People v. Dennis
| Decision Date | 20 April 2007 |
| Docket Number | No. 2-04-1161.,2-04-1161. |
| Citation | 866 N.E.2d 1264 |
| Parties | The PEOPLE of the State of Illinois, Plaintiff-Appellee, v. Kebron R. DENNIS, Defendant-Appellant. |
| Court | United States Appellate Court of Illinois |
Following a jury trial, defendant, Kebron R. Dennis, was found guilty of attempted first-degree 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 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 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 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.
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 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...
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...for aggressiveness and violence may be admissible to support the defendant's account of events. People v. Dennis, 373 Ill.App.3d 30, 52, 310 Ill.Dec. 662, 866 N.E.2d 1264 (2007) (citing Lynch, 104 Ill.2d at 200, 83 Ill.Dec. 598, 470 N.E.2d 1018). The first purpose requires that the defendan......
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People v. Hampton
...such as the testimony offered by Camille Foster in this case. See People v. Dennis , 373 Ill. App. 3d 30, 52-53, 310 Ill.Dec. 662, 866 N.E.2d 1264 (2007). Evidence that a victim has made threats against the defendant is also relevant and admissible. Lynch , 104 Ill. 2d at 201, 83 Ill.Dec. 5......
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People v. Botsis, 1-07-3118.
... ... In addition to the medical personnel who came in and out of defendant's room during questioning, Saifuku testified defendant's family was present at times ... This fact situation is not close to that in People v. Dennis, 373 Ill.App.3d 30, 310 Ill.Dec. 662, 866 N.E.2d 1264 (2007), relied on by the defendant. There, the State agreed defendant was under arrest and in custody when he spoke to the police officer at the hospital. Dennis, 373 Ill.App.3d at 46, 310 Ill.Dec. 662, 866 N.E.2d 1264. Based on the record ... ...
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People v. Brown
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