People v. Harris
| Decision Date | 30 March 1990 |
| Docket Number | 1-87-0487,Nos. 1-87-0376,s. 1-87-0376 |
| Citation | 554 N.E.2d 367,196 Ill.App.3d 663 |
| Parties | , 143 Ill.Dec. 432 The PEOPLE of the State of Illinois, Plaintiff-Appellee, v. Victor HARRIS and Paul Hickombottom, Defendants-Appellants. |
| Court | United States Appellate Court of Illinois |
Randolph N. Stone, Public Defender Cook County (Bruce C. Landrum, Asst. Public Defender, of counsel), for defendant-appellant Harris.
Michael J. Pelletier, Deputy Defender, Office of State Appellate Defender (Barbara
Kamm, Asst. Appellate Defender, of counsel), for defendant-appellant Hickombottom.
Cecil A. Partee, State's Atty. of Cook County (Inge Fryklund, William D. Carroll, Laura J. Diamant, Asst. State's Attys., of counsel), for plaintiff-appellee.
Victor Harris, Paul Hickombottom (defendants) and Oliver Weekly were charged by indictment with murder (Ill.Rev.Stat.1985, ch. 38, par. 9-1(a)(1), (2)), felony murder (Ill.Rev.Stat.1985, ch. 38, par. 9-1(a)(3)), armed robbery (Ill.Rev.Stat.1985, ch. 38, par. 18-2(a)), and armed violence (Ill.Rev.Stat.1985, ch. 38, pars. 33A-2, 18-2(a)). Prior to trial, the State dismissed the murder and armed violence charges against defendants and the trial court granted Hickombottom's motion for severance from Harris. Following Hickombottom's and Harris' separate but simultaneous jury trials, defendants were found guilty of felony murder and armed robbery. The trial court merged the lesser-included offense of armed robbery with the felony murder conviction, and Harris was sentenced to 25 years' imprisonment; Hickombottom was sentenced to 40 years' imprisonment.
On defendants' consolidated appeal from their convictions and sentences, Harris contends that (1) he was not proved accountable for felony murder and armed robbery beyond a reasonable doubt; (2) he was denied a fair trial because the trial court improperly emphasized the murder and accountability instructions at trial; (3) he was denied a fair trial as a result of improper prosecutorial comments at trial; and (4) his 25-year sentence is excessive. Hickombottom contends that (1) he was denied his right to an impartial jury and (2) his 40-year sentence is excessive.
We affirm.
On February 28, 1986, at approximately 9 p.m., the victim, Jose Moreno, died of a gunshot wound to the chest. No money was recovered at the scene of the crime or from the victim's personal belongings.
For brevity, and since much of the evidence overlaps, the evidence adduced at both trials which is pertinent to defendants' appeals will be detailed here together, even though each jury heard only the evidence pertinent to the defendant on trial before it.
The State introduced the following evidence: Detective Robert McGuire of the Chicago Police Department testified that on February 28, 1986, at approximately 9 p.m., he was assigned to investigate Moreno's murder. He arrived at the crime scene, "canvassed" the area, and obtained the name of defendant Victor Harris.
After proceeding to Harris' apartment located at 6028 South Wabash in Chicago, McGuire arrested Harris. While being transported to the "Area One" police station, Harris was given his Miranda rights. Upon arriving at the police station at approximately 12:30 a.m. on March 1, 1986, and after Harris was again given his Miranda rights, McGuire interviewed Harris regarding the "robbery-murder" that had occurred. Harris stated that he had no knowledge of the crime and did not know the victim. McGuire informed Harris that the victim was seen in Harris' building earlier that evening, at which time Harris stated: Thereafter, Harris gave McGuire an oral statement. Harris' statement indicated the following:
Harris agreed to allow the victim, Tony Chavez and Paul Hickombottom to use his apartment for a drug distribution operation. In turn, he would receive $30 per day. On February 28, 1986, the victim, Chavez and Hickombottom were at his apartment. The victim left Harris' home, but returned at approximately 6 p.m. with a supply of narcotics which were to be sold from Harris' apartment. Chavez paid the victim for the drugs and the victim left the apartment, but returned shortly thereafter bleeding from the head. The victim stated that somebody tried to rob him downstairs. Hickombottom whispered to Harris that it was Weekly who had attempted the robbery.
