People v. Chapman

• Decision Date: 11 December 1992
• Docket Number: No. 1-90-3014,1-90-3014
• Citation: 262 Ill.App.3d 439,198 Ill.Dec. 877,633 N.E.2d 718
• Parties: , 198 Ill.Dec. 877 The PEOPLE of the State of Illinois, Plaintiff-Appellee, v. Jeffrey CHAPMAN, Defendant-Appellant.
• Court: United States Appellate Court of Illinois

Page 718

633 N.E.2d 718

262 Ill.App.3d 439, 198 Ill.Dec. 877

The PEOPLE of the State of Illinois, Plaintiff-Appellee, v. Jeffrey CHAPMAN, Defendant-Appellant.

No. 1-90-3014.

Appellate Court of Illinois,

First District, Fifth Division.

Dec. 11, 1992.

Michael J. Pelletier, Deputy Defender, Karen Daniel, Asst. Appellate Defender, Chicago, for defendant-appellant.

Jack O'Malley, State's Atty., (Renee Goldfarb, William D. Carroll, Christine Cook, Asst. State's Attys., of counsel) Chicago, for plaintiff-appellee.

Justice MURRAY delivered the opinion of the court:

The defendant, Jeffrey Chapman (Chapman), was convicted of first degree murder and armed robbery after a jury trial. Chapman was sentenced to concurrent terms of natural life and 30 years in the Illinois Department of Corrections. The facts of the case are as follows:

William Veber (Veber), the brother of the victim Linda Veber, testified that on May 24, 1988, he returned home and took a nap. Linda woke him up and asked him to move his car because it was blocking her way. The victim was wearing a blue jean skirt, a black sweater, and a black leather jacket. The following morning, Veber and his parents called the police station, hospitals, and the victim's friends in an attempt to locate the victim. Nine days later, the Hillside police notified the Veber family that Linda was found in Lake Michigan. Veber also testified that the victim drove a 1987 IROC Camaro with Illinois license plates that said "B-R-A-T 4." The last time Veber saw Linda's car, there was nothing wrong with the front passenger seat.

Susan Sabel (Sabel), the victim's best friend, testified that on May 22, 1988, at about 6 p.m., Sabel and Linda drove to Memorial Park in Linda's car. The two women met defendant at the park. When the victim and Sabel arrived at the park, defendant said the victim's car looked nice as well as commenting that she must have just waxed it. The victim, defendant and Sabel decided to go Sabel's house. Defendant followed the women in his old grey Honda Civic.

The three sat on Sabel's front porch talking for awhile. Sabel went inside the house to lay down on the couch. She heard defendant ask Linda if she wanted to get more beer, and then asked if they could take her car. The two left in defendant's car, returning in approximately 10 minutes. They sat on the porch and drank beer. Linda came into the house. Ten minutes later, Sabel went outside and told Linda that her boyfriend was on the phone and wanted to come over. Defendant left.

Sabel talked to Linda on the phone twice on May 24, 1988. Linda told Sabel that she was supposed to meet Chapman that night.

Thurmond Posley (Posley), testified that in May 1988 he lived with defendant and another person. Around 9 p.m., on May 24, 1988, Chapman rang the bell and told Posley that he was moving out to stay with his aunt. Chapman was in a rush trying to get his things together.

The court granted the State's motion in limine to preclude reference to Antonio Hutchinson's pending criminal case and his previous unlawful use of a weapon (UUW) misdemeanor conviction. Antonio Hutchinson (Antonio) testified that on May 24, 1988, around 9 a.m., he was at his mother's house and heard defendant pull up in his car and blow the horn. Defendant asked Antonio if he knew where he could sell his car. Antonio stated that he and defendant drove down Western Avenue trying to sell defendant's car, but were unsuccessful due to the fact that defendant did not have the title to the car. While driving down Western Avenue, defendant and Antonio passed an IROC Camaro and defendant commented while rubbing his hands together, that the car was "sharp" and "I'm going to have me one."

Antonio testified that he and Chapman returned to his house around 1 p.m. His mother returned from work around 4 p.m. Defendant returned around 8:30-9 p.m. and pulled up in a red Camaro. The red IROC Camaro had "B-R-A-T-T" license plates. When asked where he got the car, Chapman replied that he "popped the old girl" about five or six times. Chapman was rubbing his hands together and pacing back and forth, and asked Antonio to get him a towel so he could get "the stuff" off his seats. Antonio testified that he told defendant he could not give him a towel, and then returned upstairs.

