People v. Coleman
| Decision Date | 03 February 1994 |
| Docket Number | No. 72151,72151 |
| Citation | 158 Ill.2d 319,198 Ill.Dec. 813,633 N.E.2d 654 |
| Parties | , 198 Ill.Dec. 813 The PEOPLE of the State of Illinois, Appellee, v. Dedrick COLEMAN, Appellant. |
| Court | Illinois Supreme Court |
Roland W. Burris, Atty. Gen., Springfield, and Jack O'Malley, State's Atty., Chicago (Terence M. Madsen, Asst. Atty. Gen., Chicago, and Renee G. Goldfarb and Linda Woloshin, Asst. State's Attys., of counsel), for the People.
Defendant, Dedrick Coleman, was charged with the April 26, 1989, shooting deaths of Lance Hale and Avis Welch. The charges against defendant included 10 counts of first degree murder (Ill.Rev.Stat.1987, ch. 38, pars. 9-1(a)(1), (a)(2), (a)(3)), two counts of armed robbery (Ill.Rev.Stat.1987, ch. 38, par. 18-2(a)), four counts of home invasion (Ill.Rev.Stat.1987, ch. 38, pars. 12-11(a)(1), (a)(2)), two counts of armed violence (Ill.Rev.Stat.1987, ch. 38, pars. 33A-29-1(a)(2)), and two counts of residential burglary (Ill.Rev.Stat.1987, ch. 38, par. 19-3). After a jury trial in the circuit court of Cook County, defendant was convicted of two counts each of first degree murder, armed robbery, and home invasion. Defendant waived the right to be sentenced by the jury and the trial court found him eligible for the death penalty and sentenced him to death. (Ill.Rev.Stat.1987, ch. 38, par. 9-1(h).) Defendant was also sentenced to concurrent terms of 30 years for the home invasions, and to concurrent terms for the armed robberies: 30 years for the armed robbery of Hale, and 60 years for the armed robbery of Welch. The sentences for armed robbery were to be served consecutive to the terms for home invasion. Defendant's death sentences were stayed pending direct appeal to this court. Ill. Const.1970, art. VI, § 4(b); 134 Ill.2d Rules 603, 609(a).
Testimony at trial revealed the following. About a month before the April 26, 1989, slayings, defendant and Alex McCullough had an argument concerning drugs. McCullough ran an illegal drug business in Chicago and employed defendant in the trade. McCullough was also the boyfriend of defendant's sister, Fredricka. The cause of the argument was defendant's alleged theft of seven ounces of cocaine and $2,000 from McCullough.
On the evening of April 25, 1989, defendant went to the house of Victor Truell, his cousin, and told Truell that he was going to "scope out" McCullough's drug house at 43rd and Princeton in Chicago in order to "[s]tick it up." Defendant also told Truell that he and McCullough had been threatening each other. Defendant was wearing a Bulls jacket, black pants, gym shoes, and black gloves that evening. Defendant also had a gun, which Truell identified as People's exhibit number one.
Around 5:30 a.m. or 5:45 a.m. on April 26, 1989, Aldene Lockett, who lived above the drug house at 43rd and Princeton, heard voices coming from the drug house. Shortly thereafter, Lockett heard a shot and something fall. Lockett later heard two more shots and then a door open. At this time, Lockett looked out her window and saw a young man around 5 feet 6 inches to 5 feet 8 inches tall dressed in black and wearing sunglasses.
Later that morning, defendant visited Truell and asked him if he had heard about the two people killed at 43rd and Princeton. Truell had not heard about the murders and defendant told him that he had killed the two. Defendant described what happened.
[198 Ill.Dec. 819] Defendant went up to the window of the drug house and asked for $8 worth of cocaine. When the man behind the window turned his back, defendant shot him through the window. This man, defendant told Truell, was "Greg's brother." Hale was in fact the brother of Gregory Taylor. Defendant then climbed into the drug house through the window and went to the front room where [158 Ill.2d 328] he found the female victim. This woman begged for her life but defendant ordered her to get down on the floor. Defendant then shot her in the head. Defendant took $400 from the male victim, as well as three rings and a gold chain from the drug house. Defendant showed these items to Truell
Defendant later told Francisco Rico Balberas (Rico) about the murders. Defendant told Rico that he had shot a "boy" and a "girl" in the head on April 26, 1989, on the south side of the city. Rico did not believe defendant, but defendant insisted that he was telling the truth.
On May 1, 1989, defendant, his girlfriend Dorothy, Rico, and Truell went to defendant's sisters' apartment. At this time, defendant showed Rico a gun, which Rico identified as People's exhibit number one. Once inside the apartment, defendant warned his sister, Laurarence Coleman, that she and another sister, Sophia, should stay away from McCullough because a "hit" was placed on him. Defendant denied placing the "hit" on McCullough. Laurarence saw defendant's gun and briefly took it away from him. Laurarence identified the gun as People's exhibit number one. Defendant also asked Laurarence questions about McCullough, such as when he left his home, whether he carried a gun, and how much money he usually carried.
As defendant, Dorothy, Rico, and Truell began to leave the apartment, McCullough was just outside the door. Truell tried to close the door, but McCullough pushed his way into the apartment. McCullough did not have his gun drawn at this time. Defendant began to shoot at McCullough and, as McCullough drew his gun, defendant grabbed Sophia by the neck and used her as a shield. Defendant then shot McCullough and left the apartment through the back. McCullough later died from the gunshot.
