People v. Thomas

602 N.E.2d 1, 234 Ill. App. 3d 819, 176 Ill. Dec. 694, 1992 Ill. App. LEXIS 632
CourtAppellate Court of Illinois
DecidedApril 23, 1992
DocketNo. 1—89—0454
StatusPublished
Cited by7 cases

This text of 602 N.E.2d 1 (People v. Thomas) 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. Thomas, 602 N.E.2d 1, 234 Ill. App. 3d 819, 176 Ill. Dec. 694, 1992 Ill. App. LEXIS 632 (Ill. Ct. App. 1992).

Opinion

JUSTICE McMORROW

delivered the opinion of the court:

Following a bench trial, defendant was convicted of multiple counts of criminal sexual assault, aggravated criminal sexual assault, kidnapping, and aggravated kidnapping, one count of unlawful restraint and one count of aggravated battery. Judgment was entered on eight counts of aggravated criminal sexual assault, three counts of aggravated kidnapping, aggravated battery and violation of parole. Defendant received concurrent sentences of 12 years’ imprisonment on each of aggravated kidnapping and aggravated criminal sexual assault convictions, five years for aggravated battery and three years for violation of parole. On appeal, defendant contends that the evidence was not sufficient to prove him guilty beyond a reasonable doubt on five of the counts of aggravated criminal sexual assault; that one count of aggravated kidnapping should be vacated; and that he is entitled to a new sentencing hearing.

At trial, the victim, T.W., testified that she was 15 years of age when the offenses occurred, on March 30, 1987. Defendant, then age 17, had been her boyfriend between August 1986 and late February 1987, when she broke off the relationship. At approximately 5 p.m. on the date of the crimes, she was home alone in the second-floor apartment where she lived with her family. The doorbell rang, and when she went downstairs to answer it, she saw Myron Holmes, whom she knew through defendant. Defendant then appeared, and when she attempted to close the door, Holmes pulled it open and defendant stepped into the entranceway. T.W. informed defendant that she was not allowed to have company when she was home alone. T.W. then went upstairs to answer the telephone. Defendant and Holmes followed her up to the apartment. Defendant told her that he needed to talk to her, but she repeated that she was not allowed visitors. The telephone rang again, and as she turned to answer it, defendant grabbed her by the hair and the back of her neck. He then retrieved her coat and shoes from her bedroom, forced her to put them on and told her to come with him because he wanted to talk to her.

They exited the building and walked down the street with Holmes in front and defendant holding her arm and pushing her from behind. After an attempt by T.W. to run away, defendant held her by her neck as they continued walking until they reached the Fila Club. The door was locked but when defendant knocked, someone let them inside. T.W. had never been there before, but described it as a bar and dance club. Defendant led her through the bar area to a room in the rear where the dance floor was located. Defendant knocked on that door and asked the person who opened it if he could use the room for a while. After the person left, defendant gave T.W. the note she had written him a month earlier severing their relationship and told her to read it aloud. After she read it, he tore it into bits and told her to “eat her words.” When she refused to eat the paper, he slapped her in the face, forced the papers into her mouth and ordered her to swallow them. She eventually complied after being slapped again by defendant.

Defendant next told her to undress and then went to a small boiler room from where he brought out a woolen item, which may have been a coat. He threw the coat on the floor near a chair and repeated his order that T.W. undress. After she did, he sat on the chair and ordered her to perform oral sex on him. When she refused, he pushed her down onto the coat and engaged in forced vaginal and then anal intercourse with her. Defendant then unlocked the door and told some men in the bar area that they could do whatever they wanted to her. Holmes came into the room and said he wanted T.W. to perform oral sex. When she refused, defendant slapped her and forced her to comply.

After Holmes left the room, defendant removed a barbecue fork from a cabinet and placed it on a heating plate. He also brought out a splintered wooden mop or broomstick with which he threatened to anally assault her. Someone came to the door and spoke with defendant. Defendant then returned the splintered broom to the closet and brought out a different broomstick which he placed against the chair between her legs. Next, he took the fork from the heater and, holding her down, burned her with it on the left side of her chest, explaining that the bum marks would give her “something to remember [him] by,” and stating that he “should be branding his name in [her] chest.” When she kicked him away, defendant came back toward her and “pushed the stick and it hit [her] vagina.” He then grabbed her and burned her right shoulder and chest with the hot fork.

When Holmes came in and told defendant that T.W.’s cousins had learned she was there, defendant directed T.W. to dress. He then took T.W. to a store across the street. When a store cashier asked T.W. why she was crying, defendant slapped her, ordered her to “shut up” and told the cashier to “stay out of it.” Defendant led her to a telephone and instructed her to call her family and give them false information of her whereabouts. She tried but was unable to relay the information to her sister because she was still crying.

Defendant then took her to a third-floor apartment where a man unlocked the door and a set of burglar bars to let them inside and then relocked the door and bars. Defendant led her to the living room and then left for awhile. While he was gone, T.W. fell asleep on the couch. When defendant returned, he covered her with a blanket he had brought back, and apologized to her, explaining that his actions stemmed from her rejection of him and his jealousy. T.W. then falsely told defendant that she was pregnant in the hope that he would not hurt her again. Defendant nevertheless ordered T.W. to undress and engage in sex with him, threatening to kill her if she refused. The following morning, defendant took T.W. to a bus and allowed her to return home.

It was stipulated that defendant told a police detective that he did not have sex with T.W. but that he did inflict the bums. The assistant State’s Attorney who later took a statement from defendant testified that defendant admitted having sex with T.W. but stated that she consented because she was his ex-girlfriend and was trying to “get back with him.” Defendant denied burning T.W. in his statement to the attorney.

Defendant testified that he had gone to T.W.’s house to borrow a television he had given her as a gift. She told him that she could not have visitors, but would go with him to his house as long as she was home before her mother returned. They went to the Fila Club, where defendant worked as a disk jockey. T.W. had been there with him on two or three prior occasions. There were a few people in the front, so they went to the rear area where their conversation escalated into an argument concerning defendant’s sexual involvement with one of T.W.’s friends. The argument lasted only 10 minutes and was not violent. Defendant denied committing any of the acts described by T.W. in her testimony. After leaving the Fila Club, they went to a store and then to the apartment of a friend named Carl where T.W. agreed to spend the night with him. He left the apartment three times, on one occasion for three hours. When he returned, they had a long conversation in which she told him that she was pregnant. They spent the night together and had consensual intercourse. The following morning, he took T.W. to a bus stop and put her on a bus which took her home.

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Cite This Page — Counsel Stack

Bluebook (online)
602 N.E.2d 1, 234 Ill. App. 3d 819, 176 Ill. Dec. 694, 1992 Ill. App. LEXIS 632, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-thomas-illappct-1992.