People v. Dennis

SUPREME COURT CASES

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People v. Dennis

State: Illinois

Court: 2nd District Appellate

Docket No: 2-04-1161 Rel

Case Date: 04/20/2007

Preview:No. 2--04--1161 Filed: 4-20-07 ______________________________________________________________________________ IN THE APPELLATE COURT OF ILLINOIS SECOND DISTRICT ______________________________________________________________________________ THE PEOPLE OF THE STATE OF ILLINOIS, ) Appeal from the Circuit Court ) of Lake County. ) Plaintiff-Appellee, ) ) v. ) No. 03--CF--3090 ) ) Honorable KEBRON R. DENNIS, ) James K. Booras and ) John T. Phillips, Defendant-Appellant. ) Judges, Presiding. ______________________________________________________________________________ JUSTICE HUTCHINSON delivered the opinion of the court: Following a jury trial, defendant, Kebron R. Dennis, was found guilty of attempted firstdegree murder (720 ILCS 5/8--4(a), 9--1(a)(1) (West 2002)) and aggravated battery with a firearm (720 ILCS 5/12--4.2(a)(1) (West 2002)) and sentenced to 21 years' imprisonment. Defendant raises three contentions on appeal: (1) that the trial court erred when it denied his motion to suppress statements; (2) that the trial court erred when it denied his motion in limine seeking to introduce evidence of the victim's propensity and reputation for violence and aggressiveness; and (3) that he is entitled to two additional days' credit against his sentence, for the time he spent in pretrial custody. We vacate defendant's conviction and sentence, and we remand the case for a new trial. On September 10, 2003, defendant was charged by indictment with the offenses of attempted first-degree murder (720 ILCS 5/8--4(a), 9--1(a)(1) (West 2002)) and aggravated battery with a

No. 2--04--1161 firearm (720 ILCS 5/12--4.2(a)(1) (West 2002)). The indictment alleged that, on August 24, 2003, defendant shot and injured the victim, Curtis Mitchell, with a handgun. On October 3, 2003, defendant filed a motion to suppress the statements he made to police after his arrest. Specifically, defendant argued that the statements he made while being treated at St. Therese Hospital were involuntary and were made prior to the receipt of Miranda warnings. Defendant also argued that the statements he later made at the Waukegan police station should have been suppressed as "the fruit of the poisonous tree." On October 29, 2003, defendant raised the affirmative defense of self-defense and presented evidence, by way of his written statement, tending to support that theory. On May 21, 2004, the trial court conducted a hearing on defendant's motion to suppress statements. At the hearing, the trial court took judicial notice of the testimony that Waukegan police detective George Valko had given at an earlier pretrial hearing. Valko had testified that, on August 24, 2003, at approximately 11:50 p.m., he heard a radio dispatch that there were "possible shots fired" at 905 Baldwin in Waukegan. As Valko responded to the call, he heard another radio dispatch identifying as a possible suspect "a male black subject" in a "red Cadillac," leaving the scene. Valko testified that he observed a red Cadillac, with its lights off, in an alley behind a Jewel store. Valko testified that the Cadillac pulled out of the alley and began driving on Green Bay Road. Valko activated his lights and siren and called for backup. While he was following the vehicle, Valko observed the driver stick his left arm out the driver's side window and throw something shiny over the top of the vehicle into the marsh-like parkway along Green Bay Road. Valko testified that Green Bay Road is unpopulated in that area. Valko testified that, after backup officers arrived, they conducted a felony traffic stop of the vehicle. Valko ordered the driver, identified as defendant, to