Later that day, defendant went to Truell's apartment around 4 or 5 p.m. with a bottle of champagne. Defendant told Truell that he wanted it said that he shot McCullough in self-defense. The two later turned themselves in to the police.
Truell told the police about McCullough's murder and further informed them about defendant's participation in the murders of Hale and Welch. Defendant was arrested for the murder of McCullough. Several months later, defendant was charged with Hale's and Welch's murders.
On May 2, 1989, Lockett viewed a lineup which included defendant. Lockett identified defendant as similar in height and description to the man she had seen leaving the drug house. Lockett asked the police to make the men wear sunglasses, which all the participants did, except defendant, who refused. Lockett could not positively identify defendant as the man she saw leaving the drug house.
On May 5, 1989, defendant called Rico from the county jail. Defendant told Rico to get rid of the gun he used to kill McCullough by throwing it down a sewer. Defendant also wanted Rico to take the gun apart and jam something down the barrel. Defendant told Rico where to find the gun. Rico found the gun and gave it to his cousin "Bubba."
Rico spoke to the police on May 7, 1989, and retrieved defendant's gun for them. This gun became People's exhibit number one. According to the Chicago police department's firearms technician, this gun fired the bullet that killed McCullough. Moreover, the bullet that killed Hale had the same class characteristics as the bullet that killed McCullough: six lands and grooves to the left, the same widths on the lands and grooves, and the same manufacturer. Damage sustained by the bullet as it entered Hale's head, however, precluded a positive determination that it had been fired from the same weapon that killed McCullough.
In May 1989, defendant called Roscita Balberas, Rico's sister, from the Cook County jail. Defendant told Roscita about the While defendant was incarcerated at the Cook County jail, he shared a cell with Herbert Arch. Defendant told Arch that he was in jail for killing McCullough. Defendant also told Arch that he had previously served time in jail for stealing meat trucks while working for McCullough. According to defendant, McCullough had owed him money for going to prison for him, but had never paid defendant. Because of this, defendant told Arch, he had planned to kill McCullough once he got out of prison. Once out of prison for the theft, defendant began selling drugs for McCullough and took seven ounces of cocaine and some money from him. Defendant also told Arch that the gun he used to shoot McCullough had "2 or 3 murders in it," and that it was the same gun he used to kill the two at McCullough's drug house.
[198 Ill.Dec. 820] McCullough murder and also described the shooting at the drug house. Defendant told Roscita that he had shot a man in the head and had made a woman get down on the ground before shooting her. The woman begged for her life, saying: "You can rape me or do anything you want to do. Please don't kill me." Defendant told the woman to "shut up, Bitch" and shot her in the head. Defendant also told Roscita to tell Rico and another man to have defendant's brother kill Truell so that he could not testify about McCullough's murder
Additional facts will be presented where required for a thorough discussion of the issues.
Defendant raises 14 issues in his appeal, the first six of which concern trial error. Defendant argues: (1) he was denied a fair trial where the trial court allowed admission of evidence of other crimes to show his propensity to commit crime; (2) he was denied a fair trial when the prosecutor elicited testimony regarding prior aliases used by defendant and such information was immaterial to any issue in this case; (3) he was denied a fair trial where the prosecutor, during cross-examination of defendant, reminded him that there had been no plea agreement offer made; (4) he was denied a fair trial where the character of one of his key witness was improperly attacked during...
To continue reading
Request your trial
-
People v. Fountain
...in order to acquit defendant. People v. Banks, 237 Ill.2d 154, 184–85, 343 Ill.Dec. 111, 934 N.E.2d 435 (2010) (citing People v. Coleman, 158 Ill.2d 319, 346, 198 Ill.Dec. 813, 633 N.E.2d 654 (1994) ). Here, the prosecutor never argued that the jury would have to believe the State's witness......
-
People v. Brown
...909, 658 N.E.2d 391; People v. Simms, 168 Ill.2d 176, 191-92, 213 Ill.Dec. 576, 659 N.E.2d 922 (1995); People v. Coleman, 158 Ill.2d 319, 357, 198 Ill.Dec. 813, 633 N.E.2d 654 (1994). Evidence of gang affiliation may also be admitted to rebut mitigating evidence offered by a defendant. Daws......
-
People v. Robinson
...both an objection at trial and a post-trial motion, such issues are waived for purposes of appeal. (People v. Coleman (1994), 158 Ill.2d 319, 333, 198 Ill.Dec. 813, 633 N.E.2d 654; People v. Enoch (1988), 122 Ill.2d 176, 186, 119 Ill.Dec. 265, 522 N.E.2d 1124.) Thus, defendant has waived th......
-
People v. Jackson
...burden of proof. See People v. Johnson , 208 Ill. 2d 53, 84, 281 Ill.Dec. 1, 803 N.E.2d 405 (2003) ; People v. Coleman , 158 Ill. 2d 319, 345, 198 Ill.Dec. 813, 633 N.E.2d 654 (1994). Not all improper argument is "serious" error under the plain error doctrine. See People v. Adams , 2012 IL ......