People v. Brown, 4–09–0454.

• Citation: 351 Ill.Dec. 659,952 N.E.2d 32,406 Ill.App.3d 1068
• Decision Date: 08 March 2011
• Docket Number: No. 4–09–0454.,4–09–0454.
• Parties: The PEOPLE of the State of Illinois, Plaintiff–Appellee,v.Michael B. BROWN, Defendant–Appellant.
• Court: United States Appellate Court of Illinois

406 Ill.App.3d 1068

952 N.E.2d 32

351 Ill.Dec. 659

The PEOPLE of the State of Illinois, Plaintiff–Appellee,

v.Michael B. BROWN, Defendant–Appellant.

No. 4–09–0454.

Appellate Court of Illinois, Fourth District.

Feb. 8, 2011.Rehearing Denied March 8, 2011.

Michael J. Pelletier, State Appellate Def., Karen Munoz, Deputy Defender, Michael H. Vonnahmen (argued), Asst. Appellate Defender, Office of State Appellate Defender, for Michael B. Brown.William A. Yoder, McLean County State's Attorney, Patrick Delfino, Director, Robert J. Biderman, Dep. Director, Aimee Sipes Johnson (argued), Staff Atty., State's Attorneys Appellate Prosecutor, for People.

OPINION

Justice POPE delivered the judgment of the court, with opinion.

In April 2009, a jury found defendant, Michael B. Brown, guilty of two counts of first degree murder (720 ILCS 5/9–1(a)(1), (a)(2) (West 2008)) for the deaths of Calvin Walls and David Walls and of aggravated battery with a firearm (720 ILCS 5/12–4.2(a)(1) (West 2008)) in the shooting of Levar Walls. Additionally, defendant was found not guilty of aggravated battery with a firearm (720 ILCS 5/12–4.2(a)(1) (West 2008)) in the shooting of Montell Jones. In June 2009, the trial court sentenced defendant to natural life in prison on each first-degree-murder conviction to run concurrent with a 30–year prison term for the aggravated-battery-with-a-firearm conviction.

Defendant appeals, arguing (1) the trial court erred when it instructed the jury mid deliberation with Illinois Pattern Jury Instructions, Criminal, No. 24–25.09 (Illinois Pattern Jury Instructions, Criminal, No. 24–25.09 (4th ed.2000)) (hereinafter IPI Criminal 4th No. 24–25.09); (2) the evidence was insufficient to convict defendant of two counts of first degree murder and one count of aggravated battery with a firearm beyond a reasonable doubt; and (3) defendant is entitled to a $5–per–day credit against fines imposed for time spent in jail awaiting trial and sentencing. We affirm as modified and remand with directions.

I. BACKGROUND

At defendant's jury trial, Detective Daniel Donath, a crime-scene detective for the City of Bloomington, testified he went to an apartment building located in the 300 block of Riley Drive, Bloomington, Illinois, on February 12, 2008. When he arrived, he was told by another detective two deceased persons were found in the hallway between apartments five and six. He entered the building and noticed a bullet shell casing on the stairs leading to apartments five and six. As he walked up-stairs, he saw the deceased body of David Walls on the landing outside the apartments. To the right of David Walls, he noticed the deceased body of Calvin Walls. He also noticed additional shell casings in the hallway and patterns of blood on the hallway doors and walls. Upon entering apartment six, he observed a small spot of pooling blood on the living-room carpet. Also in the living room of apartment six, he observed shell casings on the floor, a black-handled knife on top of a big screen television, and a small black-handled paring knife underneath a fish tank. He also noticed four holes in the front door.

Detective Donath exited the back door of apartment six and proceeded to apartment five. He noticed a trail of blood coming from the carpet of apartment five that continued on the carpet and walls leading to the back door of the building. In apartment five, he observed shell casings on the living-room floor. He also observed a few holes in the living-room wall, a hole by the front door that was approximately waist-high, and a hole in the ceiling by the front door. He found a box for a Glock handgun containing a receipt showing the gun was purchased on October 4, 2000, by Rogers T. McElroy. He also found a magazine for a Glock handgun in the bedroom. Outside the apartment building, he observed a blood trail leading from the back entrance of the building to 601 Bradley, Bloomington, Illinois.

Additionally, he testified in April 2008 he responded to a call regarding a handgun found at Oakbrook Court Apartments in Bloomington, Illinois. He retrieved the handgun that was found on the roof of a single-story garage.

Detective Timothy Power, a detective for the City of Bloomington, testified he was dispatched to the scene of the incident on February 12, 2008. He observed two deceased black males on the upstairs landing of the apartment building. The bodies were later identified as David Walls and Calvin Walls. The two bodies were facedown with David Walls lying on top of Calvin Walls.