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No. 2--04--1161 step out of his vehicle, step back toward the officers, and kneel on the ground. Defendant was arrested and handcuffed. Valko testified that defendant was bleeding from the leg, and an ambulance was called to transport defendant to the hospital. After defendant was taken to the hospital, Valko remained at the scene for two hours with other officers, searching for the object that was thrown from defendant's vehicle. Valko testified that the police never recovered the object. The trial court also took judicial notice of the testimony that Waukegan police officer Donald Paulsen had given at an earlier pretrial hearing. Paulsen had testified that, on August 24, 2003, shortly before midnight, he was on duty as a patrol officer and evidence technician. Paulsen testified that, when he arrived at the scene of defendant's traffic stop, defendant was still seated in his vehicle. Paulsen observed "from a distance, a large amount of blood" on defendant's upper hip and thigh area. Paulsen also observed pooling of blood on the ground after defendant knelt at Valko's request. Paulsen testified that, after defendant left in the ambulance, he searched defendant's vehicle. He observed a black ski mask on the floorboard behind the driver's seat and a ripped, bloody T-shirt in between the two front seats. Paulsen searched defendant's vehicle after it had been towed to the police station. He recovered what appeared to be a single .22- or .25-caliber bullet from under the driver's seat. Waukegan police detective Larry Holman testified that he had been a detective for nine years and that he was the lead investigator of the shooting that occurred at 905 Baldwin in Waukegan on August 24, 2003. Holman testified that, at the time he left the police station just after midnight to begin his investigation, he knew that both the victim and defendant had sustained gunshot wounds and were being transported to St. Therese Hospital for treatment. Holman testified that he and his

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No. 2--04--1161 partner, Waukegan police detective Timothy Buckingham, arrived at the hospital at approximately 1 a.m. At this time, the victim was being treated for his injuries and defendant had not yet arrived. Holman further testified that defendant arrived at the emergency room at approximately 1:30 a.m. Holman testified that he entered defendant's curtained-off area "as soon as" the nurses left. Holman testified that defendant was "very calm and quiet." Defendant was clothed only in his underwear, and he had what appeared to be a bullet wound "through-and-through" his upper thigh. The injury was not bandaged, and defendant was still bleeding from the wound. Holman testified that he repeatedly asked defendant if he knew the location of the gun used in the shooting. Defendant did not respond to the questions. Holman continued to ask defendant "where the gun was," "what did he do with the gun," and "did he know what happened to the gun." Defendant responded, "I don't know where the gun is." Holman asked defendant "several more times" about the location of the gun. Holman testified that defendant then became visibly upset and began to cry. Holman asked defendant "if he was okay, what was wrong." Defendant responded that the victim used to be his friend and that they had been coworkers at Comcast. Defendant then told Holman that he had been to the victim's apartment earlier that evening. Defendant stated that the victim had "ruined his life, his soul, and his marriage." Defendant related that the victim was sleeping with defendant's wife and that he was worried that he was going to lose his children. Defendant ended by saying that everything was "going to be downhill from here." Holman testified that he asked defendant once more about the location of the gun before a nurse told Holman to leave so that she could continue defendant's treatment. Holman was with defendant for approximately 10 minutes and he did not give defendant Miranda warnings. During Holman's testimony, the State stipulated that defendant had not been given Miranda warnings prior to Holman's questioning.

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No. 2--04--1161 Holman further testified that, following defendant's release from the hospital, he was transported to the police station and placed in an interrogation room at approximately 4:30 a.m. on August 25, 2003. When Holman and Buckingham entered the interrogation room, Holman asked defendant if he needed anything to drink or needed to use the bathroom. Defendant said he did not need anything. Holman testified that he read defendant the Miranda warnings from a preprinted form and that defendant signed the form and agreed to speak with them. Holman did not testify as to what he specifically asked defendant during the interview. Holman testified that defendant did not want to write out a statement, but he agreed to let Holman type a statement for him to sign. The statement contained the following description of the events of August 24, 2003. Defendant and the victim knew one another through work and had socialized outside of work. Defendant suspected his wife and the victim were having an affair. Defendant's "life was in a shambles," as he was having marital problems. Defendant was worried about losing custody of his children. Defendant went to the victim's apartment building to confront the victim and to "see what was up," but he did not plan to kill the victim. Defendant had a mask and a gun. The victim surprised defendant when the victim came running out of the apartment building with "a big silver knife." Defendant shot the victim as the victim was "coming at" defendant with the silver knife. The victim took defendant's gun and shot defendant in the leg. Defendant ran out of the apartment building and drove off. On cross-examination, Holman denied knowing that defendant was in police custody at the time he spoke to him in the hospital. Holman admitted that he had spoken with several other officers and with the victim prior to speaking with defendant in the hospital. Holman also admitted that the victim told him that defendant had a black ski mask and that defendant was the person who had shot

