People v. Wheeler

777 N.E.2d 961, 334 Ill. App. 3d 273, 268 Ill. Dec. 38, 2002 Ill. App. LEXIS 912
CourtAppellate Court of Illinois
DecidedSeptember 27, 2002
Docket3-98-0998
StatusPublished
Cited by6 cases

This text of 777 N.E.2d 961 (People v. Wheeler) 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. Wheeler, 777 N.E.2d 961, 334 Ill. App. 3d 273, 268 Ill. Dec. 38, 2002 Ill. App. LEXIS 912 (Ill. Ct. App. 2002).

Opinion

PRESIDING JUSTICE HOMER

delivered the opinion of the court: The defendant, Derrick J. Wheeler, was convicted of first degree murder (720 ILCS 5/9 — 1(a)(1) (West 1996)) in the Will County circuit court. He claims that his convictions should be reversed because (1) he was not proven guilty beyond a reasonable doubt, and (2) the court erroneously admitted evidence from “invisible blood” testing. We remand for a Frye hearing on the “invisible blood” testing procedure.

BACKGROUND

Before the defendant’s trial, his attorney filed a motion in limine seeking, inter alia, to bar the State from presenting evidence from a Leuco-Malachite Green (LMG) test the police performed on his car. LMG is a chemical mixture used to detect latent blood on a surface. The defendant’s attorney argued that the test results were highly prejudicial and lacked probative value. The judge reserved his ruling on the LMG portion of the motion.

The case proceeded to trial on September 9, 1998. The State’s first witness was Jacques Buckley, who testified that he was a lifelong friend of Monte Love, the victim. Buckley said he and the defendant were “riding around” in the defendant’s yellow car in the early morning hours of June 18, 1997. They eventually picked up Love and drove to the defendant’s house, where Buckley and Love entered and bagged some “fake dope.” They exited the house after about 15 minutes, and the defendant said, “Let’s go.” Karen Washington and another person were also outside the house at that time. The three men left in the defendant’s car with Buckley driving, Love in the front passenger seat, and the defendant in the backseat.

According to Buckley, they drove around the neighborhood and eventually detoured from Patterson Road because a train was crossing in front of them. Love then asked Buckley to stop the car so he could get out and relieve himself. Buckley said he stopped under a noisy highway, and Love exited the car followed by the defendant. Buckley then heard two quick gunshots. He looked back and saw Love lying on the ground and the defendant returning to the car. He began pulling away, and the defendant entered through the front passenger door with a gun in his hand. Buckley asked what happened, and the defendant told him not to worry about it. The defendant placed the gun in a bag and put it under the seat.

Buckley testified that he saw a white woman with a dog or a cat as they left the scene. He said they drove to a store, where he used the bathroom and left in the car with another man, named Lamaris George. The defendant was not with them at that time. Buckley said he told a man named Jermaine Holifield about the shooting the day after it happened. He acknowledged that he did not speak to the police about the shooting until a detective contacted him approximately 10 weeks later while he was in jail for a pending drug case. He testified that the defendant had threatened to “do” him also if he told anyone about the shooting.

In addition to this testimony, Buckley acknowledged that he had been convicted of three felonies and a misdemeanor, all involving acts of dishonesty. He also acknowledged that he was involved in a pending case for narcotics possession. In that case, in exchange for his testimony against the defendant, the State agreed that he would receive 30 months of probation, 180 days in the county jail, and drug counseling. The State also granted him immunity from any murder charges stemming from Love’s death.

The parties stipulated that Karen Washington would offer the following testimony if called as a witness. She was at the defendant’s house between 6:30 and 7 a.m. on the morning of the shooting. She observed Buckley, Love, and the defendant arrive in a yellow Oldsmobile Delta 88. The top of the Oldsmobile was the same color as the bottom, and she believed it belonged to the defendant. The three men left in the Oldsmobile around 7 a.m., after the defendant mentioned having something important to do. Buckley was driving, the defendant was in the front passenger seat, and Love was in the backseat. Washington heard that Love was dead about 30 to 45 minutes later.

Reginald Pinnick, one of Love’s friends, testified that he saw Love riding in the front passenger seat of a yellow car around 7 a.m. on the day of the shooting. He tried to stop the vehicle to speak with Love, but Love raised one finger as if to indicate he would be right back. Pinnick saw two other persons in the car whom he could not identify. He said he could not recall whether the car had a vinyl top and did not remember telhng police detectives it had a vinyl top. He also said the car resembled a yellow Oldsmobile Delta 88 depicted in People’s exhibit No. 6 (a photograph), but he could not definitely identify it as the Delta 88.

The parties next stipulated that a train crossed Patterson Road at approximately 7:35 a.m. on the morning of the shooting.

Camille Sharp testified that Interstate 80 is elevated “over the top of [her] backyard.” She said on the morning of the shooting, she went outside to get her dog and saw a man urinating beside a car that was facing her house. After unchaining her dog, she looked up and saw a second man, with a gun, standing behind the man who was urinating. The second man initially made an unsuccessful attempt to fire the gun. However, he made another attempt and shot the first man in the back of the head. Sharp saw “a big cloud of blood” followed by the victim falling backward to the ground. She said the shooter’s arms were outstretched in opposite directions, one reaching for the car door and the other pointing the gun. She further said the distance between the victim and the car was a “little over” the length of the shooter’s outstretched arms.

According to Sharp, the shooter fired two additional shots at the victim while attempting to enter the car. He then entered the car and it pulled away. Sharp believed there were two persons in the car at that time. She described the car as a large, white, four-door vehicle with chrome bumpers and a vinyl top that was a shade darker than the body.

Sharp called 911 after witnessing the shooting. She testified that she observed the shooter’s complexion and described his clothing to a police detective. When asked about the information in the detective’s report, she remembered telhng him the shooter wore a sports jersey with black and blue lettering on it and had a black “do-rag” on his head. However, she said she did not recall telling him the shooter’s complexion resembled a dark Mexican or a fight black man. Instead, she testified that she believed the shooter’s skin was darker than the victim’s skin.

Sharp viewed three or four cars at the police station and identified the one that most resembled the car used in the shooting. However, she later called the police and directed them to another car she had seen on her own. She testified that she directed them to the other car to show them what the car used in the shooting looked like.

Police officer James Kren testified that he arrived at the scene at approximately 7:30 a.m. He found a dead black male lying face-up under Interstate 80 with blood covering the right side of his face.

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Related

People v. Wheeler
929 N.E.2d 99 (Appellate Court of Illinois, 2010)
People v. McKown
875 N.E.2d 1029 (Illinois Supreme Court, 2007)
People v. Cumbee
851 N.E.2d 934 (Appellate Court of Illinois, 2006)
Commonwealth v. Hetzel
822 A.2d 747 (Superior Court of Pennsylvania, 2003)

Cite This Page — Counsel Stack

Bluebook (online)
777 N.E.2d 961, 334 Ill. App. 3d 273, 268 Ill. Dec. 38, 2002 Ill. App. LEXIS 912, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-wheeler-illappct-2002.