People v. Walters

387 N.E.2d 1230, 69 Ill. App. 3d 906, 26 Ill. Dec. 302, 1979 Ill. App. LEXIS 2259
CourtAppellate Court of Illinois
DecidedFebruary 20, 1979
Docket77-1302
StatusPublished
Cited by27 cases

This text of 387 N.E.2d 1230 (People v. Walters) 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. Walters, 387 N.E.2d 1230, 69 Ill. App. 3d 906, 26 Ill. Dec. 302, 1979 Ill. App. LEXIS 2259 (Ill. Ct. App. 1979).

Opinion

Mr. JUSTICE PERLIN

delivered the opinion of the court:

After a jury trial defendant was convicted of murder and attempt armed robbery and sentenced to concurrent prison terms of 50 to 100 years for murder and 5 to 15 years for attempt armed robbery. Defendant appeals presenting the following issues for review: (1) whether defendant was convicted of attempt armed robbery beyond a reasonable doubt; (2) whether defendant was adequately informed of his right to the presence of appointed counsel during interrogation; (3) whether the trial court erred in denying defendant’s motion in limine and in allowing defendant’s statement to be read to the jury; (4) whether the trial court erred in giving an instruction defining the elements of murder in terms of felony-murder by the commission or attempt of armed robbery; and (5) whether the trial court erred in giving an instruction regarding confessions.

We affirm.

On April 7,1974, at approximately 8 p.m., Willie Connolly 1 was shot and killed at 5100 South State in Chicago, Illinois. Defendant, Terrell Walters, was arrested on April 10, 1974, and charged with murder and armed robbery.

Prior to trial, defendant filed motions to quash his arrest and to suppress evidence and to suppress defendant’s statements to police. The following testimony was adduced at the hearing on the motions: Police officer John Kennedy testified that on April 10,1974, he was investigating a series of robberies and murders. Kennedy and his partner, Francis Kehoe, went to 4947 South Federal to search a laundry room on the 16th floor of that building for a weapon. Officer Kennedy testified that he saw defendant in the elevator and heard a girl refer to defendant as “Turtle.” Kennedy was not actively seeking a person named “Turtle,” but he knew that a person named “Turtle” was a member of a gang in the area. Kennedy and Kehoe told defendant they were investigating several murders in the area and they wanted to talk to him. Defendant denied any knowledge of the murders but expressed concern and agreed to help police. After Kennedy and Kehoe searched the laundry room to no avail, defendant went with them to their squad car. Defendant was not handcuffed or placed under arrest. As they were walking toward the car, Kennedy saw a group of men which dispersed as the officers approached. One man, Kenneth Ash, remained, and he agreed to accompany the officers to police headquarters at 51st and Wentworth.

Officer Kennedy testified that neither defendant nor Ash was handcuffed, and both sat in the back seat of the car. A pat down search of defendant was made before defendant entered the car. At the station defendant and Ash were placed in separate interview rooms on the second floor. Kennedy had a conversation with defendant, and defendant denied any knowledge of the murders. Defendant offered to speak with Ash and tell him to cooperate, but the officers declined the offer and told defendant he could wait for Ash if he wanted. The officers then had a conversation with Ash in which Ash denied any involvement in the murders but stated that he had knowledge of an incident at 5100 South State. Ash stated that on the day after the murder, defendant told Ash that he and another had killed a man in a “stickup.” Ash further stated that defendant showed him a .357 magnum revolver that he kept in his belt. Kennedy then locked the door of the room in which defendant was sitting.

Officer Kennedy testified that after finishing the interview with Ash, the officers told defendant he was under arrest and advised him of his rights. Defendant stated that he understood his rights, and he again denied any knowledge of the murders. The officers brought Ash into the room, and Ash repeated what he had told the officers. Officer Kennedy testified that defendant then stated that he was present at the scene of the murder, and a statement was taken.

On cross-examination Officer Kennedy testified that prior to questioning, defendant was told he was a suspect and was advised of his rights. After the initial conversation, the officers left defendant alone in the room with the door open; defendant was told he could leave, but he indicated he wanted to wait for Ash. After Ash gave a statement, defendant was placed under arrest and handcuffed. Officer Kennedy testified that he did not have a warrant for defendant’s arrest and did not observe defendant committing any crime. Kennedy did not see anyone strike, threaten or abuse defendant.

Officer Francis Kehoe testified to substantially the same facts as Officer Kennedy, except that Officer Kehoe testified defendant was not told he was a suspect in the murders and robberies. The court denied the motions to quash the arrest and to suppress the statements.

Defendant also presented a motion in limine seeking to bar the State from introducing at trial those portions of defendant’s statements which referred to crimes other than the offenses for which defendant was being tried. The court denied the motion.

The following evidence was adduced at trial: Larry Boswell (16 years old) testified that he had lived at the Robert Taylor Homes at 5100 South State for about 11 years, but that he was not living there at the time of the incident in question. On April 7,1974, at approximately 8 p.m. he was at 5100 South State and he saw defendant and Vince Herbert. Boswell knew defendant and Herbert from school and around the neighborhood. Boswell made an in-court identification of defendant and stated that defendant was also known as “Turtle.” While Boswell was talking to Herbert about a debt due him from Herbert, defendant walked over and stated, “Give him the stick.” Boswell saw a person known as “Mr. Cat” coming from the parking lot and going toward the elevators. Herbert then took a gun from his coat and gave it to defendant. Boswell testified that defendant stated something to the effect that he was going to rob the man (Boswell could not remember the exact words). Boswell then saw defendant walk toward the man with the gun in his hand, and Boswell ran to the second floor by way of the stairs. Boswell heard one shot and then went to the sixth floor to see a friend and went home.

Boswell testified that he never went to the police because he was scared and did not want to get involved. The police came to his house on November 28, 1974, and they took him to the station. Boswell testified that he did not know defendant had been arrested.

Officer John Maciejewski testified that on April 7, 1974, at approximately 8 p.m. he was exiting the station at 51st and Wentworth when he heard a loud sound like a gunshot come from a building at 5100 South State. Officer Maciejewski went to the building and when he arrived a man came running, saying that someone had been shot. Officer Maciejewski observed a man lying near the elevator; he checked for vital signs but detected no signs of life. He then called for assistance, and a wagon came and removed the body. Officer Maciejewski testified that a crowd gathered at the scene, and he talked to several people, but no one gave any descriptions of suspects. He did not see Larry Boswell at the scene, and no weapon was recovered.

Betty Hill testified that the deceased, Willie Connolly, was her brother and that his nickname was “Catalan.”

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Bluebook (online)
387 N.E.2d 1230, 69 Ill. App. 3d 906, 26 Ill. Dec. 302, 1979 Ill. App. LEXIS 2259, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-walters-illappct-1979.