People v. Jefferson
| Citation | 628 N.E.2d 925,257 Ill.App.3d 258 |
| Decision Date | 28 December 1993 |
| Docket Number | 1-92-0909,Nos. 1-90-3073,s. 1-90-3073 |
| Parties | , 195 Ill.Dec. 461 The PEOPLE of the State of Illinois, Plaintiff-Appellee, v. Darryl JEFFERSON, Defendant-Appellant. |
| Court | United States Appellate Court of Illinois |
Rita A. Fry, Public Defender of Cook County, Chicago (Evelyn G. Baniewicz, of counsel), for defendant-appellant.
Jack O'Malley, State's Atty., Chicago (Renee Goldfarb, Eileen O'Neill, Mary Morris, of counsel), for plaintiff-appellee.
Following a jury trial, defendant Darryl Jefferson was convicted of first degree murder (Ill.Rev.Stat.1989, ch. 38, par. 9-1, now codified as 720 ILCS 5/9-1 (West 1992)), and sentenced to 30 years in the custody of the Department of Corrections. On appeal, 1 defendant contends that (1) the circuit court erred when it failed to instruct the jury on second degree murder; (2) the court improperly commented on the evidence during defendant's closing argument and abused its discretion when it failed to adequately respond to the jury's request for clarification; (3) his right to a fair trial was prejudiced by some of the State's remarks during closing argument; and (4) the court improperly denied his challenges for cause with respect to three prospective jurors.
At trial, Richard Porter testified that on November 10, 1989, he had just completed the first week of a security guard training course in downtown Chicago that he had been attending with defendant and co-defendant James Harrison. 2 At approximately 6 p.m., the three men left the school and went to Porter's home on the south side of Chicago. After watching television for 15 to 20 minutes, they purchased two six packs of beer and a pint of gin and then went to Harrison's house where they spent the next few hours drinking, making one additional trip to the store for more alcohol. Later that evening, after finishing all the beer and gin, they walked to a nearby bar where they drank and danced until it closed at 1:30 a.m. While they were at the bar, defendant began arguing with a woman when she called him names because he refused to buy her a drink. Harrison broke up the argument and brought defendant back to their table; however, defendant continued to complain about the woman.
After they left the bar, the three men walked to Harold's Chicken Shack at 75th and King Drive. After placing their order, they sat in a booth and waited for their meal. Defendant was still complaining about the woman at the bar and, in a loud voice, referred to her as a "bitch" and a " 'ho." Michael Young, an off-duty deputy sheriff who was waiting to place his order, left his place in line and approached the table. Young told defendant to "watch [his] mouth" and defendant responded that Young was not his mother or father. Young then resumed his place in line, and the three men continued to talk loudly.
After a couple of minutes, Young returned to the table and pulled out a gun, holding it approximately four to five inches from defendant's face. He then slapped defendant across the face with his other hand approximately 10 to 15 times, causing defendant's glasses to fall off his face. Young then told defendant that he would "blow his brains out." Defendant became "extremely angry" and told Young that he would prove to him that he was not a "punk." Young then returned the gun to his side and returned to his place in line. Defendant attempted to leave his seat and approach Young, but Porter grabbed him and hurried him out of the restaurant.
Once outside, Porter tried to convince defendant to "leave it alone" and go to another restaurant a few blocks away. Defendant ignored the advice, reentered the restaurant with Harrison, and approached Young. Through the window, Porter saw the two men on either side of Young, pushing him between them. When Young started to walk towards the door, defendant and Harrison pushed him outside. Young then began walking towards a police paddy wagon parked across the street. At first, defendant and Harrison followed Young, but then they pushed him back onto the sidewalk and up against a wall. Although Young twice yelled for help, he did not pull out his gun or fight with defendant or Harrison in any way. They then "patt[ed] him down" and defendant found the gun. Defendant pointed the gun at Young's temple, Young turned his head, and the gun went off. Defendant and Harrison then started to walk away along King Drive, but the police came and placed them in custody.
