People v. Thurman

584 N.E.2d 1069, 223 Ill. App. 3d 196, 165 Ill. Dec. 635, 1991 Ill. App. LEXIS 2234
CourtAppellate Court of Illinois
DecidedDecember 31, 1991
Docket3-90-0472
StatusPublished
Cited by18 cases

This text of 584 N.E.2d 1069 (People v. Thurman) 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. Thurman, 584 N.E.2d 1069, 223 Ill. App. 3d 196, 165 Ill. Dec. 635, 1991 Ill. App. LEXIS 2234 (Ill. Ct. App. 1991).

Opinion

JUSTICE SLATER

delivered the opinion of the court:

Defendant, Jerry Thurman, was charged in a six-count indictment with the first degree murder of Ronald Griffin (Ill. Rev. Stat. 1989, ch. 38, par. 9 — 1(a)). The jury returned a general verdict of guilty but mentally ill. The defendant raises the following issues on appeal: (1) whether he proved by a preponderance of the evidence that he was legally insane; (2) whether he was properly charged with felony murder; and (3) whether his conviction of first degree murder should be reduced to second degree murder. We affirm.

The record shows that the defendant was a patient and resident at the Tazwood Center for Human Services, a mental health facility. He was diagnosed as suffering from paranoid schizophrenia. The vietim, Ronald Griffin, was also a patient and resident at the Tazwood Center who had been diagnosed as suffering from schizophrenia.

On October 16, 1989, the defendant, Griffin, and other Tazwood Center patients attended a party at Tazwood’s Day Treatment Center for defendant’s former therapist who was leaving his employment at Tazwood. At approximately 11:30 a.m., the defendant and Griffin were involved in an altercation in the recreation room of the center. Griffin screamed in defendant’s ear, and defendant hit Griffin on the chin. After the party, at approximately 1:30 p.m., the defendant was seen leading the victim away from the center vfith his arm around Griffin as if he were trying to keep him from falling down. Defendant took Griffin five or six blocks to a nearby park. Upon reaching the park, the defendant and Griffin engaged in a struggle during which the defendant killed Griffin by striking him on the side of the head with a blunt object and stabbing him twice in the chest and five times in the back.

At approximately 3:30 p.m., the defendant entered the Tazewell County sheriff’s office. His clothes were stained with the blood of the victim. Defendant told a deputy sheriff that he had been in a fight and that the other person “may be dead.” Defendant then handed the deputy a slide-out knife and said that he had used the knife to stab Ron Griffin. He told the deputy that the fight had started because Griffin threatened to kill him, his mother, and his girlfriend. Defendant showed the authorities where the body was located and was then taken to the Pekin police department.

At approximately 4 p.m., the defendant spoke with a Pekin police officer about the incident and said that he had fought with the victim and killed him. He said he was waiting for a chance to get the victim and that he “got the son-of-a-bitch.” Defendant also told the police officer that the victim had psychic powers, was part of the “Jewish mafia,” and had threatened to kill the defendant and his girlfriend.

Defendant then made a number of delusional statements to the police officer. He stated that he did not want his picture in the newspaper because there were people who could read minds through the retinae of the eyes. He said that he had once been kidnapped and brainwashed by Iranians armed with AK-47 assault rifles. He told the police officer that he occasionally worked for the sheriff’s office and was conducting surveillance on an “Iranian trailer.” Defendant stated that while he was watching the trailer, one of the Iranians shot at him. He said he then contacted a deputy who called in an air strike on the trailer, killing all the Iranians. Defendant related a number of similar delusional stories to the police officer.

At trial, defendant raised the affirmative defense of insanity. The jury returned a verdict of guilty but mentally ill on the charge of first degree murder. Defendant was sentenced to 23 years’ imprisonment. This appeal followed.

