People v. Williams

582 N.E.2d 1355, 221 Ill. App. 3d 1061, 164 Ill. Dec. 411, 1991 Ill. App. LEXIS 1928
Appellate Court of Illinois·Decided November 15, 1991·No. 1-88-0272·Published·Cited by 12 cases

Opinion

JUSTICE GORDON

delivered the opinion of the court:

A jury found defendant, Perry Williams, guilty of armed robbery, and the court sentenced him to a 20-year term of imprisonment. On appeal, defendant contends that the trial court failed to ask the venire the questions required under People v. Zehr (1984), 103 Ill. 2d 472, 469 N.E.2d 1062; that the State failed to prove defendant guilty beyond a reasonable doubt due to insufficient identification testimony; and that the prosecutor made improper remarks in closing argument. We affirm.

Curtis Sims, manager of a Church’s Fried Chicken restaurant located at 2 South Pulaski in Chicago, testified at trial that on November 10, 1986, at approximately 8:20 p.m., defendant robbed the restaurant, taking $147. Sims heard the cashier call him, and he went out to the customer window where defendant stood, holding a gun, and demanding money from the register and from the extra money box kept under the counter. Defendant then came through the door into the cashier’s area. He took Sims, the cashier, the cook and a visitor to the back of the store, then to the office, where defendant took money from another cash box. Sims unlocked the back door, and defendant left.

Sims testified that about two weeks after the robbery, the police brought photographs of 14 men to his home and he identified defendant’s photograph. On December 4, 1986, Sims viewed a lineup at the police station and Sims again identified defendant. Sims later identified defendant at a preliminary hearing, and at trial. Sims testified that during the robbery he stood about a foot away from defendant for about 5 to 10 minutes. Nothing obstructed his view, and the lighting was good. Defendant was breathing “like [he was] either nervous or having an attack with something.” Sims testified that he described the robber to the police as weighing 175 to 180 pounds, measuring 5 feet 5 inches or 5 feet 6 inches tall, with a scar over his forehead, and that he was about 30 years old. Sims testified on cross-examination that he did not recall, but he “probably” told the police the offender was 5 feet 2 inches and 155 pounds. Until pointed out to him at trial, Sims never noticed a scar on the left side of defendant's neck. Defendant had worn a winter jacket during the robbery.

Tommy Jackson, the restaurant’s cook, testified for the State that defendant had committed the robbery. Jackson had initially stood about 10 to 12 feet away from defendant during the robbery. At one point, he stood one foot from defendant. He could see defendant plainly. Jackson identified defendant from 14 photographs shown to him by the police 10 days to two weeks after the robbery. “I recognized it right off the bat ***.” Jackson also identified defendant in a lineup on December 4, 1986. He denied telling the police that the robber was 5 feet 2 inches tall and weighed 155 pounds. In fact, he gave no description to the police on the night of the robbery.

Calvin Shavers, the store manager for a different Church’s restaurant, testified for the State that he was in Church’s at 2 South Pulaski on the night that defendant committed the robbery. Shavers stood eight feet from the cash register when defendant came in and demanded money. Defendant pushed Shavers and Jackson into the office. At that point, Shavers stood one foot from defendant. Shavers saw defendant for about half a minute. Shavers identified defendant in court. It was his first identification of defendant. He did not view a lineup or photographs, and only learned of the arrest about a month before trial. Shavers testified that he told the police that the offender was 5 feet 5 inches, in his late 30’s, and “had sort of like a hard time breathing.”

Lena Gholston, the 15-year-old cashier on duty in the restaurant that night, testified that a man who was breathing hard came into the store, pointed a gun at her, and demanded money. Gholston yelled for a manager, and Sims came out. The man pushed Gholston, Sims, Shavers and Jackson into the office, and demanded the extra money from the box, which they gave him. Defendant demanded that Sims unlock the back door, and defendant left. During most of the robbery, Gholston’s back was to the robber, as he held on to her shirt collar and held the gun at her back. She viewed his face for only IV2 minutes.

Gholston testified that she told the police the robber was a black male with a mustache, about 5 feet 4 inches tall, and that he was breathing heavily. She was not shown any photographs by the police. She viewed a lineup but could not identify anyone. “I didn’t want to identify anybody because I wasn’t sure who it was, and I didn’t want to send the wrong guy to jail.” On redirect examination, Gholston identified defendant in court as the robber, but also stated: “I’m not sure if that’s him, but it looks like him.” On re-cross-examination, Gholston testified that defense counsel came to her house and she told him the person in the lineup was ugly.

Margaret Krischunas, a Chicago police officer, testified that on November 10, 1986, she interviewed Sims, Jackson, Shavers and Gholston. The description of the offender was “a conglomeration of all of the information that was given” by the witnesses. The offender was described to her as a male black, between 35 and 39 years old, 5 feet 2 inches, 155 pounds, brown eyes, black hair, medium complexion, with a mustache, and “that he had had trouble breathing.”

Kanam Kuan, a Chicago police sergeant, testified that he interviewed Sims on December 1, 1987. Sims picked defendant’s picture from 14 photographs. On the same day, Kuan went to Jackson’s home, and Jackson also picked defendant’s picture out of the 14 photographs. Kuan arrested defendant on December 4, 1987. The home address which defendant gave was located about three blocks from the restaurant. Kuan observed that defendant had “a little difficulty in breathing and also [was] drooling at his mouth.” Defendant told Kuan that he had asthma. A protective search of defendant revealed a medical breathalyzer or inhalator. Kuan’s case report did not mention the breathing problem or breathalyzer. Kuan recalled the description he had described defendant as 5 feet 6 inches or 5 feet 7 inches tall and weighing 155 to 160 pounds. The supplemental report, which in-eluded information reported by defendant himself, stated that defendant was 5 feet 7 inches tall and weighed 135 pounds. Kuan noticed several scars on defendant’s face but none on the left side of his neck. Kuan testified further that Sims and Jackson separately identified defendant in a lineup. Shavers did not view the lineup because Kuan could not locate him.

Rosie Lee testified for the defense that defendant had been a boarder in her house for about one year. She believed defendant was 5 feet 6 inches tall and weighed 130 to 135 pounds. He had a scar on the left side of his neck, a scar on his right temple area, and a scar on his forehead. She never noticed a breathing problem. Defendant routinely left home at 6:30 a.m., and arrived home between 8:30 and 9 p.m. On cross-examination, Lee testified that she did not know the date on which the armed robbery occurred, and she did not know with any certainty where defendant was on that date.

The jury found defendant guilty of armed robbery.

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People v. Williams, 582 N.E.2d 1355, 221 Ill. App. 3d 1061, 164 Ill. Dec. 411, 1991 Ill. App. LEXIS 1928 (Ill. Ct. App. 1991).

582 N.E.2d 1355 (People v. Williams) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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