People v. Sykes

586 N.E.2d 629, 224 Ill. App. 3d 369, 166 Ill. Dec. 671, 1991 Ill. App. LEXIS 2205
CourtAppellate Court of Illinois
DecidedDecember 30, 1991
DocketNo. 1—88—3456
StatusPublished
Cited by4 cases

This text of 586 N.E.2d 629 (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, 586 N.E.2d 629, 224 Ill. App. 3d 369, 166 Ill. Dec. 671, 1991 Ill. App. LEXIS 2205 (Ill. Ct. App. 1991).

Opinion

JUSTICE CAMPBELL

delivered the opinion of the court:

Following a jury trial, defendant Edward Sykes was convicted of robbery and sentenced to an extended term of 14 years. On appeal, defendant contends that: (1) the trial court erred in refusing to admit testimony from a State’s witness on cross-examination that defendant filed an Office of Professional Standards complaint against his arresting officer; (2) defendant was denied a fair trial because the trial judge improperly assumed the role of the prosecutor in examining a defense witness; and (3) the trial court relied on an improper factor in sentencing defendant to an extended term of 14 years. For the following reasons, the judgment of the trial court is affirmed.

The record sets forth the following facts relevant to this appeal. At trial, Jason Anthony testified on behalf of the State that in June of 1988 he was a student living on the Evanston campus of Northwestern University. On June 16, he met his high school friend Darren Cowitt at 12:30 a.m. and they headed toward the elevated tracks (the “L”) to go to downtown Chicago for a party.

Anthony and Cowitt boarded the “L” at the Howard stop, and defendant sat down next to Anthony. Defendant commented that he liked Anthony’s watch and asked Anthony at what stop he was getting off the train. Anthony replied that they were getting off at the Addison stop.

Anthony and Cowitt got off of the train at Addison. Defendant and Tommie Evans did the same. Defendant, who was in front of the boys on the stairs, turned around to face the boys and told them that the man behind them had a gun. Defendant advised them “don’t do anything stupid, hand over the wallet and your watches.”

Anthony handed his wallet and watch to defendant. Defendant searched his wallet then asked Anthony if he had any other money with him. Then defendant searched Anthony’s body looking for money, and felt around Cowitt’s neck for a gold chain. Evans took a gold chain and money from Cowitt, then defendant told them to turn around and they walked back up to the “L” platform. Defendant said he was going to “put both of [them] back on the train so [they] couldn’t make a phone call.”

Anthony and Cowitt sat down on a bench and waited for a train. Defendant stood on Anthony’s left and Evans stood on Cowitt’s right. Then Anthony saw a policeman walk up the steps. Defendant said, “Don’t do anything stupid. Just sit still. Act calm. If you do anything, we will blow your heads off.”

At that point Anthony stood up and yelled, “Help, we are being robbed.” Defendant and Evans started to run. The officer caught Evans, and defendant jumped onto the “L” tracks and ran southbound along the tracks. Another policeman chased defendant. The first officer handcuffed Evans, searched him and recovered Cowitt’s stolen property. Anthony stated that it was well lit at the “L” platform where they were robbed.

Anthony and Cowitt accompanied the officer and Evans to the police station where Anthony saw defendant. On cross-examination, Anthony stated that defendant was in front of them on the “L” stairs and that defendant did all the talking. Anthony was able to see defendant’s face throughout the robbery.

Next, Officer Marvin Bonnstetter testified on behalf of the State that at approximately 1:35 a.m. on June 16, he and his partner, Tom Aquina, responded to a call that there was a robbery in progress at 940 West Addison on the “L” platform. Bonnstetter climbed the southbound stairs and at the top saw Anthony and Cowitt sitting on a bench. Defendant and Evans were standing on either side of them a few feet away. As Bonnstetter walked toward them, Anthony stood up and yelled “Help, we are being robbed.”

Defendant and Evans started to run. Bonnstetter grabbed Evans and defendant climbed down off the platform onto the tracks and ran southbound. Bonnstetter put Evans on the ground, and dispatched a call that a black male, 6 feet 3 inches, 180 pounds, wearing a green windbreaker was running down the tracks.

Darren Cowitt testified on behalf of the State to essentially the same facts as Anthony. Cowitt noted that when he and Anthony boarded the southbound “L” he took a seat facing east. Defendant was wearing a lime green coat. Cowitt told defendant they were getting off at Argyle, and Anthony said, “No, we are not. We are getting off at Addison.” Then defendant wandered off down the “L” car.

Defendant was ahead of the boys as they descended the stairs. Defendant stopped at the landing and wouldn’t let Cowitt and Anthony pass. Defendant turned around and asked them if he could have a “moment of their time.” Cowitt said, “I am sorry, we are in a rush.” Defendant said he was in a rush also. Defendant then asked Cowitt and Anthony to hand over their belongings. Cowitt and Anthony turned around to see if they could get up the stairs and at that point saw Evans. Evans had a bag under his arm. Defendant said that Evans had a gun.

Cowitt gave defendant his wallet, and defendant took the cash out and returned the wallet. Then defendant took Cowitt’s gold chain and watch.

Defendant told the boys to go back up to the platform to wait for the next “L” train. On the platform, defendant told them to “sit quiet” and not to do anything “heroic or funny.”

When Anthony yelled to the police officer, defendant said “get ready to jump onto the tracks,” and Evans attempted to jump, but did not make it.

Next, Officer Don Eichler testified that on June 16, he responded to a call that an armed robbery was in progress at the Addison “L” station. Eichler saw defendant running southbound on the platform. The lighting condition was good.

After hearing a second broadcast that a male in a green coat was wanted for robbery, Eichler ran under the “L” tracks southbound, keeping defendant in sight above him on the tracks. At one point, defendant dove from the “L” tracks onto the landing of an adjacent building. Several times while he was running, defendant fell through the rungs of the “L” tracks. Eichler finally caught up with defendant and handcuffed him in the middle of the tracks. Eichler called for assistance from the Chicago fire department, which carried them both off the tracks. Both Eichler and defendant were scratched and bruised. Eichler brought defendant into the police station, searched him and recovered a gold chain.

On cross-examination, Eichler testified that he did not push defendant down onto the track rungs and that he did not push his head into a railroad tie. Defense counsel asked Eichler if he knew what the letters “OPS” stood for on the police inventory sheet and Eichler said he did. Then defense counsel started questioning Eichler about the Office of Professional Standards. The State objected to defense counsel’s line of questioning and the court sustained the objection.

At the end of testimony, the State rested and defendant’s motion for directed verdict of acquittal was denied.

Tommie Evans then testified on behalf of defendant. Evans stated that he was with defendant on June 16.

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Cite This Page — Counsel Stack

Bluebook (online)
586 N.E.2d 629, 224 Ill. App. 3d 369, 166 Ill. Dec. 671, 1991 Ill. App. LEXIS 2205, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-sykes-illappct-1991.