People v. Willis

702 N.E.2d 616, 299 Ill. App. 3d 1008, 234 Ill. Dec. 276, 1998 Ill. App. LEXIS 739
CourtAppellate Court of Illinois
DecidedOctober 28, 1998
Docket1-96-0697
StatusPublished
Cited by4 cases

This text of 702 N.E.2d 616 (People v. Willis) 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. Willis, 702 N.E.2d 616, 299 Ill. App. 3d 1008, 234 Ill. Dec. 276, 1998 Ill. App. LEXIS 739 (Ill. Ct. App. 1998).

Opinion

JUSTICE BURKE

delivered the opinion of the court:

Following a jury trial, defendant Terrance Willis was convicted and sentenced to 40 years’ imprisonment for the attempted first degree murder of Demetrious McTizic, 10 years’ imprisonment for the attempted first degree murder of Tyrone Rush, the sentences to run consecutively, and 30 years’ imprisonment for armed violence, the sentence to run concurrently with defendant’s 40-year sentence. 1 Defendant appeals his convictions and sentences, contending that: the trial court erred in allowing the jury to hear McTizic’s and his doctor’s testimony at the Cook County Hospital, the prejudicial effect of which deprived defendant of a fair trial; defendant was not proven guilty beyond a reasonable doubt of the attempted murder and aggravated battery with a firearm of McTizic and Rush, and armed violence against McTizic; and the trial court abused its discretion in sentencing defendant to consecutive sentences and an extended sentence. For the reasons set forth below, we affirm.

On July 27, 1994, defendant was arrested after a gang-related shooting incident and subsequently indicted. On December 11, 1995, defendant filed a motion in limine requesting that the trial court deny a motion by the State to allow McTizic’s and his physician’s testimony to be taken at the Cook County Hospital trauma ward. Defendant argued that he would be prejudiced by the taking of this testimony in the hospital because: McTizic’s injuries would be “unduly highlighted without adding anything of probative value”; the jury would concentrate on McTizic’s injuries more than on whether defendant was guilty or not guilty; “[b]y taking the extraordinary measure of transporting the jury to the hospital,” the members of the jury would be given the impression that the injuries of the witness are more important than the testimony they will hear in court; the jury would be exposed to other patients whose “many and varied traumatic injuries *** could horrify or disgust members of the jury”; hospital nurses and doctors might “convey personal opinions to the jury and subvert the objective decision making process”; the trial court would not be able to control “the unknown and unpredictable circumstances that could prejudice the defendant”; and the jury would be given the impression that McTizic’s condition was due only to the initial injury and not to the “many intervening circumstances that caused injury” to him. Defendant also argued that McTizic’s testimony was not crucial to the State’s case because McTizic never made an identification of defendant; taking McTizic’s physician’s testimony in the hospital would prejudice defendant; and defendant would further be prejudiced because the jury would see defendant in the custody of the sheriff. Defendant contended that there were alternative methods of taking McTizic’s testimony, “such as videotape testimony, deposition testimony, or stipulated testimony,” which defendant offered to do. The trial court denied defendant’s motion.

At trial, Rush testified that he became a member of the Gangster Disciples street gang when he was 16 years old, remained a member for about five years and was no longer a member by the summer of 1994. McTizic and Deandre Bishop were Rush’s friends, and McTizic and Deandre were brothers. On the evening of July 27, 1994, while it was still light out, Rush and Deandre drove in Rush’s car to 7751 South Phillips in Chicago to pick up McTizic where McTizic lived with his girlfriend. Rush had never been in the area before. When they arrived, Rush waited in the car, which was double-parked with the windows rolled up and the motor running, while Deandre went inside to get McTizic.

Rush further stated that, after Deandre went inside, two men approached Rush’s car from each side. The man standing on the driver’s side of the car, who had his hands under his sweatshirt, was defendant. Rush had known defendant for a period of about three or four years before this incident because defendant’s father had lived in the same neighborhood as Rush when Rush was about 13 years old, but Rush had not seen defendant since Rush joined the Gangster Disciples. Rush “raised the window down” on the car’s passenger side, and the man asked Rush, “Is you a psyche,” meaning are you “Folks” or Gangster Disciples, and Rush told the man, “I ain’t nothing.” The man then told Rush to “pull over,” and Rush said, “I will pull over to show you that I ain’t nothing.” The man near Rush’s passenger window also told defendant, “Don’t shoot him yet.” Rush then pulled the car over near the corner of Phillips Street.

Thereafter, Rush saw Deandre and McTizic in his side mirror coming out of the apartment building, and when 7 to 10 boys came “from everywhere” and jumped on Deandre, Deandre fell and then ran, and then jumped on the trunk of Rush’s car. McTizic was “a couple seconds behind” Deandre. Between 7 and 10 people started hitting McTizic on the head “with bottles and stuff.” Rush then saw defendant shoot at his car, the window shattered and he ducked; Rush then grabbed the steering wheel and the left side of his face and thought he was shot; Rush turned the corner on 78th and Phillips, at which time Deandre jumped on the back of the car; Rush drove slowly so that McTizic could catch up, but McTizic only made it to the door handle of the car and fell in the street on the side of Rush’s car by the back wheel.

Rush further testified that he had seen defendant stand over Mc-Tizic and shoot downward at him; McTizic was lying on the ground “balled up”; and Rush did not see anyone else on the scene with a gun, except defendant. At that time, Rush “just took off” and drove west on 78th Street to the corner of the next block, where his car hit a van. Deandre then “flew off of the car and went into the tree.” Both Rush’s car and the van were “totaled.” Rush had “messed up” his legs, but climbed out of the car, started running down Yates, ran as far as he could, and then fell down and played dead.

Rush also stated that he spoke to some police officers on the scene but did not give a description of defendant or defendant’s name. An ambulance took Rush to Cook County Hospital; Rush’s jaw was cut open and he had glass in his face. Rush spoke to Officers Boylan and McDermott in the emergency room but did not tell them defendant’s name. Rush was released from the hospital the next day, the police came to his home and asked him if he could identify defendant, he subsequently told the police that defendant had been wearing green pants and a “red little stripe on the shirt,” and he viewed a lineup at police headquarters and identified defendant. Rush further testified that he had to wear a patch on his face for a month after the shooting incident and, at the time of trial, he still had glass in his left cheek.

The trial court subsequently transported the jury and defendant to a conference room at Cook County Hospital to hear McTizic’s testimony. McTizic testified that on July 27, 1994, he was living at 7751 South Phillips with his girlfriend, Aliena Taylor, and her mother. At about 8 p.m., Deandre and Rush came to pick him up.

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Cite This Page — Counsel Stack

Bluebook (online)
702 N.E.2d 616, 299 Ill. App. 3d 1008, 234 Ill. Dec. 276, 1998 Ill. App. LEXIS 739, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-willis-illappct-1998.