. Ada testified that defendant never hit the car, but that she had gotten out. Defendant then used the car to run an errand for his mother.

About 3:55 p.m., B.J.G. got up from her nap, and Ada began giving her a bath. Ada testified that she noticed the area around the girl’s right ear was bruised. Ada then called her mother, and her mother said she would be right over. Ada went back to bathing B.J.G. and noticed marks about the left ear. She also noticed two little “knots” on the top of the girl’s forehead. She then called the police.

After the police arrived, Ada made her complaint and took B.J.G. to the hospital. At the hospital, Ada was told that B.J.G. was OK; she was just bruised.

On cross-examination, Ada stated that defendant was a real good father to both children. She also stated that she did not see defendant do anything that “actually caused any harm” to B.J.G. Defendant was expected to take an active role in disciplining the children.

On redirect examination, the State’s Attorney asked several questions regarding Ada’s previous responses to his questions. He questioned Ada as to whether or not she had told the officer that defendant hit her car with the 2 by 4.

Police officer David Barringer testified that he went to the Sykes’ home on December 28, 1985, in response to Ada Sykes’ phone call. When Barringer arrived, Ada asked to talk with him alone. After their conversation, Barringer examined B.J.G. for marks and bruises. He noticed a red mark across her left eye. It appeared that a blood vessel was broken in her left eye. He also noticed two red marks on her scalp, a red mark on her temple, and a red mark on her forehead. Her ears were a dark red color. He then interviewed defendant. According to Barringer, defendant told him that defendant struck the child in the face with a piece of cardboard from a coat hanger about five to six times. Defendant also told Barringer that he was playing with B.J.G. and did not intend to hurt her.

Auxiliary police officer Chris Peters accompanied Officer Bar-ringer to the Sykes’ mobile home on December 28. His testimony corroborated Barringer’s statements regarding the interview with defendant. According to Peters, defendant told Barringer that he was playing with B.J.G., using the cardboard to tap her about the head and ears.

Police officer Douglas Raver, a juvenile officer, also testified for the State. He met Ada and B.J.G. at Decatur Memorial Hospital and took photographs of the child’s bruises. At trial, Officer Raver described in detail the marks and bruises depicted in the photographs.

Raver further testified that he talked with Ada Sykes on December 28. According to Raver, Ada stated that when defendant approached the car with the 2 by 4, he beat the windows of the car. At that point, she left the car in order to prevent him from breaking the windows. The court instructed the jury that Raver’s recollection of this conversation with Ada was limited to impeaching her earlier testimony.

Finally, the State called police officer Roger Ryan. He interviewed defendant on December 29, 1985, about the December 28 incident. According to Ryan, defendant stated that he had an argument with Ada that day. Later on, B.J.G. was attempting to climb down the ladder from her bunk bed. He stated he struck B.J.G. with a teddy bear. He grabbed her by the arm and shoved her back in bed. He then picked up a length of cardboard from a coat hanger and struck B.J.G. about the face and side of her head about four or five times. He stated his intention was to punish B.J.G. for climbing out of bed and not to intentionally harm her. Defendant told Raver that when he went outside, he struck the car in which his wife was sitting with a 2 by 4 in order to get her out.

The trial court heard arguments on the admission of the State’s exhibits outside the presence of the jury. After both sides had rested, the court heard arguments on which exhibits should be submitted to the jury, again outside the jury’s presence. Defense counsel requested the court to advise the jury on which exhibits were admitted and which were refused. The court denied the request. The jury found defendant guilty on both charges. Defendant filed a timely notice of appeal.

In regard to the first alleged error, defendant essentially argues that he cannot be guilty of the offense of which he was convicted as the child recovered from the bruises and marks left on her body. The offense of cruelty to children, found in section 53 of the Act (Ill. Rev. Stat. 1985, ch. 23, par. 2368), provides, in pertinent part:

“Any person who shall *** in any *** manner injure in health or limb, any child, apprentice or other person under his legal control, shall be guilty of a Class 4 felony.”

The offense of battery found in section 12 — 3 of the Criminal Code (Ill. Rev. Stat. 1985, ch. 38, par. 12 — 3(a)), of which defendant was also convicted, provides, in pertinent part:

“(a) A person commits battery if he intentionally or knowingly without legal justification and by any means, (1) causes bodily harm to an individual ***.”

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Related

People v. Johnson
479 N.E.2d 481 (Appellate Court of Illinois, 1985)
People v. Harbold
464 N.E.2d 734 (Appellate Court of Illinois, 1984)
People v. Collins
478 N.E.2d 267 (Illinois Supreme Court, 1985)

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Bluebook (online)
504 N.E.2d 1363, 152 Ill. App. 3d 945, 105 Ill. Dec. 845, 1987 Ill. App. LEXIS 2106, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-sykes-illappct-1987.