People v. Fields, 58964

• Decision Date: 07 August 1975
• Docket Number: No. 58964,58964
• Citation: 334 N.E.2d 752,31 Ill.App.3d 458
• Parties: PEOPLE of the State of Illinois, Plaintiff-Appellee, v. Nathson FIELDS, Defendant-Appellant.
• Court: United States Appellate Court of Illinois

Page 752

334 N.E.2d 752

31 Ill.App.3d 458

PEOPLE of the State of Illinois, Plaintiff-Appellee, v. Nathson FIELDS, Defendant-Appellant.

No. 58964.

Appellate Court of Illinois, First District, Third Division.

Aug. 7, 1975.

Paul Bradley, State Appellate Defender, Chicago, for defendant-appellant; Lynn Sara Frackman, Chicago, of counsel.

Bernard Carey, State's Atty., Chicago, for plaintiff-appellee; Patrick T. Driscoll Jr., Linda West Conley, Chicago, of counsel.

MEJDA, Justice.

Defendant, Nathson Fields, was tried by a jury and found guilty of the murder of Larry Watkins, the aggravated battery of Charles Merriweather, and the attempted murder and aggravated battery of George Woods. The trial court sentenced defendant to serve concurrent terms in the penitentiary of 35 to 50 years for murder, 10 to 20 years for attempted murder, and one to 10 years for aggravated battery. Defendant appeals, raising the following contentions:

1) The trial court erred in refusing to suppress defendant's written statement as the 'fruit' of a warrantless arrest made without probable cause;

2) The trial court erred in refusing to suppress defendant's involuntary written statement;

3) The trial court erred in permitting the prosecution to read to the jury a defense witness' prior inconsistent written statement which inculpated the defendant in the offenses charged;

4) The trial court erred in permitting defendant's alibi witnesses to be impeached upon an improper basis;

5) The defendant was not proved guilty of the offenses beyond a reasonable doubt;

6) The defendant was improperly convicted and sentenced for both the attempted murder and aggravated battery of George Woods;

7) The sentence imposed for murder was excessive for a 17-year-old with defendant's background;

8) The defendant was denied equal protection of law by being tried as an adult while females of the same age are under the jurisdiction of the juvenile court.

A narrative of the pertinent facts follows.

The offenses with which defendant was charged occurred at approximately 11:30 P.M. on October 1, 1971, in the general vicinity of 144th and 147th Streets and Leavitt Avenue in Dixmoor, Illinois. Charles Merriweather, Larry Watkins, and Doris Laye had left a party at 145th Street and Leavitt Avenue and were riding in a car owned by Merriweather's brother. When they halted at a stop sign at 145th Street, two young black male pedestrians yelled 'stone lover' at them and began firing pistol shots at their car, then fled. Merriweather and Watkins left the car and gave chase on foot. Merriweather caught one of the assailants about a half block away, and as he and Watkins fought with them Watkins was fatally shot. Merriweather was then struck over the head with a pistol and left the scene. Soon after the attack, investigating officer William Hooks of the Dixmoor Police Department discovered that another youth named George Woods had been shot near 147th Street and Cooper Avenue. Larry Watkins died before he could be questioned by police. Doris Laye did give the police a general description of the two assailants as to height and clothing.

On October 5, 1971, defendant was arrested in Robbins, Illinois by Dixmoor Police Officers William Hooks and Robert Vinson and taken to the Dixmoor Police Station. Another youth named Robert Martin was arrested that day in connection with the offenses and was also taken to the Dixmoor Police Station. The next day defendant and Martin each gave written statements to Assistant State's Attorney Anthony Montemurro in his office in Chicago.

In defendant's statement he admitted that he was armed with a pistol and was present at the scenes of the attacks, but accused Martin of firing all the shots. Defendant further stated that he later gave Martin his pistol and that Martin had hidden their weapons at a location unknown to him. The statement of Robert Martin also admitted that he was armed with a pistol and was at the scenes of the attacks; that he had shot Larry Watkins once in the shoulder during the fight; and that he had later hidden his pistol and the defendant's in his backyard. However, Martin's statement accused defendant of shooting Larry Watkins in the head and shooting George Woods at another location when he mistook Woods for one of the occupants of the Merriweather car. On the basis of Martin's written statement a search warrant was issued and executed, resulting in the recovery of two pistols which had been hidden behind his home. Defendant and Martin were then jointly indicted for the alleged offenses, but severed for trial.

