People v. Jeffries
| Decision Date | 13 January 2014 |
| Docket Number | NO. 4-12-0678,4-12-0678 |
| Citation | 2014 IL App (4th) 120678 |
| Parties | THE PEOPLE OF THE STATE OF ILLINOIS, Plaintiff-Appellee, v. QUALITIAN TYRONE JEFFRIES, Defendant-Appellant. |
| Court | United States Appellate Court of Illinois |
NOTICE
This order was filed under Supreme Court Rule 23 and may not be cited as precedent by any party except in the limited circumstances allowed under Rule 23(e)(1).
¶ 1 Held: The appellate court found (1) the jury instruction on proximate cause did not constitute error; (2) the jury instruction on the use of force to resist arrest did not constitute error; and (3) the State proved defendant guilty of resisting a peace officer with injury beyond a reasonable doubt.
¶ 2 In April 2012, a jury found defendant, Qualitian Tyrone Jeffries, guilty of resisting a peace officer with injury. In June 2012, the trial court sentenced him to 30 months' probation.
¶ 3 On appeal, defendant argues (1) he was convicted on the basis of inaccurate and misleading instructions, (2) the trial court erred in instructing the jury, and (3) the State failed to prove him guilty beyond a reasonable doubt. We affirm.
¶ 5 In January 2012, a grand jury indicted defendant on two counts of aggravatedbattery (720 ILCS 5/12-3.05(d)(4) (West 2010)) (counts I and II) and single counts of resisting a peace officer with injury (720 ILCS 5/31-1(a-7) (West 2010)) (count III), unlawful restraint (720 ILCS 5/10-3(a) (West 2010)) (count IV), and domestic battery (720 ILCS 5/12-3.2(a)(2) (West 2010)) (count V). Count III alleged defendant committed the offense of resisting a peace officer with injury when he knowingly resisted the performance of Officer Timothy Carlton of an authorized act within his official duties, knowing Carlton to be a peace officer engaged in his official duties, in that he pulled away and struggled with Carlton, and his actions were the proximate cause of Carlton's injury.
¶ 6 In April 2012, defendant's jury trial commenced. The State moved to dismiss count V. Carolyn Steele testified she was at her home in Bloomington on the night of December 19, 2011, when she heard "aggressive yelling from the street." After opening the front door, she saw a "big guy" "trying to get this little woman away from the rail." When Steele asked if she could help, the man told her to get her "[expletive] self back in the house and mind [her] own [f]-ing business." Steele called the police and two officers arrived. One officer put his hand up to the man to move him back when "the guy started swinging at him and fighting him." The man kept fighting until the officers were able to subdue him.
¶ 7 Bloomington police officer Jeremy Cunningham testified he responded to a call after midnight on December 20, 2011. At the time, he was wearing his police uniform with badge, duty belt, handcuffs, radio, pistol, and Taser. After exiting his squad car, Cunningham heard "a female screaming loudly," along with a male's voice "screaming at her." Upon his approach, he saw Officer Carlton trying to separate defendant and Tamika Ellis. Carlton attempted to pull Ellis off to the side and told defendant to stay put. When defendant approachedCarlton and Ellis, Carlton put out his left hand against defendant's chest and told him to stay back. Cunningham then saw defendant "throw Officer Carlton's hands off to the side, at which point, he had struck Officer Carlton in the face with one of his hands." Cunningham attempted to place the taller defendant into custody but was unable to do so. Cunningham drew his Taser and fired, but the probes did not properly connect. To initiate a "drive stun," in which the Taser is physically held against the person, Cunningham had to remove the cartridge. After doing so, he saw Carlton and defendant falling to the ground. Defendant continued struggling and refused to stop. Cunningham "delivered several knee strikes to [defendant's] left abdomen area." Cunningham initiated a drive stun and told defendant to put his hands behind his back. Defendant refused, and Cunningham performed another drive stun. Defendant complied, and the officers were able to secure him in handcuffs. Cunningham testified Carlton received an injury to his chin after defendant swung his arms toward him. Cunningham saw blood just below Carlton's lower lip.
