People v. Stiff

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People v. Stiff

State: Illinois

Court: 5th District Appellate

Docket No: 5-07-0189 Rel

Case Date: 03/23/2009

Preview:CONSOLIDATED NO. 5-07-0189
N O T IC E Decision filed 03/23/09. The text of this dec ision m ay b e changed or corrected prior to the P e t i ti o n for filing of a or the

IN THE APPELLATE COURT OF ILLINOIS

Re hea ring

FIFTH DISTRICT ________________________________________________________________________ THE PEOPLE OF THE STATE OF ILLINOIS, ) Appeal from the ) Circuit Court of Plaintiff-Appellant, ) Madison County. ) v. ) Nos. 04-CF-2840 and ) 04-CF-2819 ) BENJAM IN STIFF and JOEY RAGUSA, ) Honorable ) James Hackett, Defendants-Appellees. ) Judge, presiding. ________________________________________________________________________ JUSTICE SPOMER delivered the opinion of the court: The defendants, Benjamin Stiff and Joey Ragusa, were charged separately with attempted murder (720 ILCS 5/8-4(a) (West 2004)), but the charges were upgraded to firstdegree murder (720 ILCS 5/9-1(a)(1) (West 2004)) after the victim, James Garrison, died of his injuries. James was doused with gasoline, was set on fire, and died approximately seven weeks later. The State appeals from pretrial orders of the circuit court of M adison County which found that the statements James had made to his partner, John Duich, and to the police, by which the defendants were implicated, failed to qualify under the excitedutterance/spontaneous-declaration or dying-declaration exceptions to the rule against hearsay. We affirm the orders to the extent that neither of James's statements qualified as a dying declaration. However, we reverse the finding that the statements did not qualify as excited utterances/spontaneous declarations, and we remand for further proceedings consistent with this decision. FACTS Just after 2 a.m. on October 10, 2004, John Duich was awakened by James Garrison, 1

disposition of the same.

whom Duich testified to be his "life partner." Although James lived approximately three houses away from Duich, they saw each other every day. When Duich awoke, he discovered that James was severely burned, lying across Duich's bed, and saying, "Johnny, help me, help me." Duich asked James what happened, and James responded that "they" threw gasoline on him and set him on fire. Duich asked who "they" were. According to Duich, James responded that it was Joey Ragusa and a large black man. Duich explained that James had a drug problem and would sell items and use the money to purchase drugs. James would often forget that he had made the sale and later complain that his property had been stolen. Duich had seen James earlier in the evening, and they both had used crack cocaine. James broke out a basement window to gain entry to Duich's home. Duich testified that he is a heavy sleeper and did not hear James enter. Duich called 9-1-1 at 2:22 a.m. to report the incident and request help. Duich testified that the 9-1-1 operator instructed him to ask James who had done this to him. Duich again asked and James again replied that it was Joey Ragusa and a big black man. A Wood River police officer arrived within five minutes. Detective Darren Redden was the first to respond, and an ambulance arrived shortly thereafter. Upon his arrival, Redden found James on the bed. James was severely burned. Redden had been present at other burn scenes, but he had never seen a victim so badly burned while still alive. Redden said James was screaming and moaning in agony, saying, "God help me." James's hair was singed. His skin was still bubbling in some places and completely missing in others. Despite James's condition, Redden tried to gather information before the ambulance arrived. Redden was adamant that no names of potential suspects were mentioned by James or Duich. Redden testified that James was responsive despite his obvious agony and that he "answered every question directly after [Redden] asked the question, and the answers that

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he gave were substantiated by the interviews that followed." Redden specifically asked James who had done this to him, and according to Redden, James responded, "A white guy and a black guy that I met at Lisa Marshall's house." James explained, "They poured gasoline on me and caught me on fire." James said the white man was the one who had set him on fire and that "the white guy was driving a dark blue car, like a Corolla, that he parked right in front of Lisa's house." Because the State does not appeal that portion of the circuit court's order finding the victim's statement to Redden to be inadmissible, we do not consider its admissibility. Redden went to Lisa Marshall's house after the ambulance arrived. Ragusa was taken into custody at 8 a.m. on October 10, 2004, and Stiff was taken into custody four days later. Redden returned to Duich's house and interviewed him a second time. According to Redden, Duich failed to give any specific names during the interview. It was not until approximately two months before the hearing that Redden became aware of Duich's claim that James had named Ragusa as the perpetrator. Redden was certain that Duich had not provided any names during the initial interviews. James was taken to Alton Memorial Hospital and was subsequently airlifted to the burn unit at St. John's Mercy Hospital in St. Louis (St. John's). Duich testified that a nurse at Alton Memorial Hospital told him to prepare for the worst and that James had only 72 hours to live. Duich did not relay that information to James. Duich testified that he maintained hope that James would live, until 5

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