People v. Williams

586 N.E.2d 770, 224 Ill. App. 3d 517, 166 Ill. Dec. 812, 1992 Ill. App. LEXIS 63
Appellate Court of Illinois·Decided January 17, 1992·No. 1-89-3134·Published·Cited by 20 cases

Opinion

JUSTICE McNAMARA

delivered the opinion of the court:

Following a jury trial, defendant, Gerald Williams, age 19, was found guilty of the murder of Ronnell Robinson, age 17. Defendant was sentenced to a term of 30 years. On appeal, defendant contends that the trial court erred in failing to examine defense counsel’s performance at trial upon learning at the post-trial motion that defense counsel had certain alibi witnesses whom he failed to call at trial. Defendant also contends that the sentence was excessive.

The pertinent facts are as follows. James Moore, age 17, testified for the State that the deceased was his cousin. On the evening of November 21, 1987, Moore was driving his uncle’s 1979 black Pontiac Grand Prix. At approximately 11:30 p.m., he picked up the deceased, George Jones, and Andre Spencer. The group drove to the Factory, a teen-age dance hall in Chicago.

Moore further testified that his group became involved in an argument when the deceased accused another youth, later identified as Travis Johnson, age 12, of taking his jacket. A heated argument ensued, but no blows were exchanged. Afterward, Moore saw Johnson approach several youths in the dance hall. Moore advised the deceased that they should leave, and began walking toward the door. En route to the exit, Moore and the deceased were approached by defendant and Johnson. Johnson indicated that he wanted to fight the deceased.

After Johnson’s threats, the deceased and Moore resumed walking to the exit when they were again approached by defendant and Johnson. After Moore used expletives, defendant struck Moore in the face. The deceased struck defendant, and Moore joined in the melee. Security guards broke up the fight and ordered the parties to leave the hall.

Afterward, Moore met with Jones and Spencer in his car, and drove around the block a few times. The deceased entered Moore’s car. Moore was in the driver’s seat, the deceased sat in the middle, and Jones was in the seat next to the window. Spencer and two other youths were in the back seat.

Moore drove west on Madison Street and turned on Cicero Avenue, proceeding southbound. While stopped at a traffic light, Moore noticed an automobile he had seen near the Factory, a brown Chevrolet Citation, touching the back tires of his car. After the light turned green, Moore turned left on Lexington Avenue and travelled eastward. Moore was advised by his passengers that the Chevrolet was still behind him.

As Moore drove under a viaduct and placed the gas pedal to the floor, he heard a gunshot and the sound of breaking glass. The back of his head was showered with glass, and the deceased slumped on top of him. Moore observed that the deceased had been shot in the back of the head, and he immediately proceeded to the hospital.

George Jones testified for the State that he had known the deceased for approximately three years. Jones essentially corroborated Moore’s version of the group’s arrival at the Factory, and the subsequent argument between defendant, Moore, the deceased and Johnson. Jones also stated that during the time Moore was circling the block, Jones noticed the Chevrolet behind their car and that it continued to follow them to the comer of Lexington and Cicero. Defendant was the only person Jones could clearly see inside the car. Once Moore drove under the viaduct, Jones heard one gunshot which fatally wounded the deceased. Jones spoke with the police once they arrived at the hospital. On December 6, 1987, Jones identified defendant from a photo array, and later in a lineup.

On cross-examination, Jones testified that he had never seen defendant prior to the night of the altercation. Somewhere near Cicero and Adams, Jones looked at the Chevrolet for a second time and saw defendant stiH in the front passenger seat. Jones never saw defendant in the back seat of the Chevrolet.

