People v. Campbell
| Decision Date | 09 April 2019 |
| Docket Number | No. 1-16-1640,1-16-1640 |
| Citation | 2019 IL App (1st) 161640,129 N.E.3d 603,432 Ill.Dec. 385 |
| Parties | The PEOPLE of the State of Illinois, Plaintiff-Appellee, v. DeAngelo CAMPBELL, Defendant-Appellant. |
| Court | United States Appellate Court of Illinois |
James E. Chadd, Patricia Mysza, and Richard Connor Morley, of State Appellate Defender’s Office, of Chicago, for appellant.
Kimberly M. Foxx, State’s Attorney, of Chicago (Alan J. Spellberg and Whitney Bond, Assistant State’s Attorneys, of counsel), for the People.
¶ 1 DeAngelo Campbell was found guilty of aggravated unlawful use of a weapon and sentenced to one year in prison. On appeal, Campbell contends that the State failed to prove him guilty beyond a reasonable doubt because the police officers' testimony was not credible and there was no physical evidence linking him to the gun. Specifically, Campbell argues that it is inherently incredible that he would have dropped the gun he was accused of possessing in plain view of the officers.
¶ 2 While we are not insensitive to Campbell's claim about the systemic credibility problems created by this so-called "dropsy" testimony, we affirm because, after viewing the evidence in the light most favorable to the State, we conclude that the officers' testimony was not so unworthy of belief as to render the trial court's finding of guilt unreasonable.
¶ 4 Campbell was charged with nine counts of aggravated unlawful use of a weapon (AUUW) ( 720 ILCS 5/24-1.6(a)(1), (a)(3)(C) (West 2016) ) stemming from a traffic stop. Campbell waived his right to a jury trial.
¶ 5 At trial, Chicago police officer Michael Laurie testified that on the night of May 31, 2015, he was working with a team of officers patrolling the area near the 4700 block of South Ellis Avenue due to recent shootings between gangs. Laurie, along with his partner, Officer Steven Hefel, was in a covert vehicle. Five other police officers—Richard Sanchez, Osbiel Montoya, Goetz, Suing, and Stevan Vidljinovic—were in two other covert vehicles. All three vehicles were traveling on Ellis Avenue and in constant radio communication.
¶ 6 At 4722 South Ellis Avenue, Laurie saw a white Dodge Durango illegally double-parked and obstructing traffic. The lead vehicle, occupied by Goetz, Suing, and Vidljinovic, passed the Durango and stopped in front of it. The other two vehicles, including the one Laurie was in, parked behind the Durango. Following communication with the lead vehicle that they had identified the smell of cannabis emanating from the Durango, the officers conducted a narcotics investigation. Laurie, Sanchez, Montoya, Goetz, Suing, and Vidljinovic approached the Durango, which drove about five feet before stopping. None of the officers had their weapons drawn at this point. When Laurie was about 12 to 15 feet away from the Durango, the right rear passenger door opened and Campbell began running. Laurie instructed him to get back inside the Durango. Campbell did so.
¶ 7 As Campbell was returning to the Durango, Laurie saw him retrieve a handgun with a wooden grip, later identified as a Smith & Wesson .38-caliber revolver, from his waistband and throw it onto the floorboard of the back seat. Campbell then got in and shut the door. On seeing the gun, Laurie drew his service weapon and immediately began yelling "gun" to inform the other officers, who were surrounding the vehicle. Though nighttime, there was street lighting and lighting from the police vehicles' headlights. Laurie and Montoya removed Campbell from the Durango and placed him in custody. Laurie then informed Vidljinovic, who was on the other side of the Durango, about the handgun located on the floorboard so that he could recover it. Laurie identified two other individuals, who were in the driver's seat and the front passenger seat of the Durango. The incident happened within seconds.
¶ 8 Chicago police officer Vidljinovic testified that he was patrolling the area near a covert vehicle with Officers Goetz and Suing. Four other officers were also patrolling in two covert vehicles. He saw an illegally double-parked Dodge Durango that was obstructing traffic. Vidljinovic's vehicle passed the Durango, and he smelled an odor of cannabis. Vidljinovic stopped in front of the Durango, and the other two covert vehicles parked behind it.