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No. 2--04--1161 him. Holman admitted that he did not ask medical personnel if he could speak with defendant and that he did not know if defendant had received medication prior to the time he questioned him. Holman also admitted that it appeared to him that defendant's wounds had not been fully treated. Holman testified that, at some point during the questioning, defendant affirmatively said that he did not know where the gun was. Holman admitted that, despite this response, he continued to question defendant. Holman denied basing defendant's written statement on the information he received from the victim and defendant in the hospital. He also denied typing the statement prior to defendant's arrival at the police station. Holman testified that the information contained in defendant's written statement was derived from the interrogation at the police station, after defendant had received Miranda warnings. The State next called Buckingham. Buckingham testified that sometime after midnight on August 25, 2003, he and Holman were called to investigate a shooting at 905 Baldwin in Waukegan. Buckingham testified that he was aware that defendant had been taken into custody before he and Holman arrived at the hospital at approximately 12:20 a.m. They spoke with the victim for approximately 30 to 45 minutes. Buckingham testified that near the end of the interview with the victim, Holman left to speak with defendant. Buckingham testified that he did not participate in the interview of defendant. Buckingham testified that, sometime between 2 and 4:30 a.m. at the police station, he and Holman had a conversation in which Holman indicated that he was unable to learn the location of the gun involved in the shooting during his interview of defendant at the hospital. Buckingham denied that Holman discussed any other statements made by defendant during the hospital interview. Buckingham further testified that, at approximately 4:30 a.m., he and Holman interrogated defendant

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No. 2--04--1161 at the police station and that Holman read defendant Miranda warnings from a preprinted form. Defendant stated that he understood his rights, and he signed a waiver form. Buckingham testified that defendant agreed to speak with them and that the interrogation lasted less than one hour. He testified that Holman typed a summary of defendant's statements and read the typewritten statement to defendant. Buckingham testified that defendant said the statement was correct before signing it. On cross-examination, Buckingham admitted that, during the police station interrogation, Holman asked defendant questions relating to the statements he made earlier at the hospital. Specifically, Holman asked defendant questions about how the victim had ruined defendant's life and marriage. Holman also asked defendant questions about the victim sleeping with defendant's wife and about defendant's concerns regarding the custody of his children. Buckingham testified that those subjects had not previously been discussed by defendant during the police station interrogation, nor had they been discussed in the interview of the victim at the hospital. Buckingham testified that, at the time, he did not know where Holman had obtained the information. Buckingham also testified that defendant never said "my life is in shambles" during the questioning at the police station, even though that statement was included in the written statement prepared by Holman. Following the arguments of the parties, the trial court denied defendant's motion to suppress statements. The trial court found that, although defendant's interview at the hospital was a custodial interrogation, Miranda warnings were not required, as the public safety exception applied. The trial court found that all of Holman's questioning of defendant at the hospital was necessary to determine the location of the gun. The trial court also found that defendant's statements at the hospital were not the product of coercion, but were voluntarily given. As to the statements defendant gave at the police station, the trial court found that defendant voluntarily waived his Miranda rights and that the

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No. 2--04--1161 statements were given freely and voluntarily. In weighing the witnesses' credibility, the trial court stated, "I do believe the officers' testimony," and found that the statements at the police station were not "in anyway connected or tainted" by the statements made at the hospital. Therefore, the trial court ruled that all of defendant's statements were admissible at trial. On July 7, 2004, defendant filed a motion in limine in which he sought to introduce evidence at trial regarding the victim's "conduct and reputation for violence and aggressiveness." Specifically, defendant sought to: (1) question the victim and the victim's wife regarding a domestic violence complaint filed by the wife against the victim, but which was not prosecuted; (2) question the victim and testify himself as to physical altercations the victim had with other employees at Comcast; and (3) testify himself as to the victim's reputation among his coworkers as a violent and aggressive individual. Defendant argued that all of the evidence would be offered to show that the victim was the initial aggressor, and to show defendant's state of mind, i.e., that defendant reasonably believed that he needed to defend himself with deadly force against the victim's attack with a knife. Following arguments of the parties, the trial court denied the motion in limine in part. With respect to the introduction of evidence regarding the domestic violence complaint and the victim's reputation for violence among his coworkers, the trial court ruled, "I do not find any *** legal ground for allowing this type of evidence. *** I will not allow evidence that is not permitted by any rules [sic] of evidence or not permitted by any case law." The trial court reserved its ruling on the motion with respect to the introduction of defendant's own testimony as to his knowledge and state of mind as to the victim's propensity for violence and aggressiveness. The trial court reserved its ruling so that defense counsel could provide it with case law supporting the motion. The case was transferred to another judge and no further order was entered on the motion prior to trial.