¶ 8 Bloomington police officer Timothy Carlton testified he was in uniform at the time he received a call after midnight on December 20, 2011. After he exited his squad car, Carlton heard a male yelling. As he walked closer, he saw defendant holding a female against a van. Carlton testified he was 6 foot 1 inch, and defendant was approximately 4 to 5 inches taller. Carlton stated he weighed 200 pounds at the time and estimated defendant weighed 300 pounds. Upon approach, Carlton identified himself as a police officer and ordered defendant to stop. Carlton grabbed Ellis and pulled her toward him. Carlton started to lead her away when he heard Officer Cunningham trying to speak with defendant. Carlton turned around and saw defendant coming at him. Carlton put his left hand on defendant's chest. Defendant started swinging andhit Carlton in the chin. Carlton grabbed ahold of defendant's clothing but defendant continued to punch around his ribs and chest area. Carlton stated defendant struck him 10 to 20 times and described them as "quick rabbit punches." Carlton heard Cunningham's attempted use of the Taser, which had no effect. Carlton tried to take defendant to the ground but was unable to do so because of his size. He then saw defendant remove a folding knife from his pocket. Upon seeing the knife, Carlton hit defendant in the head with his flashlight. A second strike with the flashlight knocked defendant to the ground. Defendant continued punching and refused to cooperate with the officers' commands. Eventually, Officer Cunningham was able to stun defendant with the Taser. Carlton testified he sustained a cut to the knee during the struggle with defendant. He also sustained a cut to his lower lip area from being struck in the face by defendant.
¶ 9 Bloomington police sergeant Brad Ficek testified he arrived at the scene and saw three officers present as well as defendant lying facedown on the sidewalk in handcuffs. He noticed Officer Carlton had a small cut on his chin that was bleeding and a tear on his right pant leg. Ficek observed defendant bleeding "from around the head or face area," and as he was concerned about defendant's "heavy breathing," Ficek called for an ambulance.
¶ 10 Tamika Ellis, defendant's girlfriend, testified for the defense. On the night in question, Ellis and defendant were arguing about their relationship. Once the police arrived, defendant told them he and Ellis were leaving. An officer then pushed his hand in front of defendant and pushed him up against a van. Defendant became angry and eventually an officer used the Taser on him. Another officer hit defendant in the head with a flashlight or a baton. Ellis stated defendant was lying on his stomach and in handcuffs when one of the officers kickedhim in the head. Once defendant was secured, an officer pulled her aside and indicated he needed to take a picture of her injuries. She declined, but the officer indicated he would hold her down to do so and then take her to jail. Ellis stated the officer received the injury to his chin when he hit defendant with the flashlight or baton and it bounced back and hit him in the face.
¶ 11 Defendant testified he and Ellis were arguing when he noticed police officers approaching. Officer Carlton pulled Ellis over to the lawn and defendant stood on the grass. Because he was on an incline, defendant wanted to get on level ground. Defendant took two steps and heard Officer Carlton say "hey." Defendant turned to look and Carlton hit him in the chest. Defendant "stumbled back" and then stepped forward to regain his balance. Carlton grabbed him and Cunningham used the Taser. After the Taser did not work, defendant "got hit in the back of the head." He stumbled forward, was tackled, and his face hit the ground. Defendant rolled to the side and Cunningham placed him in handcuffs. Defendant turned his head and Carlton kicked him in the face. Defendant testified he never threw a punch at Carlton and never pulled out a knife.
¶ 12 On cross-examination, defendant testified he noticed Carlton was a police officer. He stated Carlton's initial shove was enough to cause him to stumble backward. Once he "came back into position," defendant stated he saw "black gloves" coming toward his face. While he was being hit, defendant was Tasered. He stated that "throughout the whole event," the officers never said anything to him.
¶ 13 On rebuttal, Officer Carlton testified he never tackled defendant. Once he struck defendant with the flashlight, he went to the ground and Carlton went down on top of him. Carton also stated he never kicked defendant in the face with his shoe.
¶ 14 Following closing arguments, the jury found defendant guilty of resisting a peace officer with injury (count III). The jury found defendant not guilty on counts I, II, and IV. In May 2012, defendant filed a motion for judgment notwithstanding the verdict or for a new trial. In June 2012, the trial court denied the posttrial motion. Thereafter, the court sentenced defendant to 30 months' probation, ordered him to serve 180 days in jail, and imposed various conditions. This appeal followed.
¶ 17 Defendant argues his conviction for resisting a peace officer with injury must be reversed because an inaccurate, nonpattern issues instruction, combined with an instruction defining "proximate cause," improperly directed the jury to convict him even if his act of resistance was not...
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