People v. VanHoose

2020 IL App (5th) 170247, 159 N.E.3d 518, 442 Ill. Dec. 339
Appellate Court of Illinois·Decided July 23, 2020·No. 5-17-0247·Published·Cited by 17 cases

Opinion

2020 IL App (5th) 170247

NOTICE

Decision filed 07/23/20. The text of this decision may be NO. 5-17-0247 changed or corrected prior to the filing of a Petition for IN THE Rehearing or the disposition of the same.

APPELLATE COURT OF ILLINOIS

FIFTH DISTRICT

THE PEOPLE OF THE STATE OF ILLINOIS, ) Appeal from the ) Circuit Court of

Plaintiff-Appellee, ) St. Clair County.

)

v. ) No. 16-CF-1278 )

BRADLEY VANHOOSE, ) Honorable ) Randall W. Kelley,

Defendant-Appellant. ) Judge, presiding.

JUSTICE MOORE delivered the judgment of the court, with opinion.

Justices Overstreet and Boie concurred in the judgment and opinion.

OPINION

¶1 Following a bench trial in the circuit court of St. Clair County, the defendant, Bradley VanHoose, was found guilty of assault and was sentenced to one year of court supervision. The defendant has brought before this court a direct appeal challenging the sufficiency of the evidence upon which the trial court’s judgment was made, as well as alleging the trial court failed to properly admonish him pursuant to Illinois Supreme Court Rule 401(a) (eff. July 1, 2984) regarding his right to have counsel represent him during posttrial proceedings.

¶2 After review of the record and evidence before the trial court, we find the trial court erred in finding the defendant guilty of the lesser-included offense of assault, where no rational fact finder could have found him guilty of that offense beyond a reasonable doubt. When viewed in the light most favorable to the prosecution, the State only proved that the defendant verbally threatened

to harm the victim at some future time. Therefore, the evidence was insufficient to find him guilty of assault.

¶3 Additionally, the defendant, in the alternative, alleges that the judgment of the court should be vacated because the trial court failed to inform him of his right to be represented by counsel as required by Illinois Supreme Court Rule 401(a)(3) (eff. July 1, 1984). This issue is rendered moot by our reversal of the trial court’s judgment; therefore, we do not address that issue in this opinion and do not recite the facts relevant specifically to that issue.

¶4 I. BACKGROUND

¶5 This case involves three individuals: the defendant, Bradley VanHoose; radio talk show host Robert Romanik; and former Caseyville mayor Leonard Black. Though the altercation at the focus of this case occurred on April 15, 2016, we must first discuss various interactions that occurred between these three individuals prior to that date in order to place the events of April 15, 2016, in context.

¶6 On March 21, 2016, Romanik was hosting his radio show live in front of the St. Clair County courthouse. The defendant was present at the live show to protest against Romanik. While protesting, Romanik and the defendant exchanged words. According to testimony from the defendant, while speaking on his radio show, Romanik commented that the defendant better be careful what he says to him because Romanik could be the defendant’s father. Romanik then went on to make a comment about whether or not he would have intercourse with the defendant’s mother. The defendant responded in kind and made a derogatory comment about Romanik’s son.

¶7 The following day, Romanik had a discussion on his radio show about how several callers had informed him that one of the protesters at the courthouse was a pedophile. In his testimony at trial, Romanik denied ever specifically referring to the defendant as the pedophile protester.

However, the defendant testified that “there was no [sic] nobody else [at the live broadcast]” and, thus, he knew Romanik was referring to him.

¶8 Romanik, in his testimony, did admit to calling the defendant “Brad VanLoser” on his radio show on multiple occasions, as well as calling him a “no-good son of a b***” and telling him to “get a job.” The defendant testified that on April 13, 2016, Romanik stated that he had talked to the defendant’s estranged father. According to the defendant, he received a phone call from his father, whom he had not spoken to in nearly two years. In that call, the defendant’s father used profanities towards the defendant and said that the defendant was the “pedophile protester.”

¶9 The defendant testified that he believed Black was responsible for giving Romanik the idea of contacting his father because Black knew the defendant’s father and knew that the defendant and his father were not on good terms. Further, Black knew that the defendant especially detested pedophiles and believed Black instructed Romanik to use that particular allegation against him. The Black and VanHoose families were well acquainted because Black’s son married the defendant’s sister and because the defendant had supported Black during his campaign for mayor. Black and the defendant had a falling out after Black was elected. The defendant became publicly critical of Black’s performance in office and his dealings with Romanik, especially his alleged receiving of undisclosed gifts from Romanik.

¶ 10 On April 15, 2016, Black and Romanik agreed to meet at the South Main Diner for coffee around 4 p.m. At that same time, the defendant was at an establishment called Jessie’s Hideout, which is located on a lower level below the diner.

¶ 11 The defendant testified he had been riding his motorcycle that day and stopped to make a phone call at Jessie’s Hideout. While using his phone out on the patio, he saw Black walking through the parking lot. At that time, he confronted Black, testifying that “I gave him a piece of

my mind for [Romanik] calling me a pedophile and my dad calling—you know, bringing my father into the—the discourse.” The defendant then testified that after the initial confrontation, he returned to Jesse’s Hideout to retrieve his keys. He then mounted and started his motorcycle. While on his motorcycle, he saw Romanik pull into the parking lot. According to the defendant, Romanik was not present during the initial interaction between Black and himself. The defendant further testified, “Romanik got out of his car, and all I saw was the gesticulations, his arms and his mouth going, I really couldn’t hear him.” The defendant then responded by stating to Romanik, “Do you remember me? I’m the fella you’ve been calling the pedophile protester on the air. Do you feel like calling me that now?” Then the defendant left on his motorcycle while Romanik “kept cussing *** went in [the diner] and did *** crotch grabbing.” The defendant denied ever making any specific threats of violence to Black or making any death threats to anyone.

¶ 12 Black and Romanik offered different accounts of the April 15, 2016, altercation. According to Black, he first saw the defendant once Black entered the South Main Diner parking lot. Black heard the defendant “cussing and carrying on, calling me names, said he’s going to get me *** called me a worm and SB’s.” Black testified he was nervous as to what the defendant might do. Black kept walking up the incline towards the diner entrance, and the defendant followed him “as far as he could go because [of] the retaining wall, and then I kept going, and he’s still hollering and screaming at the top of his voice at me.” The defendant then went back into Jessie’s Hideout. The defendant then returned “flying up the hill” as Black was still walking towards the entrance and “pull[ed] along [Black] on the motorcycle.” At that time, the defendant saw Romanik at the top of the hill in his vehicle and started yelling, “I’m going to kill you,” “I’m going to kill yous [sic] both,” and then the defendant left. Black testified that the defendant had not called him names like that or made comments of a personal nature like that prior to this incident. On cross-

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People v. VanHoose, 2020 IL App (5th) 170247, 159 N.E.3d 518, 442 Ill. Dec. 339 (Ill. Ct. App. 2020).

2020 IL App (5th) 170247 (People v. VanHoose) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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People v. VanHoose
2020 IL App (5th) 170247 (Appellate Court of Illinois, 2020)