People v. Williams

422 N.E.2d 1091, 97 Ill. App. 3d 394, 52 Ill. Dec. 882, 1981 Ill. App. LEXIS 2817
Appellate Court of Illinois·Decided June 16, 1981·No. 80-207·Published·Cited by 12 cases

Opinion

Mr. JUSTICE PERLIN

delivered the opinion of the court:

Defendant, LaWeeda Williams, and her co-defendant, Michael Johnson, were charged by indictment with two counts of attempt murder, one count of armed robbery, two counts of unlawful restraint, one count of unlawful use of weapons and two counts of armed violence. Following a jury trial, defendant Williams was found guilty of armed robbery and was sentenced to serve nine years in the Illinois Department of Corrections. From that judgment Williams appeals, presenting the following issues for review: (1) whether the trial court’s failure to give the jury the second paragraph of the Illinois Pattern Jury Instructions (hereinafter IPI) on the presumption of innocence and reasonable doubt (IPI Criminal No. 2.03) requires reversal of defendant’s conviction; (2) whether the jury should have been instructed on the affirmative defense of compulsion; (3) whether defendant was prevented from testifying as to her state of mind during the armed robbery; (4) whether the trial court should have included in the armed robbery issues instruction the requirements of accountability; and (5) whether error was committed in defendant’s sentencing. For the reasons hereinafter set forth, we affirm the judgment of conviction and the sentence imposed thereon.

Shortly before midnight on September 12, 1978, the Burger King restaurant at 12701 Ashland Avenue in Calumet Park was robbed. Immediately prior to the robbery there were seven persons present in the restaurant — Gail Harmsa, who was there to visit her friend Bob Crnogorace, a night manager who was not working that evening, and five employees, Carlotta Bernal, Donald Nelson, Marianne Gerritson, Gertrude Early and Ray Hernandez. Harmsa and all of the employees on duty except Hernandez testified for the State.

Carlotta Bernal, the cashier, was standing by the order counter when Michael Johnson, Williams’ co-defendant, approached her and ordered a fish sandwich. Bernal placed the order and stepped over to the sandwich counter to see if Marianne Gerritson had finished preparing it. As Bernal turned around, Johnson displayed a sawed-off shotgun, pulled a scarf over his face, jumped over the front counter and walked to the back of the restaurant. A tall black male, later identified as Lonnie Arsbury (Asenbury), came up behind Gail Harmsa and ordered her not to turn around. Arsbury, who was armed with a semiautomatic pistol, instructed Bernal, Harmsa and Ray Hernandez to proceed to the office area in the back of the restaurant. Arsbury also told Donald Nelson and Marianne Gerritson, the two employees at the sandwich making counter, to go to the back office. There they joined Gertrude Early, the night manager on duty, and Harmsa’s friend Bob Crnogorace, who were being held at gunpoint by Johnson.

Defendant Williams entered the office area after Arsbury, Harmsa and Hernandez. Arsbury and Johnson ordered everyone to lay down on the floor. Defendant Williams did not get on the floor and none of the State’s witnesses saw either Arsbury or Johnson point a gun at her. Williams did not menace or threaten any of the employees or give them any orders. Although no one inside the restaurant ever saw Williams with a weapon, one of the police officers who arrived at the scene a few minutes after the robbery commenced, J. Kraft, testified that as he peered through the front doors of the Burger King he observed Williams holding a small caliber handgun which was later recovered by the police.

In the back office defendant Johnson moved next to the safe and ordered Early, the manager, to open it. Before she could comply, a customer came into the restaurant which had not yet closed. Defendant Williams said, “there is somebody out there who wants food,” or words to that effect. Arsbury told Williams to watch the employees. Williams moved her hands in her pockets and nodded affirmatively. Arsbury then ordered Early to lock the doors and get rid of the customer. He followed her out into the front of the restaurant, picked up a broom and pretended to be sweeping while Early told the customer, “I’m closing. I’m out of everything, please leave. I’m going to lock the doors.” Arsbury then instructed Early to turn off the lights in the restaurant. Early had to go through the office area to do so. As Early started turning off the lights, Williams asked her what she was doing. Early responded that she was doing what she had been told to do. Neither Johnson nor Arsbury was present with defendant Williams and Early at that moment.

After Arsbury returned to the office area, he ordered Early to open the safe. While she was doing this, the telephone rang. Johnson told Early to answer it. She picked up the receiver, answered a few questions, then hung up the telephone. At Arsbury’s direction, Johnson took Early’s purse, emptied its contents and started stuffing it with the money from the safe. Arsbury helped Johnson fill the purse with all the paper money and rolled change from the safe. Arsbury and Johnson asked the employees if there was any more money. Early informed them that there were two cash register drawers in front. Johnson ordered Early to retrieve them and stood by the door with the shotgun pointed at her back as she went to get them. Early brought the register drawers back into the office area where Arsbury and Johnson emptied them.

At this point in the robbery there was a knock at the back door. Arsbury ordered Early to answer it and followed her to the back door with his gun pointed at her back. When Early asked who it was, Sergeant William Godbout replied that it was the police. Arsbury took Early back into the office area. Johnson and defendant Williams asked Arsbury who it was and what they were going to do. Arsbury grabbed Early and told her that she was coming with them. Johnson pointed the shotgun at Early and handed the purse with the money to Williams who accepted it. Johnson seized Gail Harmsa and told her to get up and threatened to shoot her if she tried anything. Arsbury asked Early if there was a basement to the building. She said there was none.

At gunpoint, Johnson and Arsbury forced Harmsa and Early to the back door of the restaurant. Defendant Williams followed Johnson and Arsbury. When Arsbury opened the back door, Sergeant Godbout, who was standing behind a 1974 Chevy parked in the back lot, told them to surrender. Arsbury closed the door momentarily, then reopened it. Arsbury forced Early to walk directly in front of him with his pistol in her back. He warned the officer, “I have hostages here, get out of here or we’ll kill you, and we’ll kill them, too.” Arsbury then fired one shot at Godbout which missed him and struck the windshield of the car. Johnson and Harmsa were standing next to Arsbury and Early when Arsbury fired at the officer.

As they proceeded further outside, Arsbury held his pistol to Early’s head, and Johnson kept the barrel of his shotgun pressed against Harmsa’s back. Defendant Williams followed them. All five walked toward an AMC Gremlin parked in the back lot which Arsbury, Johnson and Williams had borrowed earlier that evening from Loretta Colburn. Williams opened the passenger door and flipped the passenger seat forward so Johnson and Harmsa could get into the back seat. Johnson was pointing his shotgun at Harmsa’s head. Arsbury and Early got into the front seat. Arsbury continued to hold his gun to Early’s head. Defendant Williams entered the driver’s side, started the car and asked Arsbury where she should go.

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People v. Williams, 422 N.E.2d 1091, 97 Ill. App. 3d 394, 52 Ill. Dec. 882, 1981 Ill. App. LEXIS 2817 (Ill. Ct. App. 1981).

422 N.E.2d 1091 (People v. Williams) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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