People v. Cochran

• Decision Date: 19 January 1989
• Docket Number: No. 4-88-0175,4-88-0175
• Citation: People v. Cochran, 533 N.E.2d 558, 178 Ill.App.3d 728, 127 Ill.Dec. 686 (Ill. App. 1989)
• Parties: , 127 Ill.Dec. 686 The PEOPLE of the State of Illinois, Plaintiff-Appellee, v. Richard COCHRAN, Defendant-Appellant.
• Court: Appellate Court of Illinois

Page 558

533 N.E.2d 558

178 Ill.App.3d 728, 127 Ill.Dec. 686

The PEOPLE of the State of Illinois, Plaintiff-Appellee, v. Richard COCHRAN, Defendant-Appellant.

No. 4-88-0175.

Appellate Court of Illinois Fourth District.

Jan. 19, 1989.

J. Steven Beckett, Beckett & Crewell, Champaign, for defendant-appellant.

Roger Simpson, State's Atty., Monticello, for plaintiff-appellee.

Justice KNECHT delivered the opinion of the court:

A Piatt County circuit court jury convicted defendant Richard Cochran of the aggravated battery of Michael Pace in violation of section 12-4(a) of the Criminal Code of 1961 (Ill.Rev.Stat.1987, ch. 38, par. 12-4(a)). The court sentenced him to 18 months' probation, payment of a $500 fine and court costs, and restitution of the victim's lost wages. Defendant was further ordered to receive counseling and to serve five days' imprisonment subject to work release. Defendant appeals, raising issues of reasonable doubt, sufficiency of instructions, and prejudicial testimony.

The events occurred at defendant's residence, where he lived with his wife Darla and their son. Cecilia Bohlen lived next door, where a wedding reception was held on the evening of August 8, 1987. Present at the reception were Pace, his wife Rebecca, Daniel Reynolds, and his fiancee, Teresa Bohlen, who is Rebecca Pace's sister. Cecilia Bohlen is Rebecca's and Teresa's aunt.

Daniel Reynolds testified while walking to his truck at about 8:30 or 9 p.m. following the reception, he heard someone say, "call the law" from near the Bohlen residence. As he approached the Bohlen residence in his truck, he slowed in order to pick up Teresa, who stopped Reynolds and spoke to him. Reynolds exited his vehicle and proceeded to the Cochran side of the fence between the two properties.

He observed Michael Pace between defendant and Darla, who stood against the fence. Defendant angrily yelled at Pace to stay out of it, that it wasn't any of his affair. Darla told defendant to leave her alone and to leave the premises. Defendant leaned in toward Pace with a pushing motion, hands waist-tochest high, at a speed between a walk and a run. Pace then struck defendant in the jaw, and both men went to the ground.

Reynolds testified once he separated the two men, defendant and Pace faced each other, standing about three to three and one-half feet apart. Pace faced Reynolds and defendant's back was to Reynolds. When Pace "hesitated" and looked to his right, his arms and hands to his sides, defendant hit Pace in the eye. Pace fell on his back. Defendant then jumped on Pace. Reynolds testified defendant's knee-to-shoulder area landed on Pace. Reynolds again separated the men. Reynolds estimated from the time he broke up the first fight until defendant hit Pace, one to three minutes elapsed. Once Reynolds let defendant up, defendant walked to the back of the Cochran yard to speak to Rebecca Pace.

On cross-examination, Reynolds testified he and Pace had consumed beer and food at the wedding reception. He saw no physical violence between defendant and Darla during the incident.

On redirect, Reynolds testified during the second scuffle, he stood three and one-half to four feet behind defendant, facing the same direction. Pace stood facing defendant.

Teresa Bohlen, now Teresa Reynolds, testified she had gone into her aunt's house to retrieve her purse prior to leaving. While walking through the living room, she heard someone say, "Becky, help me. Becky, help me." She did not recognize the voice, but knew it came from the Cochran's. Walking onto the front porch, she saw Darla against the fence with defendant in front of her. Darla's head leaned back over the top of the fence. Defendant's arms were extended in the vicinity of Darla's neck. Teresa could not see defendant's hands.

Teresa testified Pace ran toward the fence and Reynolds approached in his truck. She saw Pace run around the end of the fence into the Cochran yard. Teresa ran to the truck and told Reynolds defendant and Pace were "into it."

Teresa stated Pace stood between defendant and Darla, off to one side. Reynolds was also present. Pace, defendant, and Darla were yelling. Rebecca Pace and Teresa took Darla into the Bohlen home and called police. Teresa exited the house, then stood in the driveway to observe. She looked away from the scene and, when she looked back, defendant was on top of Pace.

After again entering and exiting the house, Teresa saw Reynolds on top of defendant, holding him down. When Reynolds released defendant, defendant repeatedly stated he wanted to talk to Rebecca. Rebecca and defendant walked toward the rear of defendant's house.

