People v. Young

753 N.E.2d 1046, 323 Ill. App. 3d 1078, 257 Ill. Dec. 420, 2001 Ill. App. LEXIS 524
Appellate Court of Illinois·Decided June 29, 2001·No. 1-99-0450·Published·Cited by 13 cases

Opinions

JUSTICE REID

delivered the opinion of the court:

Following a jury trial, Willie Young appeals his conviction of first degree murder resulting from the shooting of Jeffrey Sturghill. Young surrendered himself to police after a warrant had been issued for his arrest. Charged with violations of sections 9—1(a)(1) and (a)(2) of the Criminal Code of 1961 (720 ILCS 5/9—1(a)(1), (a)(2) (West 1998)), Young was convicted and sentenced to 50 years’ imprisonment. For the reasons set forth below, we reverse and remand this matter for a new trial.

BACKGROUND

On July 4, 1997, Young and his cousins Russell Warner and Jeannette Junious, who was visiting from Minnesota, left Warner’s home and went to 31 East 120th.Place, Chicago, Illinois, for a backyard barbeque at the home of Kenneth and Doanita Simmons (Kenneth and Doanita). Ms. Junious remained in the car while Young and Warner joined the party. From this point on there are conflicting accounts of what occurred.

Kenneth testified as a State witness. Though he had moved to Alabama on July 7, 1997, three days after the shooting, he was brought back to Illinois at the expense of the State’s Attorney’s office. At one time, he told the police he had no information regarding the shooting of Sturghill. After submitting to and flunking a lie detector test, he gave a different version of the events, indicating he did not want to implicate the defendant because he feared him and his gang affiliation. This was the subject of a defense motion in limine, the court ruling that the prior statements would not come in unless the defendant opened the door during the trial. At trial, Kenneth testified on direct examination that Young and Warner arrived at the party just before dark. On cross-examination, however, Kenneth stated that they arrived at 10 or 11 p.m. According to Kenneth, Sturghill and Young began to argue over money owed to Young. He had previously heard them argue over the same $40 on another occasion. Kenneth heard Sturghill tell Young that he had just gotten out of jail and could not pay him until the next day. Young then allegedly pulled a gun on Sturghill, who then ran through the front door inside the house. The argument continued with Young outside and Sturghill inside the house. Young allegedly then told Sturghill to come on outside and talk and that he was not going to “smoke” him. Kenneth then stated that Sturghill told Young, “I’m not coming out, you got a gun and I don’t.” Kenneth then testified that, after Sturghill came out of the house, Young and Sturghill began to struggle over the gun. During the struggle, a shot was fired and Warner indicated that he was shot in the hand. Kenneth then ran from the scene, looking back to see Young shooting at Sturghill as he fell over the porch railing. Kenneth stated that he did not see Sturghill with a gun at any time during the day. He further stated that Young told him after the shooting to either “get the steel” or “take the steel.” He understood that to mean Young was trying to get him to take his gun. On cross-examination, he admitted that Young was not handing him anything when he said that to him.

Doanita also testified for the State. She had since moved to Missouri and had come to testify at the expense of the State’s Attorney’s office. She is the sister-in-law of Kenneth and on July 4, 1997, lived on the second floor at 31 East 120th Place. She was mainly an “ear” witness and mostly stated what she allegedly heard from her apartment. Between 11 and 11:30 p.m., she heard three people talking outside the house. As she was familiar with all three voices, she identified them as Young, Kenneth, and a Kenneth Williams. She heard Young say, “Everybody around here owes me money and they pay and he gone [sic] pay me too.” The two Kenneths then attempted to get Young to leave the individual who owed him money alone. She then stated that she later heard Sturghill say, “Nah man, I ain’t opening up the door, I ain’t got no gun in my hand and he got a gun in his hand.” In contrast to Kenneth’s testimony, she said these words were said in response to Kenneth saying, “Come on out, you know, I don’t need this in my mother’s house.” This was also allegedly said while Kenneth was banging on the door trying to get Sturghill to come out. Only then did she say that she heard Young say, “Ah, man, coiné on out, I ain’t gone [sic] smoke you.” She then heard Sturghill say, “All right, I ain’t got no problem with that.” She then heard the door being unlocked. She then heard what she described as a struggle. She did not identify who was involved. She then heard Sturghill say, “Man, I told you I just got out of jail two days ago and I ain’t got no money. I’ll pay you in the morning, I’ll give you some money in the morning.” Kenneth had testified that these statements took place in the backyard and not on the porch or in the house.

She then heard a gunshot, and, while looking out of her window, she saw a person running from the house saying, “ah, man, you shot me.” She said she saw a hole in the palm of this individual’s hand. Then more shots were fired. She was not able to see who fired the shots. She then saw Young running from the house with a gun in his hand. The parties stipulated, however, that if called to testify, Detective Jack Hines of the Chicago police department would testify that he was assigned to this case, he interviewed Doanita and she said that she never saw Young with a gun on the day in question.

In addition to Kenneth and Doanita, the State’s case consisted of Joyce Sturghill, Jeffrey Sturghill’s mother. She testified, as a life and death witness, to having seen her son when he was alive and again when he was dead.

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People v. Young, 753 N.E.2d 1046, 323 Ill. App. 3d 1078, 257 Ill. Dec. 420, 2001 Ill. App. LEXIS 524 (Ill. Ct. App. 2001).

753 N.E.2d 1046 (People v. Young) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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