Cynthia Gaines, a cashier at the restaurant, testified that she saw Young holding a pistol and slapping defendant. Afterwards, Young put the gun away and returned to the counter. Defendant left the restaurant with the two men he was sitting with, but then reentered and retrieved his hat. He then approached Young and said that he should not have "disrespected" him. She noticed that defendant appeared "upset" at the time. Harrison then entered the restaurant and came up to the counter, where he stood on the other side of Young. Defendant then began pushing and shoving Young outside. Young did not resist in any manner; he exited the restaurant and began walking towards a police wagon parked across the street. He stopped and turned around, however, and walked out of her view. Shortly thereafter, she heard a "pop" type of noise.
Larry Lee Wright testified that at approximately 2:15 a.m. on November 11, 1989, he was preparing to use a payphone when he heard some noises coming from Harold's Chicken Shack located across the intersection. When he looked over, he saw three people standing outside the restaurant arguing. He then saw defendant take off his shirt and say that he was going to go back inside and beat somebody up because he was "mad."
About five or six minutes later, defendant, Harrison, and Young came out of the restaurant, and defendant and Harrison began pushing Young up against a wall. Defendant then reached in Young's coat and pulled out a gun. Defendant first took three steps away from Young, but then turned around, placed the gun at his temple, said "pow" and pulled the trigger. Defendant and Harrison then began walking away. When the police ordered defendant to stop, he laid the gun on the ground, threw his hands in the air, and "hollered" that he did not shoot him.
On cross-examination, Wright stated he originally told the police that after he saw defendant enter the restaurant, he drove home but returned several minutes later to buy a pack of cigarettes. When he returned, he observed defendant and Harrison pushing Young and the shooting that followed.
Joseph Jeter testified that when he pulled up at Harold's Chicken Shack at 2:15 a.m. on November 11, 1989, he saw defendant and Harrison pushing Young as he was walking across the street towards a paddy wagon. As they were pushing him, Young turned around and began walking towards the restaurant. Harrison then grabbed Young and held him up against a wall while defendant reached under Young's coat and took his pistol. Defendant took seven or eight steps away from Young. Defendant appeared "very angry," called Young a "motherfucker," and "holler[ed]" about being "disrespected." He then turned back around, placed the gun up to Young's head, and shot him. After he shot Young, defendant began walking away. Four or five seconds later, the police arrived and Jeter identified defendant as the shooter.
Chicago police officer David Perkins testified that he was off-duty when he stopped to pick up something to eat at Harold's Chicken Shack at approximately 2:15 a.m. on November 11, 1989. As he was parking his van next to a police wagon across the street from the restaurant, he noticed three men arguing as they exited the restaurant. Because his windows were rolled up, however, he was unable to hear what they were arguing about. He then noticed two of the men, defendant and Harrison, grab the third person and push him back to a wall. After a short conversation at the wall, defendant "sudden[ly]" pulled out a gun. When the man against the wall turned to look over his shoulder, defendant shot him in the head. Perkins then exited his vehicle and he saw two uniformed police officers coming out of a store. He told them what he observed and they arrested defendant and Harrison.
Chicago police officer Lawrence Dix testified that on the date in question, he and his partner were speaking with the owner of the liquor store across the street from Harold's Chicken Shack when they received a radio report of a man with a gun in the area of 75th and King Drive. When they came out of the store, they were approached by Perkins who told them that a man was shot and that the two offenders were walking away. Dix then looked across the street and saw a person lying on the ground and then saw two men walking away in different directions. As they were arresting Harrison, two other officers arrived on the scene and stopped defendant. Both men were then placed in the paddy wagon which Dix had previously parked outside the liquor store. They then called an ambulance and began to gather evidence. Dix spoke to Wright, who told him where he could find the gun that was used in the shooting. Dix proceeded to that location and found a .38 caliber revolver lying on the ground.
Chicago police officer Michael Lacey testified that at approximately 2:20 a.m. on November 11, 1989, he and his partner responded to a call of a man with a gun at 75th and King Drive. Upon arriving at that location, Jeter pointed to defendant, who was standing about 90 feet away at the corner, and told them that he had a gun. Lacey told defendant to "freeze" and then apprehended him. At that time, defendant repeatedly stated that he "didn't shoot him." Lacey then placed defendant in the police wagon.
Richard Fournier, a firearms examiner for the Chicago police department, testified that he examined the gun used by defendant and found that it...
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