People v. Dorris

• Decision Date: 18 November 1980
• Docket Number: Nos. 16239,16241,s. 16239
• Parties: , 46 Ill.Dec. 1 The PEOPLE of the State of Illinois, Plaintiff-Appellee, v. John DORRIS, Defendant-Appellant. The PEOPLE of the State of Illinois, Plaintiff-Appellee, v. Lawrence Lee EVANS, Defendant-Appellant.
• Court: United States Appellate Court of Illinois

Page 441

413 N.E.2d 441

90 Ill.App.3d 707, 46 Ill.Dec. 1

The PEOPLE of the State of Illinois, Plaintiff-Appellee, v. John DORRIS, Defendant-Appellant.

The PEOPLE of the State of Illinois, Plaintiff-Appellee, v. Lawrence Lee EVANS, Defendant-Appellant.

Nos. 16239, 16241.

Appellate Court of Illinois, Fourth District.

Nov. 18, 1980.

Daniel D. Yuhas, Deputy State Appellate Defender, Lawrence Bapst, Asst. State Appellate Defender, Springfield, Jon C. Baxter, Burger, Fombelle, Wheeler & Dvorak, P. C., Decatur, for defendants-appellants.

Thomas J. Difanis, State's Atty., Urbana, Gary J. Anderson, Deputy Director, State's Attys. Appellate Service Commission, Karen L. Boyaris, Staff Atty., Springfield, for plaintiff-appellee.

WEBBER, Justice:

Defendants were jointly tried in the circuit court of Champaign County for the murder of Charles Wilson, and the attempted murder of Willie Davenport, in violation of sections 9-1 and 8-4 of the Criminal Code of 1961 (Ill.Rev.Stat.1979, ch. 38, pars. 9-1 and 8-4). The jury was instructed on lesser included offenses and returned verdicts of guilty of involuntary manslaughter against Dorris and voluntary manslaughter against Evans; verdicts of guilty of aggravated battery were returned against both defendants. Dorris was sentenced to concurrent terms of imprisonment of 5 and 3 years; Evans was sentenced to an extended term of 10 years for voluntary manslaughter and the maximum term of 5 years for aggravated battery, to be served concurrently.

In the barest outline the evidence revealed that a group of people, 25 to 30 in number, had congregated at a car wash in the late evening hours of September 12, 1979. Dorris and Davenport were among them and had exchanged insulting words, principally concerning Dorris' dog. Dorris left the car wash in his car and chanced to met Evans, who was also driving about Champaign. Dorris invited Evans to accompany him to a celebration of Wilson's birthday and Evans agreed. Evans left his car at his home and got into Dorris' car, taking with him his gun.

Earlier in the afternoon of the same day Dorris had called at Evans' home and Evans had loaded the gun with bullets which he obtained from the glove box of Dorris' car with Dorris' consent. Evans testified that he did not tell Dorris that he was taking the gun with him.

The two returned to the car wash where Wilson and Davenport were present together with the other 25-to-30 people. Dorris got out of his car and again exchanged words and gestures with Davenport, who started walking toward his own car. At this juncture Evans, who was still seated in Dorris' car, commenced firing his gun at Davenport, and at Davenport's car. He then got out of Dorris' car and began chasing Davenport around his car, firing as he ran. At least one bullet struck Davenport in the thigh and when the chase ended, Evans struck Davenport on the head with the gun. At the conclusion of these events, Wilson was found lying prostrate with a chest wound from which he shortly expired. The bullet which was recovered from his corpse at the autopsy was not of the same type as those found in the glove box of Dorris' car. There was some controverted evidence that just before Evans began shooting Dorris was arguing with Davenport and moved away from him.

The State's theory against Dorris is one of accountability for the acts of Evans. (Ill.Rev.Stat.1979, ch. 38, par. 5-2(c).) In order to convict on such a theory the statute requires the elements of time, intent and actions. In the instant case, all of the evidence against Dorris was circumstantial. He was present at the scene, but so were 25 to 30 other people. His actions were limited: two arguments with Davenport, return to the car wash after the first argument and with Evans as a passenger, and movement away from Davenport just before the shooting. As to intent, the only evidence from which any intent might be inferred was the obtaining of some bullets from his car earlier in the day, contrasted with Evans' testimony that Dorris did not know that he was taking his gun along and that they returned to the car wash to pick up Wilson for the birthday celebration.

When a conviction rests upon circumstantial evidence only, every reasonable hypothesis of innocence must be excluded. A crime will never be presumed where the conditions may be explained on a hypothesis of innocence. People v. Trapps (1974), 22 Ill.App.3d 1029, 318 N.E.2d 108.

After carefully examining this record, we are unable to say that as to Dorris the State excluded every reasonable hypothesis of innocence. Therefore, his conviction and sentence are reversed.

In view of this holding, we need not address the issue as to whether the verdicts of voluntary and involuntary manslaughter, based on the same essential facts, are legally...