While in the hallway, he heard a male voice in apartment six crying in pain and saying he had been shot. The male was later identified as Levar Walls. Levar was lying on the living-room floor in a pool of blood. Levar told Detective Powers “Bam” had shot him and his two brothers.

Detective William Buchanan, a detective with the Bloomington police department, testified he was one of the initial officers dispatched to the call of shots fired at Riley Drive. While in apartment five, Detective Buchanan noticed the entire framework of the front door, including the door, was pushed inward. The door was still closed and undamaged

Detective Brent Smallwood, a detective with the Bloomington police department, testified he was also dispatched to the crime scene. Upon arrival, he parked his squad car at the corner of Mecherle and Riley Streets to question individuals leaving the area. When he stopped Jerry Nored's vehicle, Nored stated his passenger, Montell Jones, had been shot. Jones told Detective Smallwood he had been shot in the leg and arm.

Eric Purchis, a paramedic for the City of Bloomington, testified he was dispatched to Riley Drive to treat multiple gunshot wounds. He testified he treated Montell Jones, who had two gunshot wounds in his left forearm, two gunshot wounds in his right forearm, and one gunshot wound in his outer right calf.

Tracy Miller testified she lived at 333 Riley Drive, apartment two, in February 2008. On February 12, 2008, defendant briefly visited the apartment Miller shared with her boyfriend, Darron Epps. Defendant lived upstairs in the same apartment building. After defendant left, Miller heard a loud commotion on the stairs outside her apartment. Both she and Epps went into the hallway to determine the source of the commotion. While in the hallway, she observed David, Calvin, and Levar Walls being shoved out of defendant's apartment. She then observed the brothers attempt to regain entry by kicking and pushing the front door. As she was heading back to her apartment, she heard a loud bang that sounded like a door being kicked open. She also heard several gunshots and a commotion down the back stairwell. She then heard a young man screaming and two children crying. She ran upstairs and observed two men lying on top of each other in the doorway of Levar Walls' apartment. She also observed Levar Walls lying on the living-room floor in front of the fish tank, and two children sitting on the couch. She grabbed the children and went down the back staircase to her apartment. As she was going downstairs, she noticed blood on the stairs and wall.

Darron Epps testified he was in his apartment watching television with his girlfriend, Tracy Miller, on the night of the shooting. Defendant was visiting their apartment when they heard noises coming from defendant's upstairs apartment. Defendant left to check on his apartment. After defendant left, Epps continued to hear loud noises coming from defendant's apartment, and he went upstairs to investigate. He observed defendant pushing people into his apartment, while Levar Walls pushed people into the hallway. Once defendant's friends were inside his apartment, the door was closed. It is unclear from Epps' testimony whether defendant or Levar closed the door to defendant's apartment. Epps observed a man kick defendant's front door off its hinges and the three men enter defendant's apartment. Epps then heard gunshots, and he ran back to his apartment. He stayed in his apartment until he heard Levar Walls calling for help. As he was going upstairs, he noticed two men lying in the hallway by the front door to apartment six. He testified he did not observe anything in anyone's hands during the altercation.

Levar Walls testified in February 2008 he lived at 333 Riley Drive, apartment six, with his girlfriend, Tanesha Phillips. On February 12, 2008, he was inside his apartment when he heard a loud noise at his front door. He opened the door and saw his two brothers arguing with a tall black man, a white man, and Montell Jones in the hallway outside defendant's apartment. He went into the hallway and grabbed his brothers. The tall black man attempted to hit Calvin, and the white man and Jones grabbed David and pulled him into defendant's apartment. Because the apartment door had been locked, Calvin kicked the door open. Levar and Calvin grabbed David and headed to Levar's apartment. Levar testified he was not holding anything in his hands during the confrontation, and he did not observe anything in his brothers' hands. He further testified he did not enter defendant's apartment that night, and he did not see Calvin enter the apartment.

As Levar walked back to his apartment, he heard a loud bang. He turned around and saw defendant shooting a gun at him. He was shot twice in the buttocks before he was able to reach his apartment. He entered his apartment and closed the door, but defendant continued shooting through the closed door. Levar was knocked down by a shot to his leg. Defendant then entered the apartment, pointed the gun at Levar, and said he was going to kill him. David and Calvin ran upstairs to Levar's apartment, and defendant turned around and immediately started shooting at them. Calvin reached the front door of the apartment before defendant shot him. David reached defendant and attempted to push his left arm down before falling on top of Calvin. Defendant then left...