People v. Williams

636 N.E.2d 630, 264 Ill. App. 3d 278, 201 Ill. Dec. 198, 1993 Ill. App. LEXIS 401
Appellate Court of Illinois·Decided March 26, 1993·No. 1-90-3499·Published·Cited by 20 cases

Opinion

PRESIDING JUSTICE GORDON

delivered the opinion of the court:

Following a jury trial, defendant was found guilty of murder and sentenced to 55 years in prison. He appeals, contending that (1) prosecution witnesses were improperly allowed to explain what the defendant meant when he said the deceased "died like a bitch”; (2) the jury was improperly informed of the State’s witnesses’ prior consistent statements; and (3) the jury was not properly instructed regarding the substantive use of the State’s witnesses’ prior consistent statements. For the reasons set forth below, we affirm.

FACTS

The victim, Aaron Smith, was stabbed to death in the early morning hours of May 9, 1989, at a house located at 1525 Greenwood in Ford Heights. Smith, who was 31 years old when he died, was slightly retarded and lived with his sister in Chicago Heights. Defendant lived at 1525 Greenwood with his sister Fe-Fe.

Linda Johnson testified that at about 6 a.m. on May 9, 1989, she and two friends were going to 1525 Greenwood to purchase some cocaine. When they arrived, the door was open, and they went in, whereupon they discovered the victim. They asked a neighbor to call the police.

Derrick Humphrey, also known by the nickname "Piggy,” testified that at 3 a.m. on May 9 he was at 1525 Greenwood along with Earl Johnson and the victim, who were smoking dope. Humphrey testified that he fell asleep on a couch in the living room, and the next thing he remembers is waking up at 5:30 a.m. when he heard someone starting a car which was parked outside the front window. Johnson and the defendant, Laval Williams, were in the car. Humphrey got into the driver’s seat, and the three drove away. Humphrey noticed a police car behind his car. They drove to a laundromat on Woodlawn where Humphrey called a friend, and then the three went to the home of Henry Bentley on 111th Street and Drexel. Humphrey referred to Bentley as his "partner.” Bentley was not at home.

Humphrey testified that he, Johnson and defendant then drove to a house on 17th and Ellis, where defendant’s hairdresser lived. The defendant left the car for about two minutes. After defendant returned, as they were driving away, Humphrey noticed a lot of people running to the house at 1525 Greenwood. They dropped Johnson off at 15th and Ellis, and Humphrey and defendant were alone in the car.

According to Humphrey, defendant said he had to tell Humphrey something. Defendant told him that he had left his bags in the bathroom at 1525 Greenwood, and the victim had stolen them. Defendant and the victim "got into it” and defendant "stuck him in the stomach.” Defendant said that when the victim said he was going to call the police, he "took him out” and stabbed him "a lot.” Humphrey said he noticed blood on defendant’s white shirt.

Humphrey and defendant then drove to Humphrey’s sister’s house. Henry (James) Dismukes, defendant’s sister Fe-Fe, and Humphrey’s sister Anita were there. Humphrey testified that while pacing the floor in the front room of the house, defendant said "he died like a bitch.” When the prosecutor asked Humphrey what that meant to him, Humphrey replied, "Because I guess he wouldn’t fight him back or something.” At that point, defendant was thrown out of the house.

The police came to the house later that day, and Humphrey went to the Ford Heights police station. Humphrey testified that he told the police what he had just testified to in court.

On cross-examination, Humphrey was shown a statement, dated October 29, 1989, which bore his signature. In that statement was written:

"I Derrick Humphrey is [szc] givien [sic] a true statement and I am not being forced or made to give this statement. The incident happend [sic] at 1525 Greenwood. The person Laval Williams did not tell me and I did not see him kill Aaron Smith. And that Ford Hts police harrasted [sic] me and told me if I didn’t say that Laval did it that I was going to jail for it.”

Humphrey explained that he did not write the first sentence. The remainder, however, was in his handwriting. When he wrote and signed the statement on October 29, defendant was already in custody. Humphrey had also testified to the grand jury prior to writing the statement.

