People v. Lee

• Decision Date: 21 July 1980
• Docket Number: No. 78-722,78-722
• Citation: 86 Ill.App.3d 922,41 Ill.Dec. 913,408 N.E.2d 335
• Parties: , 41 Ill.Dec. 913 The PEOPLE of the State of Illinois, Plaintiff-Appellee, v. Danny LEE, Augustus Lewis, Jerome Trosclair and Felton Chase, Defendants- Appellants.
• Court: United States Appellate Court of Illinois

Page 335

408 N.E.2d 335

86 Ill.App.3d 922, 41 Ill.Dec. 913

The PEOPLE of the State of Illinois, Plaintiff-Appellee, v. Danny LEE, Augustus Lewis, Jerome Trosclair and Felton

Chase, Defendants- Appellants.

No. 78-722.

Appellate Court of Illinois, First District, First Division.

July 21, 1980.

Ralph Ruebner, Deputy State Appellate Defender, Richard F. Faust and Daniel Cummings, Asst. State Appellate Defenders, Chicago, for defendant-appellant Danny Lee.

James J. Doherty, Public Defender, Chicago (Michael Mikula and Ronald P. Alwin, Asst. Public Defenders, Chicago, of counsel), for defendants-appellants Augustus Lewis and Felton Chase.

Richard E. Gorman, Chicago, for defendant-appellant Jerome Trosclair.

Bernard Carey, State's Atty., Chicago (Marcia B. Orr, Mary Ellen Dienes and Robert J. Kaiser, Jr., Asst. State's Attys., Chicago, of counsel), for plaintiff-appellee.

O'CONNOR, Justice:

Defendants Augustus Lewis, Felton Chase, Danny Lee and Jerome Trosclair were indicted for murder, attempt murder, aggravated battery, armed robbery and burglary. Pre-trial severance motions were denied and defendants were tried jointly by a jury. The jury found defendants Lewis and Chase guilty of three counts of armed robbery and one count of burglary. The jury found defendants Lee and Trosclair guilty of one count of murder, one count of attempt murder, three counts of armed robbery, one count of burglary and one count each of aggravated battery and battery. The trial court sentenced Lewis to three concurrent terms of 15 to 25 years imprisonment for the armed robberies; Chase to three concurrent terms of 20 to 30 years for the armed robberies; Lee to five concurrent terms: 60 to 120 years for murder, 30 to 60 years for attempt murder and three terms of 20 to 30 years for armed robbery; and Trosclair to five concurrent terms: 40 to 80 years for murder, 25 [86 Ill.App.3d 925] to 50 years for attempt murder, and three terms of 25 to 30 years for armed robbery. All defendants appeal.

The State's evidence indicated that on January 12, 1976, Michael Watson, Kimberly Rhymes, Dewana Beard and Rhymes' and Beard's children lived in a third-floor apartment at 2117 East 70th Street, in Chicago. That evening the following people were also present: Darryle Sanders, Reginald Bell, Sr., Reginald Bell, Jr., Mary Ann Watson, Lorenzo (Junior) Boyd, Carl, Stanley and Sandra Watson, and William Cox. At about 10:30 p. m., Michael Watson answered a knock on the apartment door. Present outside the door were defendants Chase, Lewis, Trosclair and Lee, and Trosclair's brother Kenneth. Trosclair and Chase told Watson they wanted someone named "Junior" outside or they were coming in. Watson did not admit the visitors and defendants left the building. Michael and Carl Watson left the apartment twenty minutes later and went to a liquor store.

At about 11:30 p. m., Stanley Watson answered another knock on the apartment door. Defendant Trosclair asked for Michael Watson and Stanley said he was not there. Trosclair grabbed Stanley around the neck and put a gun to his head. Within seconds, all the defendants entered the apartment. Reginald Bell, Sr., Kimberly Rhymes and Lorenzo Boyd ran out the back door. Sandra Watson, William Cox and Reginald Bell, Jr. ran and hid in the pantry. Reginald Bell, Sr. returned to the apartment and led his son out the back door. William Cox also left through the back door. Bell, Sr. then returned to the apartment.

Trosclair dragged Stanley Watson into the kitchen, gathered the people remaining (except Sandra Watson, who remained hidden in the pantry) and ordered them into the living room. There, he made them lie on their backs on the floor. Darryle Sanders, who was intoxicated, was sleeping nearby.

While in the kitchen, Trosclair had given Lee his gun. In the living room, Lee proceeded to take money, wallets, jewelry and articles of clothing from Stanley Watson, Mary Ann Watson and Bell, Sr. Lee tried to awaken Darryle Sanders by kicking him twice, but was not successful.

Trosclair then said, "Kill them all." Dewana Beard pleaded for their lives. Trosclair said, "No, don't shoot Dewana, she is pregnant." Lee then said, "I have to shoot, I have to kill someone." He said he had to kill at least two people. While Lee and Trosclair talked, Chase and Lewis took the stereo set out the front door of the apartment.

