People v. Nichols
| Decision Date | 13 November 2020 |
| Docket Number | No. 1-18-0035,1-18-0035 |
| Citation | 2020 IL App (1st) 180035 -U |
| Parties | THE PEOPLE OF THE STATE OF ILLINOIS, Plaintiff-Appellee, v. GERAUD NICHOLS, 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).
Appeal from the Circuit Court of Cook County.
Honorable Clayton Crane and Alfredo Maldonado Judges, presiding.
¶ 1 Held: The State proved defendant guilty of aggravated criminal sexual assault with a dangerous weapon, namely, a bludgeon. Admission of the replica gun into evidence was not reversible error. The circuit court did not err in admitting evidence of a prior sexual offense. Defendant's right to a speedy trial was not violated. The State's closing arguments were not improper. Defendant's sentence is not excessive. Affirmed.
¶ 2 Following a jury trial, defendant Geraud Nichols was convicted of two counts of aggravated criminal sexual assault and one count of aggravated kidnapping. The circuit court merged the aggravated kidnapping conviction into the aggravated criminal sexual assault convictions and sentenced defendant to an aggregate term of 56 years' imprisonment. Defendant now appeals, contending that (1) the evidence was insufficient to prove him guilty of aggravated criminal sexual assault with a dangerous weapon, namely, a bludgeon; (2) a replica gun was improperly admitted into evidence; (3) the court erred in admitting evidence of a prior sexual offense; (4) his right to a speedy trial was violated; (5) the State's closing arguments were improper; and (6) his sentence is excessive. We affirm the judgment of the circuit court.
¶ 4 The State charged defendant by information with, inter alia, four counts of aggravated criminal sexual assault in connection with an August 29, 2013, incident involving the victim, L.D. The State proceeded to trial on one count of aggravated kidnapping and two counts of aggravated criminal sexual assault with a dangerous weapon (counts 5 and 6). Six months before trial began, the State sought to amend counts 5 and 6 to replace the word "firearm" with "bludgeon," but it did not ask to change the statutory section cited in the counts, which was originally set forth as "CHAPTER 720 ACT 5 SECTION 11-1.30(a)(1)." Defendant did not object, and the circuit court granted the State leave to amend the counts. The record indicates that counts 5 and 6 were altered by hand to strike the word "firearm" and substitute the word "bludgeon." In addition, the "(1)" in the statutory citation (i.e., CHAPTER 720 ACT 5 SECTION 11-1.30(a)(1) was stricken and "(3)" was handwritten underneath.1
¶ 6 Before trial, the State moved to allow other crimes evidence, specifically, evidence of defendant's sexual assault against L.H. and subsequent arrest and discovery of a "BB gun" on his person. The State argued that this evidence would show (1) defendant's propensity to commit aggravated criminal sexual assault, (2) identity, (3) intent, (4) motive, and (5) lack of consent. The State argued that the arrest for the BB gun would show "circumstances or context of the defendant's arrest, placement of the defendant in proximity to the time and place of the crime and identification of the weapon used in the crime." The State argued that the offenses were factually similar, and the State further noted that the uncharged assault against L.H. generated DNA matching defendant's DNA. Defendant countered that the prejudicial effect substantially outweighed the probative value. Following a hearing, the circuit court granted the State's motion, but it barred the State from eliciting testimony that officers were responding to a call of a "man with a gun." Instead, the court instructed the State to only indicate that officers encountered defendant, and following a pat-down, a gun was recovered.
¶ 8 The trial began on September 12, 2017. L.D. testified that she was 33 years old and that on the evening of August 29, 2013, she joined friends to have some drinks. She and her friend Gloria Smith were at a Subway restaurant in the area of East 79th Street and South Cottage Grove Avenue in Chicago. At around or 9 or 9:30 p.m., defendant—whom L.D. did not recognize—approached the two women and "basically said he needed somebody to walk with him because he had a bunch of weed on him and he didn't want to get stopped by the police." L.D., defendant, and Gloria then began walking toward 79th and South Langley Avenue, but at some point, Gloriastopped walking with them because defendant, who had offered to pay to have someone walk with him, clarified that he was only going to pay one of them. Defendant and L.D. continued walking.