On redirect, Humphrey said he never swore under oath that the written statement was true. The paper was given to him by Fe-Fe, defendant’s sister. He said he signed it because he "didn’t want anybody nagging me on my back about the situation.” Although he wrote that Laval Williams did not tell him that he killed Aaron Smith, Humphrey testified "but he told me, though.”

The next witness was Earl Johnson. He testified that on the evening of May 8, 1989, he saw Derrick "Piggy” Humphrey and the victim, Aaron Smith, at 1525 Greenwood, which Johnson described as "a chill out house” or a place where people "hang around and smoke dope, drink.” Johnson testified that he was at the house early on the evening of May 8 for about 15 minutes, and when he left, Derrick Humphrey was asleep and the victim was cleaning the kitchen. When Johnson returned to the house between five and six the next morning, the defendant was coming out of the house. Defendant got into Johnson’s car, and as they were pulling away, Derrick Humphrey came out of the house. As the three drove away, Johnson noticed a police car behind them.

After stopping at a house at 11th and Ellis, they drove to 17th and Greenwood, where defendant left the car for three or four minutes. They then drove to 15th and Berkley, where they saw a commotion. When Johnson went to see what was going on, he found out that Smith had been killed.

The State called Henry Bentley as its next witness. At 10 or 11 p.m. on May 8, Bentley was at 1525 Greenwood. Anita Humphrey (Derrick’s sister), Marcia Dismukes, James Dismukes, the victim, Aaron Smith, and defendant were also there. Bentley testified that defendant was punching Smith, who was "just standing there crying.” Smith did not try to defend himself. Bentley said he pulled defendant off of Smith and told him to stop hitting him. Subsequently Bentley left the house.

At 8 a.m. the next morning Bentley received a call from Derrick Humphrey, who was calling from his sister Anita’s house. When Bentley called back, he spoke to defendant and asked defendant why he had killed Smith. Defendant said he did not do it, but jocularly added "Freddie Krueger did it.” Defendant also told Bentley that "he died like a bitch,” which, to Bentley, meant that he did not fight back. Bentley further testified that defendant told him that he had stabbed the victim with a steak knife in the head, because the victim had taken something from him, and had thrown the knife in a field. Bentley testified that he previously told the police and the grand jury what defendant had told him and what he had just testified to.

Marcia Dismukes was the State’s next witness. She testified that on the afternoon of May 9, 1989, she heard defendant tell his brother that the defendant had killed Aaron Smith.

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

People v. Williams, 636 N.E.2d 630, 264 Ill. App. 3d 278, 201 Ill. Dec. 198, 1993 Ill. App. LEXIS 401 (Ill. Ct. App. 1993).

636 N.E.2d 630 (People v. Williams) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Related

People v. Wallace
2025 IL App (4th) 241509-U (Appellate Court of Illinois, 2025)
People v. Sharp
2021 IL App (1st) 182042-U (Appellate Court of Illinois, 2021)
People v. McFadden
2021 IL App (5th) 170139-U (Appellate Court of Illinois, 2021)
People v. Johnson
2020 IL App (4th) 160847-U (Appellate Court of Illinois, 2020)
People v. Long
2018 IL App (4th) 150919 (Appellate Court of Illinois, 2019)
People v. Simpson
2015 IL 116512 (Illinois Supreme Court, 2015)
People v. Jackson
2013 IL App (3d) 120205 (Appellate Court of Illinois, 2013)
People v. Cooper
2013 IL App (1st) 113030 (Appellate Court of Illinois, 2013)
People v. Ursery
Appellate Court of Illinois, 2006
People v. Bueno
Appellate Court of Illinois, 2005
People v. Mendoza
Appellate Court of Illinois, 2004
People v. Harper
665 N.E.2d 474 (Appellate Court of Illinois, 1996)
People v. Sowewimo
657 N.E.2d 1047 (Appellate Court of Illinois, 1995)