People v. Hawn

Decision Date10 August 1981
Docket NumberNo. 80-1399,80-1399
Citation54 Ill.Dec. 807,425 N.E.2d 1024,99 Ill.App.3d 334
Parties, 54 Ill.Dec. 807 PEOPLE of the State of Illinois, Plaintiff-Appellee, v. Thomas HAWN, Defendant-Appellant.
CourtUnited States Appellate Court of Illinois

Block, Levy & Becker, Chtd., Chicago (Stephen Levy and Alvin R. Becker, Chicago, of counsel), for defendant-appellant.

Richard M. Daley, State's Atty. of Cook County, Chicago (Marcia B. Orr, James S. Veldman and Peter J. Vilkelis, Asst. State's Attys., Chicago, of counsel), for plaintiff-appellee.

GOLDBERG, Justice:

After a jury trial, Thomas Hawn (defendant) was found guilty of reckless homicide (Ill.Rev.Stat.1979, ch. 38, par. 9-3(a)). He was placed on probation for 30 months with periods of work release. A previous jury had been unable to agree upon a verdict. Defendant appeals.

In this court, defendant contends the evidence was insufficient to prove guilt beyond a reasonable doubt; the trial court erroneously permitted evidence of defendant's consumption of alcoholic beverages without proof of intoxication; the closing argument of the State was improper and prejudicial and the trial judge erred in instructing the jury. Under the view we take, the first contention is dispositive and the remaining points need not be considered.

A full factual statement is required. After study of the record, we are convinced that a proper statement of the pertinent facts, in correct chronological order, is best commenced with a summary of defendant's testimony.

Defendant testified that on April 13, 1979, he spent 11/2 to 2 hours in the evening playing pool with James Vanek. Defendant stated he drank three 12-ounce bottles of beer over this period. Shortly before 9 o'clock they entered defendant's car, a 1973 Oldsmobile. Defendant was driving to the home of a friend who lived in the area of 119th Street and Ridgeway Avenue. Defendant had known Vanek for some 5 years. Defendant was 22-years-old.

The defendant drove in a northerly direction on Kedzie Avenue. He stopped for a traffic light at 119th Street, a two-lane road. When the light changed, defendant made a left turn and drove west on 119th Street. Driving west on 119th Street there is a hill or incline. In fact, 119th Street in that area was described as "hilly." The grade goes up from Kedzie to Central Park, a north-south street. The area is rather poorly lighted with only one street light on every other utility pole. The speed limit there is 35 miles per hour.

The south side of 119th Street borders upon a cemetery. On the north side there is a trailer court west of Kedzie but some distance north of 119th Street. Also on the north side and farther to the west, there is a small industrial shop and some work buildings. No public places in the area were open at that time.

Defendant testified he continued driving west on 119th Street at about 35 miles per hour. A small car traveling east swerved into his lane. The cars collided violently. Defendant's head struck the windshield with force sufficient to cause a cracked windshield. He took his foot up from the accelerator and his car slowed down. He turned his head and saw this other vehicle continue east through the intersection of 119th and Kedzie. Defendant's car was pulling to the left and he could feel the front wheel rubbing against the left front fender. He saw that his car had swerved over into the eastbound or southern portion of 119th Street. He had extreme difficulty in attempting to pull his car back into the westbound lane. He saw headlights coming over the hill from an eastbound car. There was a collision which rendered him unconscious.

Defendant estimated one-half minute passed between these two collisions. He was taken to the hospital where he was treated for a fractured rib and his head was x-rayed. Defendant testified, "I was stunned from the time I got hit first to the time I got into the hospital."

James Vanek, passenger in defendant's car, testified defendant was "driving fine" until the collision with the first car. Vanek was thrown violently forward, struck his head on the dashboard and became unconscious.

It is undisputed that a Pontiac Firebird automobile was then being driven in an easterly direction on 119th Street. The driver was Tony Halper. A young man named Santo Messina, Jr., was in the front passenger seat and Annette Fabian, a high school student, was in the rear seat. These two automobiles collided with considerable force. As a result, Santo Messina, Jr., the passenger, was mortally injured.