¶ 9 When they approached an alley around East 78th Street and Langley, L.D. said defendant's demeanor changed. Defendant lifted his shirt, and L.D. saw the butt of a gun in his waistband. When the State asked L.D. how she knew it was a gun, L.D. replied, "Because I know what guns look like." They were in the alley behind a building when defendant told L.D. that he wanted her to "suck his dick." L.D. said she started, "freaking out, crying, begging him not to do it." L.D. said her voice was raised, and defendant became nervous and told her to calm down.
¶ 10 Defendant, with his hand on L.D.'s shoulder, then walked her down the alley her toward East 76th Street. L.D. did not feel like she was able to leave for fear of defendant shooting her. L.D. noticed a few people out but did not feel that she could safely cry for help. Defendant walked L.D. to an abandoned building near East 75th Street and South Maryland Avenue. They entered through a back entrance and went to the second floor. L.D. said the building was "disgusting," with trash and "boards everywhere." She added, "You could tell no one lived there for years."
¶ 11 When they arrived at the second floor, L.D. said defendant told her to "suck his dick," and further told her that if she valued her life she would "suck it like you wanna live." Defendant then put his penis in her mouth. At some point, defendant told her, "[S]trip, bitch," L.D. lifted her skirt and removed her vest and leggings. Defendant then took his penis out of her mouth and told L.D. to lie on the floor. L.D. lay on her back, and defendant put his penis in her vagina without using a condom. Defendant told L.D. to "tell me you love this dick, say this dick yours [sic], and stuff like that." At some point, defendant removed his penis from her vagina and told her to get on her hands and knees. Defendant put his penis back into her vagina "for a little more minute," and thentook his penis out and masturbated until he ejaculated on her buttocks. Afterwards, defendant wiped his face and his penis with L.D.'s vest before throwing it at her.
¶ 12 Defendant then went through L.D.'s purse and removed her phone. Defendant saw photos of L.D., her baby, and the father of her child. After defendant asked her if that was her son and family, defendant warned her not to tell anyone or else he would "come after you all." L.D. put her clothes on, and defendant told her to stay where she was and wait until he left. L.D. said she waited for about two minutes before walking out. L.D. saw defendant "on the side of the building," and he told her to go another way. L.D. ran through a field to her home, about four blocks away.
¶ 13 When L.D. arrived near her home, she saw her boyfriend in the park. L.D. said she was crying, and when he asked what was wrong, she said she just wanted to go home and "basically that I just been raped." When L.D. got home, her cousin A.Y. and her cousin's girlfriend L.B. were there. L.D. did not immediately tell them what happened and instead went to the bathroom to get into the bathtub. L.B. went into the bathroom and asked what was wrong. L.D. told L.B. what had happened, and L.B. then called the police, who filed a report on the incident.
¶ 14 L.D. then testified that, in the early evening hours of September 3rd, she was walking down the street with some friends around East 79th Street and South Cottage Grove Avenue. L.D. saw defendant by himself walking toward her, and she said she "froze for a second" and "freaked." L.D. said there was no interaction with defendant at the point, and she walked back along South Langley Avenue and told her friends that she had just seen defendant. L.D. then went to the house of an "uncle"—whom she clarified was a family friend—named Shannon Arrington, whose house was across the street. L.D. told Shannon whom she saw, and they went looking for defendant.
¶ 15 After about ten minutes, they saw defendant walking with a woman. L.D. said she froze again and told Shannon that she saw him. Shannon stopped defendant at a currency exchange at79th and Cottage Grove, telling him that L.D. had accused him of raping her. While Shannon was detaining defendant, L.D. found a security officer from a nearby liquor store and told him what was happening. After the security officer arrived, L.D. then flagged down a police officer who was driving in the area. L.D. eventually went to the police station and identified her phone that defendant had taken after the assault. L.D. added that there were apparent "selfies" (i.e., self-portrait photographs) of defendant on her phone.
¶ 16 Shanta Hyde testified that she is defendant's cousin. At around 6 or 7 p.m. on September 3, 2013, she and defendant were in the area of 79th and Cottage Grove when they were approached by "two females." The "older lady" said to defendant, "[M]y niece [said] that you raped her, is that true?" Hyde then said that the "younger lady" started screaming at them, Hyde...
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