We first address defendant’s contention that he proved by a preponderance of the evidence that he was not guilty by reason of insanity. Defendant argues that he presented sufficient evidence for the jury to have found that he suffered from a mental disease which substantially impaired his ability to appreciate the criminality of his conduct. When a defendant raises the affirmative defense of insanity, he must show by a preponderance of the evidence that he was legally insane at the time of the offense. (Ill. Rev. Stat. 1989, ch. 38, par. 6— 2(e).) Section 6 — 2 of the Criminal Code of 1961 provides in relevant part:

“(a) A person is not criminally responsible for conduct if at the time of such conduct, as a result of mental disease or mental defect, he lacks substantial capacity either to appreciate the criminality of his conduct or to conform his conduct to the requirements of law.
* * *
(c) A person who, at the time of the commission of a criminal offense, was not insane, but was suffering from a mental illness, is not relieved of criminal responsibility for his conduct and may be found guilty but mentally ill.
(d) For purposes of this Section, ‘mental illness’ or ‘mentally ill’ means a substantial disorder of thought, mood, or behavior which afflicted a person at the time of the commission of the offense and which impaired that person’s judgment, but not to the extent that he is unable to appreciate the wrongfulness of his behavior or is unable to conform his conduct to the requirements of law.” (Ill. Rev. Stat. 1989, ch. 38, par. 6 — 2.)

The issue of a defendant’s sanity at the time of the offense is generally a question of fact, and a jury’s finding on that issue will not be disturbed unless it is contrary to the manifest weight of the evidence. People v. Janecek (1989), 185 Ill. App. 3d 89, 540 N.E.2d 1139.

At trial, the defense presented the testimony of a number of employees of the Tazwood Center who testified concerning the defendant’s various delusions and hallucinations. Defendant’s mother and stepfather testified that the defendant had been having delusions and fears about the “Jewish Mafia” and the “Iranians” for a number of years. Defendant’s mother also testified concerning the defendant’s history of extensive treatment for mental illness. She gave numerous accounts of defendant’s episodes of hallucination and stated that he claimed to have been “hearing voices” since high school.

The defense also called two expert witnesses. The first was Dr. Robert Chapman, a licensed psychiatrist. Chapman testified that approximately three months after the offense he interviewed the defendant and reviewed his psychiatric and medical history. During the interview, defendant told Chapman of his fears concerning the “Jewish Mafia” and the “Iranians” and claimed that Ron Griffin had been “out to get him.” The defendant gave Chapman the following account of the events of October 16, 1989:

“At the party, I went downstairs to the kitchen. Ron came down and was loud and boisterous and said he was glad Rick [defendant’s former counselor] was leaving and was going to leave and bumped into me and I hit him. Ron looked at me hard and threatened me with ‘be careful as you walk away or else.’
Ron left to go to the Shell station to make a phone call to call the Jewish mafia in Chicago.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

People v. Nelson
2025 IL App (5th) 210098-U (Appellate Court of Illinois, 2025)
People v. Harris
2021 IL App (5th) 180023-U (Appellate Court of Illinois, 2021)
People v. English
952 N.E.2d 677 (Appellate Court of Illinois, 2011)
People v. McDonald
Appellate Court of Illinois, 2002
People v. Williams
732 N.E.2d 767 (Appellate Court of Illinois, 2000)
People v. Willliams
Appellate Court of Illinois, 2000
People v. Morgan
Appellate Court of Illinois, 1999
People v. Gilmore
653 N.E.2d 58 (Appellate Court of Illinois, 1995)
People v. Sojak
652 N.E.2d 1061 (Appellate Court of Illinois, 1995)
People v. Fierer
631 N.E.2d 1214 (Appellate Court of Illinois, 1994)
People v. Aspelmeier
621 N.E.2d 228 (Appellate Court of Illinois, 1993)
People v. Baker
625 N.E.2d 719 (Appellate Court of Illinois, 1993)

Cite This Page — Counsel Stack

Bluebook (online)
584 N.E.2d 1069, 223 Ill. App. 3d 196, 165 Ill. Dec. 635, 1991 Ill. App. LEXIS 2234, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-thurman-illappct-1991.