There was considerable police testimony. After receiving a radio call, Officer Hurckes went to the site. He saw wreckage about 50 to 100 feet west of the intersection of Kedzie Avenue and 119th Street. On 119th, about 450 feet east of Central Park the officer observed the Oldsmobile and the Pontiac. The Oldsmobile, defendant's car, was standing across 119th Street facing south. The middle of the car was about over the center line of 119th Street. The Pontiac was found on the north shoulder off of the road. The officer noted "minimum glass debris" in this area. Defendant told Officer Hurckes he was the driver of the car and he had been hurt. Defendant was taken to the hospital. After Miranda warnings, defendant told the officer he had four bottles of beer prior to the occurrence. Without objection defendant submitted to a blood test. For reasons not disclosed by the record, the results of the test are unknown.

The officer testified a person named James Lawler had been arrested by the police of Blue Island, an adjacent suburb. The officer spoke to Lawler who was in the hospital. The officer issued traffic citations to Lawler. The officer also testified he noted in his report that the headlights on defendant's car had been damaged by a collision with Lawler's car.

Officer Troglia had experience in accident reconstruction some 50 or 60 times. He found scrape marks on the roadway. He found evidence of an automobile collision in the north or eastbound lane of 119th Street, some 441 feet east of Central Park.

Michael Davis testified he was driving east on 119th Street toward Kedzie, with three friends. A westbound car approached and crossed over into the southern or eastbound lane. This car had front-end damage and no lights. Davis flashed his lights and then swerved onto the south shoulder to avoid a collision. Davis testified he estimated the speed of the oncoming car at 45 to 50 miles an hour. After the occurrence Davis told the police he could not estimate the speed of the other car but it was "excessive." Thereafter Davis observed this other car in the middle of the road and another car in a ditch.

Larry Williams, a passenger in the Davis car, testified he saw another car going west without lights. This other vehicle moved "gradually" into the eastbound lane. This other vehicle had "damage to the front end of it." It was traveling "approximately forty to fifty miles an hour." Williams testified Davis swerved their car to the shoulder of the road. Williams turned and saw this other car, an Oldsmobile, collide with a Pontiac Firebird. After this collision, Williams saw the defendant "walking around just talking incoherently." At his suggestion, defendant "laid down on the ground."

Steven Daly testified he was driving eastbound on 119th Street. He saw a car without lights which swerved from the westbound to the eastbound lane. The car ahead of him pulled over to the shoulder of the road. In his opinion, this oncoming car was driving from 45 to 50 miles per hour. He described this car as "all tangled up." He said, " * * * it looked like it had just been in an accident." He saw this car collide with a Pontiac Firebird which was proceeding to the east.

Officer Hardy from the Blue Island Police Department testified for defendant. The officer had received a radio call concerning a hit-and-run accident in the area of 119th Street and Kedzie. Some 12 blocks southeast thereof, the officer came across an automobile which was heavily damaged on the front end and apparently immobilized. This car was driven by James Lawler. Lawler was bleeding and "smelled strongly of alcohol." He was taken to the hospital.

Defendant also produced evidence that competent technicians examined a blood sample taken from James Lawler. One of them testified the blood contained 326 milligrams of alcohol per deciliter. An expert toxicologist testified the driving ability of a person whose blood contains this alcoholic content would be severly impaired.

The pertinent statute on reckless homicide (Ill.Rev.Stat.1979, ch. 38, par. 9-3(a)) provides:

"A person who unintentionally kills an individual without lawful justification commits involuntary manslaughter if his acts whether lawful or unlawful which cause the death are such as are likely to...

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    • United States
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    ...presented is improbable or so palpably contrary to the verdict as to create a reasonable doubt of guilt. People v. Hawn (1981), 99 Ill.App.3d 334, 338, 54 Ill.Dec. 807, 425 N.E.2d 1024. We find that there was sufficient evidence presented from which the jury could have found defendant guilt......
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