People v. Witt

592 N.E.2d 402, 227 Ill. App. 3d 936, 169 Ill. Dec. 915, 1992 Ill. App. LEXIS 529
CourtAppellate Court of Illinois
DecidedMarch 30, 1992
Docket1-89-0516
StatusPublished
Cited by25 cases

This text of 592 N.E.2d 402 (People v. Witt) 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. Witt, 592 N.E.2d 402, 227 Ill. App. 3d 936, 169 Ill. Dec. 915, 1992 Ill. App. LEXIS 529 (Ill. Ct. App. 1992).

Opinion

JUSTICE CAMPBELL

delivered the opinion of the court:

Defendant, Raymond Witt, was found guilty of the murder of Zachary Pinquind and sentenced to a prison term of 40 years. On appeal, defendant contends that: (1) his conviction is invalid under the Illinois homicide law for first degree murder (Ill. Rev. Stat. 1987, ch. 38, par. 9 — 1) because the statute was not in effect at the time of the offense; (2) he was denied his constitutional right to a bench trial; (3) he was prejudiced by the prosecutor’s comments regarding flight during opening and closing statements; (4) an instruction to the jury regarding circumstantial evidence was in error; and (5) the trial court erred in allowing certain cross-examination of defense witnesses. For the following reasons, the judgment of the trial court is affirmed.

The record sets forth the following facts relevant to this appeal. Wendell Cain testified on behalf of the State that on April 14, 1987, at 7:45 p.m., he went to Fuzzy’s liquor store, located on the southeast corner of 45th Street and Cottage Grove Avenue, Chicago. Cain was standing at the counter talking, when a man named Glen entered the store and stated that Zachary Pinquind, a Fuzzy’s employee, was involved in an argument outside. Cain went to the back door and looked out toward 45th Street. He saw Pinquind seated behind the wheel of his car, which was parked on the south side of the street, pointed east, and saw three men standing in the street talking to Pinquind. Another car was parked in front of Pinquind’s car.

Cain heard one of the men say, “I will hurt someone about my money,” in an angry tone, and another man say, “[H]ere come those white guys.” Just then, Cain saw a police car heading down 45th Street toward Pinquind’s car and Fuzzy’s. The men around the car walked away.

Cain reentered the store via the front door. Richard Cain, Cain’s brother and the store manager, entered the store and Cain told Richard that Pinquind was arguing outside. Richard asked Cain to go and get Pinquind. Cain approached Pinquind’s car and asked Pinquind to come into Fuzzy’s. Pinquind did not accompany Cain into Fuzzy’s. Richard sent Cain out a second time, and Pinquind said he was on his way. As Cain turned to go back into Fuzzy’s, Pinquind was getting out of his car.

Pinquind walked into the store behind Cain. They both approached the counter, and Richard asked Pinquind what he was doing outside. Cain moved down the counter out of the range of the conversation, approximately 20 feet away.

At that point, defendant entered Fuzzy’s and stood with his back toward the refrigerator at the front of the store. Defendant was watching Richard and Pinquind and he appeared to be angry. His arms were folded and he was moving his head from side to side. Cain stated that the store is brightly lit inside and that he was about the same distance from the refrigerator as from Richard and Pinquind.

After about five minutes, Pinquind left Fuzzy’s and defendant followed him. Cain then left the store. Cain turned to walk east on 45th Street and saw defendant crouched down in front of Pinquind, holding a gun. Pinquind was standing against the wall of the store. Cain saw defendant fire the gun and saw the gun flame. Cain looked down into defendant’s face and defendant looked up at Cain. Cain stated, “I know he saw me.” Pinquind turned to pull away from the wall. Defendant arose from his crouched position and fired at Pinquind a second time. Pinquind jumped.

Cain then went back into the store and shouted to Richard, “someone just shot Zachary.” Richard jumped over the counter and Cain said, “Richard, don’t go out there, they are shooting.” But Richard ran out and Glen ran behind him.

Cain waited a minute, then left the store. He saw Pinquind on the ground, trying to get up. Cain turned to go back into the store to get help and was stopped by a tall, dark man who was blocking the door. The man had one hand in his pocket and was waving his other arm. He said, “You punks better get away from here, don’t nobody mess with anyone in our family.” Cain backed off toward the other side of 45th and Cottage Grove. He heard police sirens and saw the police cars heading toward the scene. The man blocking the door ran toward the alley to the car parked in front of Pinquind’s car. Cain pointed in the direction of the man who was running. He saw defendant run south down the alley. Cain stated that Cottage Grove is a big, well-lit street.

The police car turned east at 45th and Cottage Grove, in the direction of the running man. Cain saw the car that had been parked in front of Pinquind’s car heading south down the alley, followed by the police car. Cain went back into the store and found out that an ambulance had been called.

Cain accompanied police officers to the hospital where Pinquind was transported and later to the police station. At the police station he viewed a lineup. He identified the man who stopped him from reentering the store as Gregory Dixon. Cain did not see defendant in the lineup.

On the afternoon of April 29, Cain viewed police photographs and identified a picture of defendant as the man who had shot Pinquind. Cain signed the back of the photograph. On October 10, at approximately 1:30 a.m., Cain returned to the police station and identified defendant from a lineup.

Chicago police officer Mona Majeed testified on behalf of the State that on April 14, at 9:45 p.m., she investigated the scene of the shooting at 45th Street and Cottage Grove. She found Zachary Pinquind with a bullet wound in his stomach and interviewed Cain. Pinquind was lying with his head facing north and his feet pointed south.

Chicago police officer Guy Habiak testified that on April 14, he began an investigation of Pinquind’s death. He interviewed Cain on April 14 and 29, and conducted the lineups in which Cain identified Dixon and defendant. On October 6, he and Detective Kutz left Chicago for Sacramento, California, to retrieve defendant, who was being held by California authorities pursuant to a Chicago arrest warrant. Habiak returned with defendant in custody on October 9. On cross-examination, Habiak stated that defendant had waived extradition from California. Chicago police detective David Kutz testified to the same essential facts as Habiak.

Cook County medical examiner Mitra Kalekar testified that she performed an autopsy on Pinquind on April 19. Kalekar found that Pinquind had a gunshot wound to his abdomen and she recovered a bullet from his spinal cord. She also found an incision on his right calf. Kalekar determined that Pinquind’s death resulted from the gunshot wound to his abdomen.

Defendant presented alibi witnesses on his behalf. Tyrone Witt, defendant’s brother, testified that he lived with defendant at 4730 South Ingleside, Chicago. On March 28, at approximately 9 p.m., he and defendant attended a birthday party for their brother, Claude Witt, at their sister Doris Armour’s home at 10342 South Eberhart. At that time, defendant took some of his belongings with him to Armour’s home, but Tyrone did not know why defendant did so. Tyrone stated that his whole family was at the party, which lasted until 4 a.m. After the party, Tyrone went straight home, but defendant stayed at Armour’s house.

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Cite This Page — Counsel Stack

Bluebook (online)
592 N.E.2d 402, 227 Ill. App. 3d 936, 169 Ill. Dec. 915, 1992 Ill. App. LEXIS 529, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-witt-illappct-1992.