¶ 9 Vidljinovic, Goetz, and Suing approached the Durango without their weapons drawn and announced their office. The Durango shifted gears and drove in the direction of the officers, at which time Vidljinovic and the other two officers drew their weapons. The Durango came to an abrupt stop after traveling a few feet. The three occupants were instructed to park and show the officers their hands. The two individuals in the front complied, but Vidljinovic could not see Campbell, who was in the back seat. The rear passenger's side door opened, and he heard some commotion. After hearing the passenger's side door shut, he approached and opened the rear driver's side door. Officers Laurie and Montoya were securing Campbell on the other side. Laurie informed Vidljinovic of the handgun, which he located on the floorboard underneath the back seat and secured. He also confirmed that it was loaded and later inventoried.
¶ 10 Officer Vidljinovic prepared a police report with the input and observations from the other officers. The report served as a summary of events that occurred. The other officers had the opportunity to review and edit the report. Absent from the report was Laurie seeing Campbell trying to get away from the vehicle before being instructed to return to it. The report stated that Campbell placed the handgun inside, as opposed to tossing it, as testified to by Laurie.
¶ 11 Chicago police officer Montoya testified that, as he and the other officers approached the Durango, he saw Campbell, who was about 10 to 12 feet away, getting out and moving towards the curb at a fast pace. He heard Laurie direct Campbell to get back inside, which he did. As Campbell approached the Durango he tossed a large object with a brown handle onto the back seat floorboard, later identified as a handgun. Montoya and Laurie then detained Campbell.
¶ 12 The State introduced a certification that Campbell did not have a firearms owner's identification card. The State closed, and Campbell moved for a directed verdict, which the trial court denied.
¶ 13 Sayna Williams, Campbell's girlfriend, testified that she has resided with Campbell for many years. On that night, he contacted her to tell her he was coming home and would need her to let him into the apartment. When he arrived, Williams was standing at the front door to the building. She saw the Durango stop in front. Williams knew what kind of car Campbell would be in and generally knew who else was in the car with him. She could see Campbell speaking with the individual in the passenger seat. Then, she saw him start to get out. Williams explained that Campbell only had one leg out of the Durango as the police quickly came up to him and told him to get out. She stated that she saw three police vehicles and at least five police officers. She was about 10 feet away, but the lighting was not good because the street lights were out. She attempted to learn why Campbell was being arrested, but the officers instructed her to go inside. Williams never saw Campbell with a handgun.
¶ 14 On cross-examination, Williams explained that Campbell did not have a key to the apartment because it cost $ 75. She also stated that she had not spoken with Campbell about his case even though they still resided together.
¶ 15 Campbell testified that he was at a family member's house and asked a friend for a ride to his apartment, which he and Williams shared. His friend drove the Dodge Durango. As Campbell said goodbye to his friends and began to get out, he saw the police officers, who were yelling at him to get back in. He was then placed in handcuffs by one of the officers. Campbell stated that he did not have a handgun on his person at any point, he did not see a gun in the Durango at any time, and the Durango was crowded with "a lot of stuff." The defense rested.
¶ 16 In finding Campbell guilty on all nine counts of AUUW, the trial court made the following findings regarding the credibility of the witnesses. The court noted that every witness has a bias, but it found that the officers' testimony was consistent and credible and the varying terminology as to how the gun arrived on the floorboard was insignificant. The court had some issues with the credibility and consistency of Campbell and his girlfriend's testimony. Specifically, it was odd that Williams stated that she had not spoken to Campbell about the case and that Campbell did not have a key to an apartment where he had been living for several years. Campbell filed a motion for new trial, which was denied. The trial court later sentenced Dixon to the statutory minimum of one year in prison.
¶ 18 Campbell argues that the evidence was insufficient to convict him on several grounds. He points to inconsistencies between the officers' testimony and the police reports. He notes the lack of physical evidence connecting him to the gun. He describes his own testimony as the more plausible version of events. Most importantly, however, he argues that the officers are incredible because it is beyond human experience to believe that he tossed the gun into the Durango in sight of the officers. This type of testimony is referred to as "dropsy" testimony. The State counters by minimizing the lack of physical evidence and downplaying the officers' inconsistencies as minor. The State also argues that, to the extent "dropsy" testimony exists, it is not a basis on which to categorically disbelieve the officers' testimony. While we have serious reservations about the plausibility of a suspect openly discarding contraband with knowledge of police presence,...
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