People v. Williams

692 N.E.2d 723, 295 Ill. App. 3d 456, 229 Ill. Dec. 734, 1998 Ill. App. LEXIS 105
CourtAppellate Court of Illinois
DecidedMarch 3, 1998
Docket1-96-2496
StatusPublished
Cited by30 cases

This text of 692 N.E.2d 723 (People v. Williams) is published on Counsel Stack Legal Research, covering Appellate Court of Illinois primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
People v. Williams, 692 N.E.2d 723, 295 Ill. App. 3d 456, 229 Ill. Dec. 734, 1998 Ill. App. LEXIS 105 (Ill. Ct. App. 1998).

Opinions

JUSTICE COUSINS

delivered the opinion of the court:

Defendant, Michael Williams, and codefendant, Buford Hodby, were convicted of first-degree murder in simultaneous jury trials for the shooting death of a rival gang member. On appeal, defendant seeks a new trial on the grounds that: (1) the trial court abused its discretion in denying defendant’s motion for a new trial when newly discovered evidence exculpated defendant and inculpated two other individuals; (2) the trial court committed plain error by failing to inquire during voir dire if the potential jurors would be prejudiced by knowledge that defendant was a gang member; (3) the State’s closing argument was improper, inflammatory, and included evidence not presented at trial; and (4) defendant was denied his right to effective assistance of counsel because his attorney failed to tender questions to the trial court during voir dire regarding juror bias toward gangs and failed to object to the State’s improper closing argument.

We affirm.

BACKGROUND

On the night of August 27, 1994, into the early morning of August 28, Turonica Williams (a friend and no relation to defendant) held a birthday party at her home in Chicago. The neighborhood surrounding her home is primarily residential and is recognized as an area in which several gangs are active. The party was attended almost exclusively by members of neighborhood gangs, including the Titanic Black P-Stones (TBPS) and its rival gangs, the Conservative Vice Lords (CVL) and the Renegade Vice Lords. During the party, a member of TBPS and a member of CVL bumped into each other inside the house and exchanged words. Two or more CVL members then left the party, stating something to the effect, “we’ll be back.” Shortly thereafter, between two and four people dressed in black arrived at the area outside the party and began firing guns. Fifteen-year-old Raymond Malone, an alleged TBPS member who was sitting on a car with other TBPS members, was fatally shot. After the shooters fled the scene, two TBPS members took Malone to a hospital, where he was pronounced dead as a result of a gunshot wound to the chest. Williams and Hodby were indicted for Malone’s murder, and the matter proceeded to simultaneous jury trials.

At trial, eight witnesses testified on behalf of the State. Four of those eight were eyewitnesses to the shooting incident and three of those four eyewitnesses were members of TBPS. The first eyewitness to testify was Scott Tyler, who stated that he attended the birthday party at 1 a.m. on August 28, 1994, along with his girlfriend, who was Raymond Malone’s sister. Tyler testified that, while standing near the car on which Malone and others were sitting, he saw four people emerge from a nearby alley and start shooting. He stated that, although the lighting was dark, he identified Williams and Hodby as two of the gunmen. Tyler then stated that the shooters subsequently ran back into the alley from which they came. He later accompanied others to the hospital where Malone was taken. At the hospital, he spoke with police about the incident. He continued to discuss the matter with police back at the scene of the crime, but he never identified Williams as a shooter during those conversations with police. Tyler later identified Williams as one of the shooters at a police lineup and testified that his initial reservations were caused by his concern for relatives that lived in the area, which he feared was plagued by the CVL.

Next, the State called Demetrius Adams, a TBPS member who also witnessed the shooting. Adams testified that he saw the bumping incident that occurred indoors between the TBPS and CVL gang members. He stated that neither Williams nor Hodby was a party to that altercation. Adams testified that, later that night, he was with Malone and others near a parked car when Williams and Hodby came out of the alley and began to shoot at TBPS members. After the shooting, Adams helped take Malone to the hospital. Adams remained at the hospital only momentarily, however, and gathered a small group of people to search for Williams and Hodby to no avail.

Another TBPS member, Henry Golden, also testified that, while sitting on the hood of his car with Malone and Adams, he heard gunshots coming from the nearby alley. He stated that he saw Williams and Hodby firing at them and pushed Malone down. When he saw that Malone was shot, he summoned others for assistance and helped take the victim to the hospital. Golden testified that, immediately thereafter, he, Adams, and another TBPS member got their guns and searched for Williams and Hodby. He stated that the search was made with the intention of killing Williams and Hodby if they were found.

TBPS member Gregory Spence arrived at the party at approximately 11:45 p.m. and remained outside due to the overcrowding indoors. He testified that he witnessed Williams and Hodby, along with two other males, leave the party. Spence stated that, approximately 30 minutes later, he heard gunshots and saw two people firing guns. He testified that he was not “100% sure” that Williams was a shooter, but he stated that one shooter had the same height, weight, and clothing as Williams. Spence later identified Williams as one of the gunmen at a police lineup.

Diana McGhee, defendant’s girlfriend and mother of his children, was the sole witness called to testify on behalf of defendant. She testified that, at approximately 11:30 p.m. on the night of the party, defendant came to her home. She stated that, at approximately 12:30 a.m., Williams received three to four telephone calls on his pager and that he returned at least one of those calls while at her house. McGhee testified that she did not know with whom Williams spoke on the telephone, and she said that, following his conversation, Williams proceeded to leave the house sometime after 1 a.m. She asked him what had happened, and Williams replied that there had been a shooting.

In January 1996, the jury found Williams guilty of first-degree murder. Defendant then filed a motion for a new trial arguing that the State failed in its burden to prove defendant guilty beyond a reasonable doubt and that newly discovered evidence warranted a new trial.

In May 1996, the trial court conducted a hearing and heard argument on Williams’ and Hodby’s separate posttrial motions. Defendants presented five witnesses at that hearing.

First, Jerome Hunt, defendant’s fellow CVL member, testified that he had attended the party and witnessed the indoor incident between his gang and the TBPS. Hunt stated that two unidentified people left the party, stating that they would “be back.” Hunt also testified that neither defendant was present during that incident and that he believed that they had left the party before the two unidentified men stated that they would return. Hunt stated that, when the shooting began, he was standing in front of the house from where he saw shots come from the alley. He testified that he saw one of the shooters turn around and that he only made out the gunman’s shadow as he ran back towards the alley. Although he was approximately one-quarter of a block away from the figure he saw, Hunt stated that the gunman was “husky,” about 190 pounds, and 5 feet 11 inches tall. He testified that he had known Williams for nearly six years and that he was positive that Williams was not the same body type as the shooter. Hunt also testified that he had not come forward sooner for fear of gang retaliation.

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Cite This Page — Counsel Stack

Bluebook (online)
692 N.E.2d 723, 295 Ill. App. 3d 456, 229 Ill. Dec. 734, 1998 Ill. App. LEXIS 105, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-williams-illappct-1998.