After examining Pace's injury, Teresa walked toward the back of defendant's house and, at a distance of five to six feet, overheard a conversation between Rebecca Pace and defendant.

"STATE'S ATTORNEY: What did you hear?

[DEFENSE COUNSEL]: Objection, Judge. Again, can we approach the Bench?

(Side bar held out of the hearing of the court reporter.)

THE COURT: Objection overruled. She may answer.

Q. What did you hear, Mrs. Reynolds?

A. I overheard Becky asking Rick why did he always hit Darla, why did he always beat on her, and Rick replied that--

[DEFENSE COUNSEL]: Objection to what Becky said. I think I can do that. That's hearsay.

[STATE'S ATTORNEY]: I don't think the conversation makes any sense with just one side of it.

THE COURT: Overruled. She may continue.

A. Rick replied, she just makes me so mad, Becky. She just makes me so mad."

On cross-examination, Teresa stated she saw no blows. She, Reynolds, and Pace drank beer at the reception. The area in which the men fought was illuminated by a streetlight and by the Bohlen porch light. She could not see defendant's hands when defendant and Darla were at the fence, but stated defendant's elbows were up. Darla's head was bent over the fence, which came up to about Darla's mid-shoulder blade. Teresa testified defendant was not lifting Darla up. On redirect, Teresa stated no more than a minute elapsed from the time she stepped out onto the driveway until she saw Pace and defendant scuffling on the ground.

Michael Pace testified he left the reception with Rebecca at dusk. The Bohlen garage and back porch lights were on. While getting into his car, parked in the Bohlen driveway, he heard a female voice say, "Help, help Becky, help" from the Cochran yard. Pace saw Darla up against the chain link fence. Darla's head was bent back over the top of the fence. Defendant had his hands around Darla's neck, putting pressure on her. Pace testified Darla shook back and forth in a rocking motion trying to get away.

Pace estimated he was 20 to 30 feet away. He ran to the Cochran side of the fence. He saw defendant's hands on Darla's neck, but stated it did not seem like defendant was trying to choke her. Pace stepped between defendant and Darla. Defendant backed off and faced Pace. Darla moved behind Pace next to the fence. Defendant stated angrily that it was none of Pace's business and told him to get out. Pace said he couldn't do that. Darla said, "Rick why don't you just get the hell out of here." Pace testified defendant's expression became angrier at that point. Defendant and Pace stood about three feet apart.

Pace testified defendant took a quick step--between a run and a walk--toward him. Defendant's arms were coming up. Pace stood still, with his open hands to his sides. Pace felt threatened and struck defendant in the mouth with his fist. Pace did not see Darla at that point but felt that her presence kept him from leaving since she would have had no protection.

Defendant said, "What did you do that for?" several times. Pace's open hands were at his side. Pace did not move or speak in the 30 to 45 seconds between the first and second blows. Pace testified he looked to the left, toward the Bohlen home, to see if Darla was still at the fence. He was then hit near his right eye. Pace said he did not see who or what hit him. He fell flat on his back and felt a body land on his collarbone area. When he opened his eyes, he saw defendant on top of him. They struggled on the ground, at which time Pace realized he had been injured. He was later treated for a broken collarbone.

On cross-examination, Pace stated though he lost sight of Darla, he assumed Darla was still present after he stepped between the Cochrans, so he felt he could not leave. He did not see Darla until she told defendant to leave. After Darla told defendant to leave, defendant's arms came up when he stepped toward Pace. He did not see Teresa or Rebecca take Darla away. Pace estimated he had consumed five to six beers that night. Pace stood 5 feet 11 inches tall and weighed 164 pounds. He stated there was no streetlight illuminating the area of the fight. He stated the fence between the Cochran and Bohlen properties measured about four feet high. When Pace first saw the Cochrans, Darla's head was bent completely back over the fence and Pace could see her eyes. He could not tell if her feet were off the ground.

On redirect, Pace estimated defendant's size at 5 feet 10 inches tall and 165 pounds. Pace testified that during the incident he said only two things to defendant--the initial, "Hey, what's going on here," when he encountered the Cochrans, and, "I can't do that" when defendant told him to leave.

Rebecca Pace testified she was sitting in her car preparing to leave the wedding reception when she heard a voice calling "Help. Help Becky. Help me." It was loud and came from the direction of the Cochran residence. Rebecca saw Darla pushed against the fence, her head "pointed back" over the fence. Defendant was up against her. Becky could not see defendant's hands. Darla appeared to be shaking back and forth. When Rebecca reached the scene, defendant was telling Pace to leave. Defendant stood three feet in front of Pace. Darla was behind Pace and to his left.

Rebecca stated when defendant took a step...