People v. Towns

675 N.E.2d 614, 174 Ill. 2d 453, 221 Ill. Dec. 419, 1996 Ill. LEXIS 125
CourtIllinois Supreme Court
DecidedDecember 19, 1996
Docket78886
StatusPublished
Cited by82 cases

This text of 675 N.E.2d 614 (People v. Towns) is published on Counsel Stack Legal Research, covering Illinois Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
People v. Towns, 675 N.E.2d 614, 174 Ill. 2d 453, 221 Ill. Dec. 419, 1996 Ill. LEXIS 125 (Ill. 1996).

Opinion

JUSTICE FREEMAN

delivered the opinion of the court:

Following a trial in the circuit court of Madison County, a jury found defendant, Sherrell Towns, guilty of five counts of first degree murder. 720 ILCS 5/9 — 1(a) (West 1992). That same jury found defendant eligible for the death penalty based on the aggravating factor that he killed two or more individuals. See 720 ILCS 5/9— 1(b)(3) (West 1992). It further concluded that there were no mitigating factors sufficient to preclude the imposition of the death penalty. Accordingly, the trial judge sentenced defendant to death on each count. The sentences have been stayed pending direct appeal to this court. Ill. Const. 1970, art. VI, § 4(b); 134 Ill. 2d R. 603. For the reasons that follow, we affirm both the convictions and the sentences.

BACKGROUND

This case involves the execution-style murder of five men in Madison, Illinois. The State’s primary evidence against defendant came from defendant’s own admissions to both his acquaintances and to police and can be summarized as follows. On the evening of November 17, 1993, defendant, who was accompanied by Remon Williams and Michael Coleman, drove his dark green van to the trailer home of David Thompson. Thompson’s trailer was widely known in the community as a place where drugs could be purchased. The trailer was surrounded by a chain fence, and its windows were secured with iron bars. Thompson carried the only key to the trailer and had complete control over who entered the premises. In fact, it was his policy to admit only those people whom he knew.

Defendant and his cohorts gained entry to the trailer because Coleman knew Thompson. Defendant and Williams sat in the living room while Coleman went into the kitchen. After a couple of minutes, Coleman called out to someone who was in a back room. When that person came out, defendant, Coleman, and Williams all brandished guns. Defendant had a 9 millimeter pistol, and Coleman and Williams both carried .380-caliber handguns. According to defendant, three other men besides Thompson were in the trailer at the time.

All four of the trailer occupants were then ordered to get down on the floor. One of the men, however, reached for defendant’s gun, and defendant shot him in the chest. Although the man "went down,” defendant stated that he did not die from the wound because he continued to talk the entire time they were there. Defendant and his accomplices then demanded that the men give them all of their money,, and defendant and Coleman searched the trailer. When no money was found, Thompson told them that it was kept by a relative in a neighboring trailer.

Defendant bound two of the men with duct tape and accompanied Coleman and Thompson to the trailer next door. According to defendant, a man, later identified as Jeff Mosby, responded to their knock on the door. Thompson asked him to get the money, but Mosby "just kind of stood there.” Defendant and Coleman pushed their way into the trailer and ordered Mosby to get down on the floor. Instead of complying, Mosby remained standing, with what defendant characterized as a "what’s up type look on his face.” Defendant also acknowledged that Mosby acted as if he did not really know what they were talking about. Mosby was again told to get down on the floor, and defendant shot him when he remained standing. The subsequent search of Mosby’s trailer revealed no money. When defendant and Coleman asked Thompson why there was no money in the trailer, Thompson told them that Mosby’s aunt did not trust Mosby with the money because he "smokes dope,” and that she must have put it in the trunk of her car.

Upon their return to Thompson’s trailer, defendant bound Thompson with duct tape. At that time, defendant, Coleman, and Williams decided to leave. As they started to depart, they saw a car come down the road so they returned to the trailer. Defendant and Williams asked Coleman what he wanted to do because "these guys [knew his] face,” but did not know either of them. Coleman indicated to them that they should just leave them alone. But he then changed his mind, saying, "[T]hey know me. Let’s do them.” Defendant claimed that the four men in Thompson’s trailer were then shot by Williams, who used defendant’s 9 millimeter pistol. As the three were leaving Thompson’s trailer, defendant saw a car pull into Mosby’s driveway.

Thirteen-year-old Candice Branch saw defendant and two other men in front of Thompson’s trailer while she was walking home from a school program at approximately 10 p.m. on November 17. She heard one of the men say "let’s go do it,” or "lets go smoke these.” Branch became frightened and immediately ran home. Kimberly Fulton returned to the trailer home she and her children shared with Mosby at approximately 10 p.m. on the day in question. As she walked to her trailer, Fulton noticed three men leave Thompson’s trailer. The three men then sped away in a dark green van which had been parked in front of Thompson’s trailer. Fulton entered her trailer and found Mosby’s body sprawled across the floor. Mosby had been shot once, with the bullet passing through his left arm and into his chest. When Fulton asked her children what had happened, they responded that the "boys next door” had done it. Fulton then went to the trailer next door and saw that the front door was slightly ajar. Fulton returned to her trailer and dialed 911.

When the police arrived, they discovered Cedric Gardner, Thompson’s roommate, lying in Thompson’s kitchen. Gardner’s hands, feet, and mouth had been bound with duct tape, and he had been shot once in the head. Police also found the body of Bedford Jennings, bearing a similar wound and bound in similar fashion. Thompson’s body was also similarly taped, but it appeared as though he had pulled the tape apart from his hands. His body was found in the front foyer of the trailer. The fourth victim, Marion Jennings, who had not been bound, was shot once in the right side of the head and once in the chest. All of the victims were dead except for Gardner and Mosby, who were taken to a hospital where they were later pronounced dead. Police retrieved various items of physical evidence from both Thompson’s ’ and Mosby’s trailers, including the duct tape, bullet casings, and papers.

Based on statements given by Fulton and Branch, police sought the occupants of the dark green van. On the day after the murders, police stopped defendant while he was driving a dark green van. At that time, police merely ticketed defendant for driving on a suspended license. Defendant accompanied police to the station for an interview after the traffic stop and answered their questions regarding his whereabouts on the night of the murders. He told police that he had spent the day with his daughter and then had gone to his girlfriend’s home at 10 p.m. After checking on defendant’s alibi, police informed him that his girlfriend’s statement was inconsistent with his. Defendant then told the officers that he had met with Michael Coleman and two other men at about 9 p.m. The foursome traveled to East St. Louis where they remained until 11 p.m. Defendant then went to his girlfriend’s home where he spent the night. Police eventually released defendant from custody because they did not have enough evidence to charge him with the crimes.

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Cite This Page — Counsel Stack

Bluebook (online)
675 N.E.2d 614, 174 Ill. 2d 453, 221 Ill. Dec. 419, 1996 Ill. LEXIS 125, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-towns-ill-1996.