Derrick Baugh testified for the State that he was presently incarcerated because he had also been charged with the deceased’s murder. Baugh had known defendant for about four years. On the evening in question, Baugh borrowed a brown Chevrolet Citation from a friend. Earlier that evening, Baugh had dropped his cousin off at the Factory, and returned to pick her up at 2 a.m. After he was unable to locate his cousin, Baugh picked up defendant, Johnson, Allen Williams, Donald Tankston, and Thaddeus Scott at the Factory. According to Baugh, he drove, defendant sat next to the window, and Scott was seated between them in the front seat. Allen Williams, Tankston and Johnson shared the back seat. Defendant asked Baugh to take him home.

After leaving the Factory, Baugh saw a black car. Defendant asked Baugh to follow that car because someone inside it had taken his jacket. Baugh was not aware that anyone in his car had a gun. Baugh began following the car south on Cicero and turned onto Lexington. As they approached the viaduct, he saw defendant fire a gunshot out the car window in the direction of the black car. After the shooting, Baugh dropped defendant and the others at a food stand.

Baugh testified he did not leam until later that someone in the black car had been shot. Baugh did not speak to the police about the incident because he was scared. Baugh was arrested for his involvement in the murder several months later. Baugh indicated that the State’s Attorney had not made any promises to him in exchange for his testimony.

Thaddeus Scott testified for the State that he is also currently incarcerated after being charged with the deceased’s murder. In return for Scott’s testimony, the State’s Attorney recommended that he receive a lesser sentence.

On November 21, 1987, Scott went to the Factory alone. After he arrived, Scott met Allen Williams and Tankston. At approximately 1:30 a.m., defendant asked Scott to watch his back during a fight because he had angered some youths who had tried to take Johnson’s jacket. Around 2 a.m., Scott, Allen Williams and Tankston left the Factory and began to walk home when they met with defendant and Johnson. A car pulled up and a group of people began chasing the men through the alley behind the Factory. Scott and his group saw Baugh drive by in a Chevrolet and entered his car. Scott sat between Baugh and defendant in the front seat; the others sat in the rear of the car.

Scott further testified that defendant pointed at a black car and stated that “they had his jacket.” Defendant told Baugh to follow the car. Baugh did so, and defendant asked Scott to pass him the gun located under the seat. Scott stated that he handed defendant a 9-milli-meter pistol. Defendant rolled down the window and fired several shots at the car as it approached the viaduct. After the shooting, Baugh dropped the group off at a food stand.

Scott first learned on the following day that someone had been killed. Scott did not report the incident to the police because he was scared. Approximately 60 days later, Scott was arrested for his role in the crime. Later that day, Scott confessed his involvement in the murder and identified defendant as the shooter.

Travis Johnson testified for the State that he was 12 years old at the time of the incident. On the evening in question, Johnson was at the Factory.

Free access — add to your briefcase to read the full text and ask questions with AI

People v. Williams, 586 N.E.2d 770, 224 Ill. App. 3d 517, 166 Ill. Dec. 812, 1992 Ill. App. LEXIS 63 (Ill. Ct. App. 1992).

586 N.E.2d 770 (People v. Williams) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Related

People v. Crosby
2020 IL App (4th) 180086-U (Appellate Court of Illinois, 2020)
People v. Depaz
2019 IL App (1st) 180500-U (Appellate Court of Illinois, 2019)
People v. Bates
2019 IL 124143 (Illinois Supreme Court, 2019)
People v. McGath
2017 IL App (4th) 150608 (Appellate Court of Illinois, 2017)
People v. Steele
2014 IL App (1st) 121452 (Appellate Court of Illinois, 2014)
People v. Barnes
Appellate Court of Illinois, 2006
People v. Davis
Appellate Court of Illinois, 2003
People v. Henney
777 N.E.2d 484 (Appellate Court of Illinois, 2002)
People v. Ephraim
Appellate Court of Illinois, 2001
People v. Davenport
Appellate Court of Illinois, 1998
People v. Gillespie
659 N.E.2d 12 (Appellate Court of Illinois, 1995)
People v. Markiewicz
615 N.E.2d 869 (Appellate Court of Illinois, 1993)