Defendants left Chavez and the victim at the apartment, and they proceeded to Hickombottom's mother's apartment in the victim's car. Upon their arrival, Hickombottom informed Harris that they were going to "stickup" the victim for his money, that it was Weekly who had attempted to rob the victim, and that he did not think Weekly would utilize a toy gun. Defendants left the apartment in search of a gun and later encountered a person known as "Do-Do," who gave Hickombottom a .22 caliber revolver. Hickombottom then gave Harris the gun. Defendants returned to Hickombottom's apartment, where they met Weekly. Harris gave Weekly the gun and they all left in the victim's vehicle.
While driving, Hickombottom requested Harris' help in "sticking up" the victim, and Harris responded that Chavez told him that the victim would have approximately $1700 in his possession. Before returning to Harris' apartment, defendants dropped Weekly off at 61st and State Streets in Chicago so that he could hide at 61st and Wabash Streets.
Once inside the apartment, Hickombottom stated at which time the victim and Hickombottom exited the apartment. A short time later, "[Hickombottom] came running up the stairs," stating, "[t]hey shot him."
After the paramedics and police left the crime scene, Harris drove Chavez home in his car and Hickombottom left in the victim's car. Harris met Hickombottom at Hickombottom's apartment, after he drove Chavez home and they proceeded together in the victim's car to Weekly's apartment. There, Weekly returned the gun to Hickombottom and they split the money that was taken from the victim. Harris received $50 from Weekly and $60 from Hickombottom for his help.
While driving back to Hickombottom's apartment, Weekly and Hickombottom discussed the possibility of purchasing a television, a video cassette recorder and a stereo. Hickombottom stated that "[he] saw the guy with his hands in the air." Weekly replied that "I knew you wanted to shoot him." Subsequent to arriving at Hickombottom's apartment, Harris picked up his girl friend, Johnice Singleton, and they returned to his apartment.
McGuire further testified that he recovered $110 from Harris and that Harris assisted him in arresting Weekly and Hickombottom. Harris informed McGuire that he could find the victim's car at Hickombottom's residence, an apartment building located at 6565 South Yale, in Chicago. He also stated that McGuire could locate the gun used to commit the crime in Hickombottom's apartment no. 42 "in a night stand, under a television, in the first bedroom to the left."
When McGuire arrived at Hickombottom's apartment building, he had occasion to observe the victim's parked vehicle. The vehicle was placed under surveillance. A short time later two men and one woman exited the building and entered the victim's vehicle, at which time McGuire stopped the vehicle and ordered all three passengers to exit the car. Hickombottom was among the passengers in the car, but identified himself as "Paul Hassleway." Also present in the vehicle was Hickombottom's girl friend, Renee Williams, and an individual named Arthur Wyatt. Subsequently, McGuire entered apartment 42 and recovered a .22 caliber revolver from a night stand underneath a television set. Harris thereafter accompanied McGuire to an apartment located at 2961 South Dearborn Street in Chicago. Upon their admission to the apartment, they located Weekly, who was hiding under a bed, and arrested him. Weekly was transported to the "Area One" police station in a squad car, after which the squad car was searched and a hooded black mask was recovered. After Weekly's arrest, Detective James O'Connell of the Chicago Police Department recovered a television set and a video cassette recorder from the apartment located at 2961 South Dearborn Street.
Assistant State's Attorney Kevin Horan testified that on March 1, 1986, he obtained court-reported statements from Harris, Hickombottom, and Weekly after informing these individuals of their Miranda rights.
Harris' court-reported statement, which was read to and signed by defendant, was substantially similar to his oral statement given to Detective McGuire. His court-reported statement further disclosed the following: Harris was acquainted with Hickombottom for approximately two months and knew the victim only for a period of three to four days when Hickombottom inquired into the drug distribution plan. The victim dropped Hickombottom off at Harris' apartment, but did not come in the apartment until approximately 6 p.m., at which time he returned and received $1700 from Chavez for drugs. Upon leaving Harris' apartment, the victim was attacked and returned to the apartment bleeding from his head. The victim stated that somebody had attempted to rob him with a toy gun.
Hickombottom subsequently called his friend "Do-Do" and asked him for a pistol. Do-Do never arrived with a gun so Harris and Hickombottom left the apartment and drove around in the victim's car looking for Do-Do. Prior to leaving the apartment, Hickombottom told Harris that he "wanted to stick [the victim] up [because] he was a coward" and that he would "give the money up without a fight." After locating Do-Do, Hickombottom was given a .22 caliber revolver, and he and Harris proceeded to Hickombottom's apartment, where they met Weekly.
Harris, Hickombottom and Weekly drove back to Harris' apartment, located at 6028 South Wabash in Chicago. Hickombottom discussed with...
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