Antonio further testified that Chapman returned 45 minutes later. Antonio looked out the window and saw two cars, the red Camaro and Chapman's grey Honda. He also saw defendant bend down at the Camaro and move a bag from the grey Honda to the red Camaro. A man with a high top haircut was with Chapman. Chapman then closed the trunk and pulled off. Antonio testified to his juvenile armed robbery offense when he was 15 years of age, to his adult conviction, and the pending case involving possession of a controlled substance. He also stated people sometimes call him Tony.

On cross-examination, Antonio admitted that he did not tell the police the truth right away. He denied ever meeting Linda as well as involvement in her murder. Antonio testified that he told police that defendant told him about a white girl from the suburbs named Linda, and that she had a fully equipped IROC. Antonio also told police that Chapman had a gun and wanted to do stick-ups together. "Old girl" is a slang term for "mothers."

Johnny James Smith (Smith), a police officer in East Point, Georgia, testified that on May 28, 1988, he was on patrol alone. At approximately 12:30 a.m. he pulled up to a Tenneco gas station. Smith noticed that the burgandy Camaro in the lot had expired Michigan license plates and called in the plates to the communications center. Smith discovered that the plates belonged to a Honda. Smith double-checked, and when he was told that the plates belonged to a Honda, Smith went to the convenience store and asked the clerk if the car was hers. The clerk said no, it belonged to Chapman. Smith asked the defendant what color the car was, and the defendant replied that it was burgandy. Smith further testified that he went outside and ran the vehicle identification number (VIN). He discovered that the car belonged to a missing person, Linda Veber.

Smith drove across the street and waited for Chapman to leave. After approximately 20-25 minutes, Chapman got in the car and began to pull away. Smith stopped Chapman and asked to see his driver's license, registration and insurance identification card. When defendant could not produce any of the requested items, Smith ran a name check and was informed that defendant was wanted in Michigan. Defendant was arrested and the Camaro was impounded.

Brigit Breitzman (Breitzman), one of Linda's coworkers, testified that Linda drove a rust-colored IROC. On May 24, 1988, she and Linda went to Linda's house for lunch. Breitzman noticed that the victim had some clothes and a camera in the car. The passenger seat was not broken. On that same day, Breitzman picked up the victim's phone at work. After taking the call and hanging up, Linda told Breitzman that she was going to say goodbye to Chapman.

Melissa Hutchinson (Melissa), Antonio's mother, testified that on May 24, 1988, she returned from work around 4 p.m. She stated that her son never left the house that night. Around 8:30-9 p.m., Chapman arrived at her house. When she looked out the window she saw Chapman standing next to a red IROC-Z. Antonio went downstairs to talk with Chapman. Chapman left, but returned about an hour later and replaced the license plates on the red car. Defendant's grey Honda was next to the IROC. Antonio did not go outside the second time defendant returned. Melissa also testified that her brother-in- law is Joel Hutchinson, Sr. whose nickname is Turk. Joel Jr. is called "Little Turk."

On cross-examination, Melissa denied calling defendant's mother and telling her that Chapman and Antonio were involved in the killing of a young white woman. Further, she denied telling defendant's mother that she got rid of the gun and defendant's car and not to worry about anything.

Rashiid Shareef, Chapman's father, testified that on the morning of May 27, 1988, he found his son parked outside his house in Griffin, Georgia, in a burgandy Camaro with an out-of-state license plate which read "BRAT 4." Chapman told Shareef that he had gotten into a dispute with someone regarding drugs, the person had been hurt, and Chapman had therefore left Chicago. Chapman said he borrowed the car from a friend. Shareef obtained Chapman's permission to drive the car to a restaurant, and Chapman went into the house carrying a plastic bag of clothing.

Upon his return, Shareef asked to see the registration for the car. When Chapman could not produce it, Shareef accused him of not telling the truth about what had happened. Chapman then stated that the car belonged to the "guy" who had been shot. Shareef told Chapman that he did not have any money for him and that Chapman would have to leave. Chapman responded that he knew some people in Atlanta, he would try to get some money, and he would be back in a couple of hours. While he was gone, Shareef telephoned Jeffrey's mother, Rita Chapman, who lived in Muskegon Heights, Michigan. Mrs. Chapman said that defendant had been in Muskegon before going to Atlanta. Mrs Chapman also mentioned the name Tony, and said that the victim was a girl who had been killed over a car. At trial Shareef testified that Mrs. Chapman never said defendant admitted killing the girl, but Shareef acknowledged his signature on a statement which said that defendant told his mother he had killed a girl. Shareef explained that this statement was not verbatim and had been written by the police officers who had interviewed him; Shareef did not tell the officers defendant had admitted killing someone.

Shareef later drove around looking for defendant. At approximately 5:30 p.m., he found Chapman walking. When defendant got into Shareef's truck, Shareef told him he had spoken with Rita Chapman....