Prior to trial, defendant moved in two separate motions to suppress his written statement. He contended respectively that the statement was inadmissible: first, that there was no probable cause for his warrantless arrest, thus rendering the statement to be the fruit of a poisonous tree; second, that the Dixmoor police had coerced him into making the statement through physical abuse and threats against his family.

At a pretrial hearing on defendant's motions Officer William Hooks testified that he assisted in arresting defendant on October 5, 1971; and that at the time of arrest defendant was neither committing a crime nor was he arrested under a warrant. Defendant testified that after his arrest he was taken to the Dixmoor Police Station and placed in a room alone with Officer Robert Vinson. He stated that after denying any knowledge of the offenses he was kicked in the groin and punched in the ribs by Vinson who told him he would either say Robert Martin did the killing or he himself would be dead. Defendant stated that he was then placed in an empty cell; that later, Police Chief Clifford Wood and Officers Vinson and Lytherio O'Connor came in, and that after he again protested ignorance of the offenses he was beaten by Vinson and O'Connor. When he finally agreed to cooperate, Vinson took out his service revolver, pointed it at defendant's head and told him that if he did not cooperate they would make sure something happened to his family. He gave a written statement to Assistant State's Attorney Montemurro the next day after being informed by him of his constitutional rights.

Irene Fields, defendant's mother, testified that she saw her son after he had made the written statement, and he told her the police had beaten him and forced him into making the statement. She further stated that she read the statement and signed it, but only to indicate she had read it.

In opposition to defendant's motions, Officer Robert Vinson testified that in addition to the descriptions received from Doris Laye, he also received information from an undisclosed source concerning the attack the day after it occurred. The source had told Vinson that he had attended the same party as the defendant and Robert Martin; that he had previously known both of them; and that after leaving the party he walked about 10 feet behind them on the street near 145th and Leavitt Avenue and saw Martin shoot at a green Challenger or Charger automobile; and that Martin and the defendant turned and fled. Vinson testified that the source later identified photographs of Martin and the defendant, although the photographs were not inventoried by him or shown to Doris Laye. On cross-examination Vinson stated that he had talked to this source more than two times on prior occasions concerning criminal activity in which the source was not himself involved, and that one arrest for unlawful use of a weapon had resulted from the information. Vinson further stated that a charge was brought upon that arrest, but he thought the charge resulted in supervision rather than a conviction. Vinson testified that it took him about half an hour to persuade the source to talk to him about the attack upon the Merriweather automobile, and that he did not threaten the source or promise him police protection or any reward, but only assured him anonymity. Vinson admitted that the corner where the attack occurred is not well lighted.

Officer Vinson, Officer O'Connor, and Police Chief Wood testified that defendant was not mistreated in any manner prior to giving his statement. Vinson additionally testified that he informed defendant of his constitutional rights. Assistant State's Attorney Montemurro testified that defendant showed no signs of mistreatment at the time he made his written statement, and that he made no complaint of mistreatement by police until the time of the hearing at the inquest held on November 9, 1971, as to Larry Watkins' death. Montemurro testified that defendant's mother made no complaint concerning the treatment of her son by the police when she signed the defendant's written statement. The trial court denied each of the motions to suppress the statement.

At trial, Charles Merriweather testified as to the attack upon his brother's automobile but could not identify defendant as a participant. George Woods testified that he was walking on the street when without warning he was shot in the neck by a young black man wearing what he described as 'loud clothing.' He could not identify defendant as his assailant. Doris Laye did not testify. Officer Vinson testified concerning the events leading up to the arrest of defendant and Robert Martin. Assistant State's Attorney Montemurro testified as to the events surrounding the taking of defendant's written statement and the statement was then read into evidence. A stipulation was entered that if called to testify a certain firearms expert of the Chicago Police Department would testify that the bullets recovered from the body of Larry Watkins could not be positively identified as being fired from any particular weapon due to their deteriorated condition; and also that the pistols recovered from the rear of Robert Martin's home did not contain any fingerprints. The prosecution thereupon rested its case-in-chief.

Defendant presented an alibi defense. His mother, Irene Fields, testified that he lived with...