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No. 2--04--1161 Trial commenced on August 24, 2004. Waukegan police officer Santiago Lopez testified that he was working as a patrolman on the evening of August 24, 2003. Lopez testified that he was responding to the report of a shooting at 905 Baldwin when he observed a red Cadillac turn off of Baldwin and onto Grand Avenue. Lopez reported the vehicle's location and proceeded to the scene of the shooting. Lopez testified that the victim reported that he had been shot by defendant. Lopez observed a wound in the victim's lower chest and another wound in the victim's upper stomach. After an ambulance arrived, Lopez searched outside of the apartment. He located a knife under a bush close to the sliding glass doors of the victim's apartment. Holman's trial testimony was substantially consistent with his testimony at the suppression hearing except for the following statements. Holman testified that, when defendant became upset at the hospital and began to cry, Holman asked defendant "[w]hat was wrong, if he was okay." Holman testified that defendant responded that the victim "ruined my life." Holman then asked defendant "what he meant by that." Holman testified, "Defendant said [the victim] 'ruined my life, my soul, and my marriage' and that's all he would say." The State also presented the testimony of Paulsen, Buckingham, and Valko. Their testimony was substantially consistent with that given at the hearing on defendant's motion to suppress. The victim testified that he and his wife were watching a movie in their apartment at approximately 11:30 p.m. when he heard a sound that caused him to look toward the patio door. He saw a shadow move across the door. The victim testified that he told his wife he thought there might be "some kids" out by his car, and that he was going "outside to take a look around." The victim's car was parked just outside the patio door to his apartment. The victim testified that he retrieved his pocket knife and went out to the parking lot. The victim testified that some bushes were "shaking

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No. 2--04--1161 profusely" at the south end of the parking lot, and he walked in that direction. The victim testified that someone wearing a black mask, black gloves, a black shirt, black pants, and black shoes jumped out of the bushes. The victim testified that, as he turned to run back into the apartment, he was shot. The victim testified that the shooter was standing on a 4-foot wall, approximately 10 to 12 feet away from the victim, at the time he fired the shot. The victim testified that the masked individual climbed off the wall and began running after him. The victim further testified that the shooter tackled him to the ground near the patio door to his apartment. The victim testified that he dropped his knife and began struggling to get the gun. During the struggle, the victim ripped the mask off of the gunman and recognized defendant. The victim testified that defendant dropped the gun and that the victim grabbed the gun. He shot defendant in the upper thigh area. The victim testified that defendant then collapsed on top of him, and the gun was dislodged from his grasp. Defendant retrieved the gun. The victim testified that defendant ordered him into the apartment at gunpoint. The victim testified that he then ran to his apartment, knocked, and yelled to his wife to open the door and to call the police. The victim testified that defendant tried to force his way into the apartment. The victim pushed defendant out of the doorway and shut and locked the door. According to the victim, the entire altercation lasted less than 10 minutes. The victim further testified that he had known defendant for more than two years as a coworker and that they had a good working relationship. The victim testified that he and defendant went to another coworker's birthday party together on August 9, 2003, and that they occasionally went out for a beer. The victim denied that he called defendant to come to his apartment on August

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No. 2--04--1161 24, 2003. The victim testified that he never saw defendant or anyone else at Comcast wear a mask in the course of his or her work. On cross-examination, the victim testified that he took the knife outside with him because he thought there may be a threat to his safety, not because there may be children around his car. The victim denied that he pulled defendant's shirt over his head during their struggles. Defendant testified that, in August 2003, he worked at Comcast as a lineman. He testified that he has a skin pigmentation disorder and that he often wore a mask to protect himself while working. Defendant testified that he had previously worn a mask while working with the victim. Defendant testified that the mask had been in his vehicle on numerous occasions when the victim had also been in the vehicle. Defendant denied wearing the mask on the evening of August 24, 2003. He testified that he kept a .22-caliber handgun in his toolbox because he had been attacked in the past and because he often worked in dangerous areas. Defendant testified that he had worked with the victim at Comcast for 2

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