Docket No. 81624-Agenda 1-January 1999.

THE PEOPLE OF THE STATE OF ILLINOIS, Appellee, v. TERRENCE BROOKS, Appellant.

Opinion filed June 17, 1999.

JUSTICE RATHJE delivered the opinion of the court:

On August 7, 1991, three members of the Gangster Disciples street gang were killed during two drive-by shootings inChicago's Englewood neighborhood. The shots that killed them were fired from a taxicab by members of a rival gang, theBlack Disciples. The shootings were provoked by an earlier incident in which a member of the Gangster Disciples shot atthe car of a Black Disciple. In connection with the incident, a grand jury indicted defendant, Terrence Brooks, for threecounts of first degree murder (intentional) (Ill. Rev. Stat. 1991, ch. 38, par. 9-1(a)(1)), three counts of first degree murder(knowing) (Ill. Rev. Stat. 1991, ch. 38, par. 9-1(a)(2)), three counts of attempted first degree murder (Ill. Rev. Stat. 1991,ch. 38, pars. 8-4(a), 9-1(a)), three counts of conspiracy to commit first degree murder (Ill. Rev. Stat. 1991, ch. 38, pars.8-2(a), 9-1(a)(1)), and one count of aggravated discharge of a firearm (Ill. Rev. Stat. 1991, ch. 38, par. 24-1.2(a)(2)). TheState later nol-prossed the aggravated discharge of a firearm and conspiracy counts.

Defendant and a codefendant, Maurice Deloney, were tried in a bench trial that was conducted simultaneously with the jurytrial of Ivan Smith and the severed bench trials of Javan Deloney and Curtis Milsap. The circuit court of Cook Countyfound defendant guilty of six counts of first degree murder and three counts of attempted first degree murder. Defendantwas convicted based upon the statements of several eyewitnesses. Following a sentencing hearing, a jury found nomitigating factors sufficient to preclude the death penalty. Accordingly, the court sentenced him to death. Defendant'sexecution has been stayed pending direct review by this court. Ill. Const. 1970, art. VI,