Lee first shot Reginald Bell, Sr. He then shot Darryle Sanders. Trosclair was nearby and watched the shootings. Lee and Trosclair then fled from the apartment.

At this point, Michael and Carl Watson returned to the apartment building and found Reginald Bell, Jr. hiding behind a car. They entered the apartment and found Darryle Sanders sitting on the toilet with a bullet hole in his stomach. Bell, Jr. went over to his father, who said, "Buddy, I love you."

Outside in the alley, Kimberly Rhymes had flagged down a squad car driven by Officer Thomas Wortham. Rhymes got in the car and as they drove toward the apartment, she saw three male Negroes running towards the alley and said, "There they go; that's them." The alley was blocked by a four-door black Oldsmobile. Two men were in the car and three others were about to get in. All five men fled from the car and ran into a courtway. Wortham and his partner stopped their squad car in the alley and pursued the five men on foot.

Wortham heard footsteps going up the back porch stairs of the building. Wortham then saw Lewis walk out into the alleyway. Lewis explained that he had come from his apartment on the second floor. Wortham investigated that apartment, discovered that Lewis did not live there, and arrested Lewis. Lewis also gave a false name.

Other officers joined in the search and found defendants Trosclair, Lee and Chase and Kenneth Trosclair crouched behind a garbage can on a third floor landing. They were arrested and various stolen items were recovered from them and from the Oldsmobile. Wortham also recovered a revolver from the curb near the Oldsmobile. Lee's fingerprints were on the revolver.

Reginald Bell, Sr. was pronounced dead of gunshot wounds at the hospital. Darryle Sanders sustained serious abdominal injuries. The five men arrested were placed in a 15-man lineup. Kimberly Rhymes and Mary Ann Watson identified the four defendants. Sandra Watson identified Lee, Trosclair and Chase as the men she saw break in before she hid in the pantry. Stanley Watson identified Lee, Trosclair and Chase as the men he had a opportunity to see.

Lewis testified in his own behalf and his testimony was adopted by Chase. On January 12, 1976, after 7:30 p. m., Lewis, Trosclair (his half-brother), Chase (his cousin) and Kenneth Trosclair went to 70th and Merrill to pick up Chase's suitcase from his brother Reginald's apartment. Near Reginald's apartment they saw a parked car belonging to a man named Larry. They had got into an argument with Larry earlier that day. They entered a building and knocked on the third floor apartment door. Michael Watson answered the door; a conversation ensued and became heated. The three defendants and Kenneth Trosclair left at the suggestion of Reginald Lewis, who came out of a nearby apartment. They then picked up Lee and someone named Larry and subsequently returned to the vicinity of 70th and Merrill to pick up Chase's suitcase. Larry, Trosclair and Lee got out of the car. Kenneth Trosclair parked the car in an alley behind Reginald's apartment building and Lewis, Chase and Kenneth went to Reginald's apartment. No one answered the door.

As they descended the stairs, they heard two gunshots. Lewis saw Larry running down the street carrying a stereo and defendant Trosclair running close behind. Everyone but Lee got into the car. However, at the sight of flashing blue lights, everyone jumped out of the car and ran. Lewis ran toward his brother's apartment and then returned to his car. There he was arrested by the police and questioned. Lewis testified that he told the officer his correct name and address.

Lee testified in his own behalf and sought to establish a compulsion defense. He testified that he was an epileptic and had been having seizures ever since he had been hit in the head with a pipe and had gotten a bullet in his head. Lee explained that in 1972 defendant Trosclair came over to Lee's house with a gun. When Lee picked up the gun it went off and a bullet lodged in his head. The bullet remained in his head and its entryway is covered by a metal plate. Lee described his epileptic fits as "fallout" an inability to recall what had happened.

At this point, the trial court instructed the jury to ignore all of Lee's testimony regarding the shooting, being hit by the pipe and his epilepsy, because it was irrelevant and not supported by medical testimony.

Lee further testified that when he was in school he belonged to the Disciples Gang and that Trosclair was the leader. Leaders told the other members what to do. Other questions pertaining to gang activity were objected to and sustained. The jury was instructed to disregard occurrences and relationships Lee had prior to 1974. The court stated that the only admissible evidence of compulsion would be "that that occurred just prior to the time of occurrence, within a reasonable period of time, * * *." Lee made an offer of proof as to earlier events.

Lee then testified that on the evening of January 12, 1976, he planned to go out with a woman, but left with Trosclair because Trosclair told him to and he feared Trosclair. Lee, Chase, Lewis, Trosclair and Kenneth Trosclair got in a car and drove to Reginald Chase's home. They parked in front of Reggie's house and met someone named Larry. Lee, Larry and Trosclair went to a third floor apartment Lee had never visited before. Trosclair knocked on the door, talked for a few minutes and then busted the door in. Trosclair put his gun to the head of the man at the door and told the people inside the apartment to lie on the floor.

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