People v. Williams

695 N.E.2d 380, 182 Ill. 2d 171, 230 Ill. Dec. 890, 1998 Ill. LEXIS 356
Illinois Supreme Court·Decided March 19, 1998·No. 80242·Published·Cited by 30 cases

Opinion

JUSTICE NICKELS

delivered the opinion of the court:

Defendants Remon Williams, Michael Coleman, and Sherrell Towns were all indicted in the circuit court of Madison County on five counts of first degree murder (720 ILCS 5/9 — 1(a) (West 1994)), arising from the November 17, 1993, shooting deaths of five individuals. Williams and Coleman were tried jointly and a jury found both guilty on all counts. Williams waived his right to be sentenced by the jury and the trial judge determined he was eligible for the death penalty based on the aggravating factor that he was convicted of murdering two or more individuals. See 720 ILCS 5/9— 1(b)(3) (West 1994). After considering factors in aggravation and mitigation, the trial judge determined that there were no mitigating factors sufficient to preclude the imposition of the death penalty. Accordingly, Williams was sentenced to death. See 720 ILCS 5/9 — 1(h) (West 1994).

Codefendant Coleman was sentenced to natural life imprisonment. See 730 ILCS 5/5 — 8—l(a)(l)(c)(ii) (West 1994). Codefendant Towns was tried separately and was found guilty on five counts of first degree murder (720 ILCS 5/9 — 1(a) (West 1994)). Towns was sentenced to death, and his convictions and sentence were affirmed on direct appeal by this court in People v. Towns, 174 Ill. 2d 453 (1996). The instant appeal involves only Remon Williams’ convictions and sentence. Williams’ sentence has been stayed pending this appeal. Ill. Const. 1970, art. VI, § 4(b); 134 Ill. 2d Rs. 603, 609(a).

BACKGROUND

Evidence presented at trial revealed the following. On November 17, 1993, Kim Fulton and her three children lived with Jeff Mosby in a trailer located at 204 Hare Street in Eagle Park. Kim left home that night about 8:30 p.m. to run some errands. At that time, Mosby was at home barbecuing and watching the three children. Sometime later in the evening, Mosby and the children were watching television when three men entered the trailer. Christopher Fulton, Kim’s eight-year-old son, identified one of the men as “Little Mike,” whom Christopher knew previously from the neighborhood and whom Christopher believed lived in the trailer next door. The men made Christopher lie on the floor with his face down. Little Mike and one of the other men then went into the back room of the trailer and Christopher heard Little Mike ask Mosby where their mail was. The men returned to the front room of the trailer and Little Mike yelled at Mosby and then shot him in the chest.

Kim returned home at about 10:30 p.m. with a friend, Demetria Mclntire. Upon arriving at her trailer, Kim noticed a green minivan parked in the driveway of the neighboring trailer. Kim then saw three persons jump into the green minivan, and it pulled away in a hurry. When Kim and Mclntire entered the trailer, they saw Mosby lying on the floor. Kim’s children said “they killed Jeff.” Kim asked Christopher what happened and in response Christopher kept repeating “the boy next door.” Mclntire called 911 and Kim went outside and yelled for David Thompson who was next door. The door to Thompson’s trailer was cracked open but no one responded to Kim’s calls.

At trial, Christopher identified Coleman as being “Little Mike,” the man who shot Mosby. On cross-examination, defense counsel elicited that during the police investigation into the murders Christopher was shown a photographic array of five men, which included Williams’ picture. Christopher selected three men out of the array who he believed resembled the three men who entered his trailer that night. However, Christopher did not identify Williams as one of the intruders. Kim was unable to identify any of the three persons she saw get into the green minivan. Mclntire did not see either the people or a minivan outside the neighbor’s trailer; however, she was not wearing her glasses at the time and she does not see well at night without them.

State Police Officer Michael Terrell received a call at 10:28 p.m. the night of the murders. He responded to 204 Hare Street in Eagle Park. Terrell arrived at the same time as an ambulance, and the ambulance personnel attempted to resuscitate Mosby. After speaking with Kim regarding what had occurred, Terrell went next door to 206 Hare Street. Terrell found the front door of the trailer partially open. Terrell entered the trailer and immediately saw three men lying on the floor. The men had their hands bound with duct tape and tape had also been placed over their mouths. Terrell observed that all three men had massive head wounds and were lying in pools of blood. When Terrell noticed one of the men move, he returned next door to bring paramedics to the scene. Terrell returned to the trailer with paramedics, who attempted to resuscitate the man without success. At that time, Terrell discovered the body of another man to the right of the door.

The four men discovered in the trailer at 206 Hare Street were Marion Jennings, Bedford Jennings, Cedric Gardner, and David Thompson. Bedford Jennings, Gardner, and Thompson all had their hands and ankles bound with duct tape. It was stipulated at trial that all four men had died of gunshot wounds. Gardner, Thompson, and Bedford Jennings all died of a single gunshot would to the head. Marion Jennings suffered separate gunshot wounds to the chest and head, with the head wound being the fatal wound. In addition, it was stipulated that Mosby died of a single gunshot to the forearm which passed into his chest causing the fatal wound.

There were no other witnesses to any of the shootings, but several prosecution witnesses gave testimony regarding events they observed on November 17 which may have been connected to the crimes. At about 9:45 p.m., Yuenna Sander was speaking with her brother, Bedford Jennings, on the telephone when she heard a gunshot. Bedford’s phone was then hung up. Sander immediately called Bedford back but his answering machine answered the call. Sander did nothing more that night because she believed that Bedford and his roommates were just playing with guns, as they often did. Sander also testified that she had been present at the trailer at 206 Hare Street several times and was aware that drugs were being sold at the residence.

Candice Branch, a sixth-grade student who lived on Hare Street, was returning home from a school program some time between 9:30 p.m. and 10:00 p.m. While walking past Thompson’s trailer, Branch saw three boys outside in the yard. A van was also parked outside the trailer. Branch heard one of the three boys say “let’s go do this” or “let’s smoke them.” Branch ran home after hearing this. Although Branch could not identify anyone in the courtroom, she did pick Towns from a photo array as resembling one of the boys she saw that night.

Darren Wise, an Eagle Park resident, was walking to a tavern sometime between 9 and 10 p.m. As he was walking, a turquoise-green Chrysler van traveled past him in the direction of Hare Street. Wise was unable to see anyone inside the van. Wise returned home briefly to retrieve something he had forgotten. After leaving his home again, Wise heard a gunshot, but he continued on to the tavern.

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People v. Williams, 695 N.E.2d 380, 182 Ill. 2d 171, 230 Ill. Dec. 890, 1998 Ill. LEXIS 356 (Ill. 1998).

695 N.E.2d 380 (People v. Williams) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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